Political Power and the Modern State
Political Power
Political power affects the whole society. It is the ability to search and manage public resources according to principles expressed in legislation to achieve social development goals and peaceful coexistence.
The State as a Political Institution
The state is a human social institution, which covers the entire society. It is organized into departments and procedures used to organize, manage, and stabilize society.
Elements of the State
- Society: Stable and settled in a territory with recognized borders.
- Legal Order (Law): A unit that regulates social life.
- Sovereignty: Autonomous capacity to develop and implement its own goals and ensure safety.
- Using Coercive Force: Recognized by law to fulfill its policies and decisions.
- Various Institutions:
- Legislative Chambers (Legislature): Propose and pass laws.
- Government (Executive Branch): Applies the law in its management.
- Courts of Justice (Judiciary): Sanction the breaking of laws.
- Administration: Structured in departments with interrelated functions and powers specified by law.
The Modern State and Rule of Law
The modern state is characterized by:
- Rejecting the idea of the divine origin of political power.
- Separating the three powers (legislative, executive, and judicial) to avoid dictatorship, oligarchy, or autocracy, prevent abuses, and limit the exercise of power.
- Legal recognition by other states.
- Its sovereignty being justified by the free will of its members.
- International law and economics limiting its power.
- Using coercive force in extreme circumstances and under legally legitimized conditions.
Above all, it must be a rule of law.
The Rule of Law
The rule of law has a constitution that sets out all the laws. These laws should be applicable to social development. All members of the state are subject to these laws, provided they defend the actual exercise of democratic principles. No law shall be valid if it contradicts these principles.
It is a democratic organization based on the needs of rational human nature—free, dignified, and respectable. It should:
- Recognize and protect individual freedom, equality, political participation, and other fundamental rights of every human being.
- Encourage their implementation with civil society and other states.
- Share reasonable pluralism.
- Practice tolerance, non-indifference, and permissiveness.
- Seek reasonable solutions.
- Promote equal rights, opportunities, and solidarity.
- Uphold just social peace.
Legitimacy of the State
Legitimacy should not be confused with legality. Legal and legitimate are not always the same. The natural order, divine freedom, and recognition of individual charisma are not enough for a state to be democratic and lawful. It requires legitimacy.
There are several theories about legitimacy:
- Machiavelli says that the state and its power are justified by their own exercise and conservation. The reason of state is above everything.
- Tractual theories legitimize the state for the contractual will of free, equal, and reasonable individuals.
- Hobbes says that man is free and rational and may have unlimited rights to improve their lives. But the exercise of unlimited power leads to conflicts, with negative consequences. Thus arises the need to establish a contract to ensure peace. The condition is caused by contract. It determines the social order. It is an absolutist state.
Civil Society and State
Civil society is the organization, structure, and social articulation in various relations systems. It represents the public space of expression and free discussion of public affairs. It is governed by different legal rules foreseen in several civil rights and social duties.
Civil society is a larger organization and the base of the state. They need each other. Civil society legitimizes the legal personality of the state. The state should lead public life by social requirements.
Society must be free, governed by solidarity, and aware of legitimizing the state. It needs to acquire more consciousness and responsibility. It must invest responsibly in political affairs. It should express what it wants and needs. It has to work actively with the state to prevent objectionable behavior. It is necessary to promote awareness and training.
Some argue that the welfare state reduces civil society initiative. Therefore, governors and governed, state and civil society are increasingly separated.