Forms of State: Historical and Contemporary Perspectives
Forms of State in the Strict Sense
Historical Forms
Absolute State
This form of state, also called absolute monarchy, emerged as a reaction to feudalism and its dispersion of power. Power became concentrated in the crown, granting the monarch absolute authority and placing them above the law. The population was legally unequal, divided into three estates with distinct rights and obligations:
- Nobility: Membership was determined by birth, with inherited rights and obligations.
- Clergy: Entry was restricted and irreversible, with divisions between upper and lower clergy.
- Third Estate (Commoners): This encompassed the majority of the population, including artisans, farmers, and various other professions.
Police State or Cameral State
While still an absolute state, this variant saw the crown striving to implement policies beneficial to the people, aligning with the concept of enlightened despotism (“everything for the people but without the people”). The Police State was prevalent in Spain and France, while the Cameral State, characterized by advisors known as cameras, was found in central Europe.
Present Form: The Rule of Law
The modern form of state is characterized by the rule of law, with four key features:
1. Supremacy of the Law
All citizens are considered equal under the law, both in its formulation and application. This principle is fundamental for a functioning market economy.
2. Division of Powers
Power is divided among different branches of government to prevent any single entity from wielding unchecked authority. These branches include:
- Legislative Branch: Responsible for making laws.
- Executive Branch: Responsible for enforcing laws.
- Judicial Branch: Responsible for punishing violations of the law.
3. Checks and Balances
The powers of each branch of government are designed to control and influence each other, ensuring accountability and preventing abuses of power.
4. Civil Rights and Liberties
Individuals possess fundamental rights that the state cannot infringe upon. This represents a significant shift from previous eras where rights were often privileges granted by the state.
The Evolution of the Rule of Law: From Liberal to Welfare State
The early liberal state adopted a largely hands-off approach to the market, focusing primarily on national defense and internal public order. However, the emergence of Keynesian economics led to greater state intervention in the market, resulting in the development of the modern welfare state.
Alternatives to the Liberal State
Three main alternatives to the liberal state have emerged:
- Communist or Socialist State: Exemplified by the Soviet Union, this model is based on Marxist ideology and aims to achieve a classless society.
- Authoritarian and Totalitarian State: Characterized by absolute control and suppression of dissent, these regimes seek to dominate all aspects of public and private life.
- Welfare State: This model builds upon the liberal state by incorporating social safety nets and greater economic intervention to address market failures and promote social well-being.
Political Rights and Freedoms
The modern state recognizes and protects various political rights and freedoms, including:
- Civil Rights: These encompass fundamental rights and freedoms related to personal liberty and social interaction, such as freedom of speech, assembly, and association.
- Political Rights: These pertain to political participation, including the right to vote, run for office, and participate in political parties.