LawState and Law

The state structure is what? Signs of the state system. What is the national-state system

The state structure today is a multifaceted structure that is inextricably linked with the central authorities and internal administrative-territorial entities. Actually, the principles of interaction between the constituent units of the state and the center are the factor that determines the organizational form. The complexity of these relations, the degree of authority and sovereignty determines the nature of the country's governance. In the modern world, the organization of the state system is increasingly oriented toward democratic values. This is especially evident in the case of federal and national states, which take into account the interests of different groups of the population.

General concept of state structure

In the theory of state and law, there are several approaches to the consideration of questions about the structure of the state. As a rule, most of the contradictions among specialists cause the definition of this institution in terms of specific forms - for example, federal or unitary. Nevertheless, it is generally accepted that the state structure is a territorial structure within the country that determines its division into constituent parts, and also reveals the relationship between authorities. Classification of forms of the device is largely determined by the degree of sovereignty of individual entities within the state. There are several varieties of such forms, but a fundamental division can be traced between unitary and federal states. Also worth noting forms that do not belong to the state system. For example, in this plan it is worth highlighting interstate commonwealths, unions and communities of individual states.

Unitary state

This form of the device is characterized by the fact that its constituent formations, that is, administrative units, have no signs of broad autonomy. Nevertheless, the complex form still provides for the possibility of granting the formations with their own set of rights. It can be said that a unitary state structure is an organization of the country's structure, in which all the constituent parts enter into one hierarchical system subordinate to the authorities, but do not have their own sovereignty. The simplest examples of this kind do not provide for administrative-territorial division as such. But this occurs infrequently - for example, in such small countries as Singapore and Malta. Conversely, examples of countries with a complex unitary form may provide for the allocation of constituent units to a certain autonomy, which may be territorial or extraterritorial. In the first case, for example, autonomy can extend to a particular region or locality, and in the second - to cover only people of a certain nationality.

Signs of a unitary device

As can be seen, unitary forms may have some differences, but in order to better understand this way of organizing the state it is necessary to determine its characteristics. Thus, the unitary form of the state structure of countries is characterized by the following features:

  • The authorities are formed in the form of a single system, oriented to submission to one center. In this case, the lawmaking body can have only a unicameral device.
  • The state power is concentrated as a whole at the state level, and the country's compound entities do not have sovereignty, that is, they are not independent and subordinate to the center.
  • Single citizenship.
  • The system of lawmaking is represented by one level. At the same time, a single constitution operates throughout the country.

Regional Form

Before proceeding to the consideration of a federal state, it is worthwhile to identify a transitional form-a regional one. In this case it is assumed that individual entities within the state can have autonomy, and with broad powers. This in many respects ties this system to a federated device, but there are some differences. For example, a regional state structure is a form of organization of a country in which its subjects are vested with broad rights, but still depend on the central authority. The latter aspect can be expressed in different ways. So, in some countries, only the Constitutional Court can make meaningful decisions in administrative-territorial entities. In the same way, control over the constituent parts of the state is carried out. In many cases, autonomy itself is only nominal. But, there are also reverse examples, where the regions are fully endowed with the opportunities to form local authorities, administrations, issue legislative acts, etc.

Federated State

Unlike the unitary form, the federation presupposes the allocation of subjects of the state with a certain sovereignty, but in a limited form. This method of organization is also based on the distribution of management powers between regional entities and the center. By the nature of the formation of constituent parts, the federal state is divided into three categories:

  • Administrative Federation. In this case, an administrative-state system is envisaged, in which all its internal formations were formed on the basis of economic, historical, geographical and other peculiarities.
  • National form of education. In such a federation, subjects are divided according to national-linguistic characteristics, which determine the peoples living on the territory of the country.
  • Mixed federation. It is also called a national-territorial form, in which the formation of constituent parts occurs with an orientation to the territorial and national principles of separation.

Signs of a federative state

One of the main features of this form of the device is the separation of the objects of authority and authority between the main source of power and the subjects of the federation. The next sign to some extent follows from the previous one - this is a two-level structure of government bodies. That is, the structure of state authorities in this case provides for a federal branch and a parliament of subjects that has the right to form a local administration. Also, a federal system can be distinguished by a two-level system of legislation. This means that the constitution and the legislative base are both at the center level and at the level of the subjects. In some cases, constituent units may establish local citizenship - along with the federal one.

Confederation

As already noted, if you strictly approach the institution of state structure, then the unions do not relate to the forms of its organization. Nevertheless, there are exceptions, in which a confederation can be included. In this case, the state structure is a form of union of several countries, which is realized for achieving economic, political or other purposes. Actually, the basis for considering this form of government is the possibility of the union's transition to a federation. At the same time, the probability of its disintegration into several unitary states should be taken into account. Forms of confederation are known from examples of the formation of statehood in Switzerland, Germany and the United States. At different times, these countries were alliances, which later were transformed into a full-fledged state.

Attributes of the Confederation

In modern terms, confederative signs of the state structure are quite diverse and often come into conflict with the real state of affairs. For example, the same Switzerland formally continues to be a confederation, and in fact has long been characterized by a federal system. One way or another, among the classic features of the confederation are the following:

  • Each state that is part of the union can have its own armed forces and authorities. At the same time, at the level of the center only the higher bodies are formed to coordinate the components.
  • Domestic formations have sovereignty, which is expressed in the fullness of state power.
  • All the states that are part of the Union have their own constitution and legislative bodies, and at the highest level a common confederal constitution is adopted. However, there is no single legislative body at the union level.
  • The citizenship of the confederation, as a rule, is not provided.
  • At achievement of own purposes, each state can voluntarily withdraw from the union.

What is the national state system?

The formation of statehood rarely occurs without taking into account the characteristics of national sovereignties of different nationalities that live in the country. This way of organization can occur in a unitary and a federal state. At the same time, the federal form of organization is the closest to the national-state structure, since it is more likely to presume the presence of many nations within the same country. That is, in order to understand what national-state structure is, one should focus on the multinationality of the community. As a rule, this is the name of the system of states in which citizens of different nationalities live.

Political regime

Under the regime of state structure is understood political management, expressed in a combination of methods, forms and methods of realizing relations in society. It can also be seen as a way of shaping and acting the political system. To date, such modes of government as democracy, authoritarianism and totalitarianism are relevant. Each of these regimes is characterized by its means of exercising power, the degree of involvement in the management of citizens, the attitude to legal foundations, etc. It is important to consider that the elements of the formation of political governance within a particular regime can be based on different platforms, including sociological, institutional, As well as ideological order.

Forms of government

Another important element of the form of the state is the mode of government. It is he who determines on what principles the authorities will be formed. For example, under the monarchy, the form of government, the state regime, the state structure and, in general, the organization of power are completely subordinated to the will of one person. Conversely, the republic envisages participation in the formation of the state and the system of government by the society and, in particular, every citizen. In extreme cases, such a right is vested in representative institutions, which, in turn, are responsible to civil society.

Conclusion

The Institute of State Power has been formed for many centuries, but today it can not be said that there are unequivocal approaches to the optimal organization of relations between the central government and regional actors. At the moment, the state structure of the state suggests several models, the main of which are unitary and federated forms. Each of them has its own characteristics, but there are many similarities. For example, the supreme body of legislation in both cases are the central authorities. At the same time, it can not be denied that the federation provides broader opportunities for self-management of subjects within their jurisdiction.

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