law lecture 1 - копия.pptx
- Количество слайдов: 13
The lesson theme: The main functions of the legal democratic state. The state machinery • • • Democracy is a system of government in which people choose their rulers by voting for them in elections Law-(often the law) the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties Freedom - the power or right to act, speak, or think as one wants The term democracy [dɪ'mɔkrəsɪ] first came up in Greek political and philosophical thought. The philosopher Plato ['pleɪtəu] created the idea of democracy as a system of "rule by the governed". It is an alternative system to monarchy['mɔnəkɪ]: ruled by one individual, an oligarchy ['ɔlɪgɑːkɪ]: ruled by a small elite class (An oligarchy is a small group of people who control and run a particular country or organization), or timocracy [tɪˈmɒkrəsi]: ruling by property owners ((греч. timokratía, от time — цена, честь и krátos — власть, сила; )a political unit or system in which possession of property serves as the first requirement for participation in government).
Democracy • Form of government in which supreme power is vested in the people and exercised by them directly [dɪ'rektlɪ ], ([daɪ-])or indirectly[ˌɪndɪ'rektlɪ] through a system of representation usually involving periodic free elections. • democracy • 1. government by the people or their elected representatives • 2. a political or social unit governed ultimately by all its members • 3. the common people, esp as a political force
State • Political organization of society, or the body politic, or, more narrowly, the institutions of government. The state is distinguished from other social groups by its purpose (establishment of order and security), methods (its laws and their enforcement), territory (its area of jurisdiction), and sovereignty['sɔvr(ə)ntɪ]. In some countries (e. g. , the U. S. ), the term also refers to non-sovereign political units subject to the authority of the larger state, or federal union.
1. Concept of law and its signs. • Origin of law is caused by the same reasons, as state origin. The state provides the most important social norms, turning them into legal, and also carries out activities for establishment of new rules of law.
Law • Law - is a system of obligatory, formal and certain rules of the behavior established by the state by means of which the most important interests of the individual and society are realized. Besides rules of law as the regulator of the relations there are norms of morals, religious norms, etc. . in society. But law differs from other social norms that it proceeds from the state; rules of law are obligatory; they do not have a personified character; they are in fixed in a written way.
Main functions of the constitutional democratic state. • 1. Classification of the states by their relation to law. • To understand a huge set of the states, they are classified according to the different grounds. The particular interest is represented by classification on etatic and legal states.
The Etatic state • The Etatic states are characterized by forms and methods of a rigid distribution and instructions considered on obligatory and implicit submission and execution by all citizens. All versions of totalitarian and authoritative modes belong to the etatic states.
The legal state • The legal states proceed from the idea of priority of law and public administration and prefer legal forms and methods of governing. The advanced states of the West and the East are legal.
2. Features of a legal state The legal state differs from the etatic one. • 1) In the legal state the whole mechanism of power, each official separately in the activity are connected by legal instructions. • 2) The legal state doesn't allow a big gap between the right and the law. • 3) The legal state isn't limited to acceptance and declaration of regulations. • 4) The status ['steɪtəs]of the personality and other subjects of the public relations in the legal state differ that provides a wide complex of rights and freedoms, sufficient for ensuring normal activity. • 5) Legitimacy[lɪ'ʤɪtəməsɪ] of all state and public institutes and structures; in the legal state it is proclaimed and realized by the principle of division of the power. • 6) For legal society mutual responsibility of citizens before the state and the states before citizens is characteristic.
3. Essence and state functions. • The state is the organization of the public political power extending on all territory of the country and its population, acting as its official representative and is based on means and coercive [kəu'ɜːsɪv]measures in necessary cases.
Functions of a state • Functions of a state are the main directions of its activity. They are defined by essence of the state. Among functions of the state we can distinguish internal and external, temporary and constant. There also economic, political, cultural and other functions.
The state machinery • The state machinery is a system of government bodies by means of which the state power is realized and the governing of society is provided. • For implementation of the state functions the special state machinery is created. The state machinery is a part of the mechanism of the state, representing set of the government bodies allocated with powers of authority for realization of the power.
The structure of the mechanism of the state • The structure of the mechanism of the state, except government includes public institutions and enterprises. Public institutions are the state organizations carrying out directly practical activity on performance of functions of the state in various spheres: economic, social, cultural, guarding, etc. The state enterprises are the institutions carrying out economic activity for production or its providing, performance of various works and rendering services for satisfaction of requirements of society, getting profit.


