What form of government. Forms of government

There are about two hundred states in the world. They can be classified depending on the level of economic, political development, on ideological, religious orientation, on the means by which international politics are carried out, etc. But even within the same group, having a single essence, the same tasks, states differ in their form.

When we talk about the form of a state, we mean its structure, which is manifested in the totality of its external features.

The shape of the state is greatly influenced not only by economic factors, but also by natural, climatic conditions, religious views, national characteristics, cultural level people, historical traditions, etc.

The form of the state includes three interrelated elements: the form of government, the form government system and political regime.

The form of government characterizes the organization of state power, the system of supreme government bodies, as well as the order of their formation, relationships among themselves and with citizens.

Thus, in Nepal, all power belongs to the king; in Great Britain, the queen rules only formally, but in fact, the parliament and the government headed by the prime minister; The USA is a republic with a strong presidential power; In Italy, parliament plays a decisive role. However, with all the diversity of states, according to the form of government, they can be divided into two groups: monarchies and republics.

Monarchy(translated from Greek - the power of one) as a form of government can otherwise be called personal autocracy. It is distinguished by the following characteristics:

• the existence of a single head of state;
• the possession by the monarch of all power, which is supreme, indivisible and sovereign (independent);
• hereditary order of transfer of power;
• perpetual reign of a monarch;
• legal irresponsibility of the monarch.

There are unlimited (absolute) and limited monarchies.

An absolute monarchy is characterized by the absence of representative institutions of the people and the concentration of all state power in the hands of the monarch. He makes laws, appoints officials, controls the collection of taxes and spends them at his own discretion. The punitive function is also in his hands. A type of absolute monarchy is a theocratic monarchy (for example, Saudi Arabia, Qatar, Oman), which is characterized by the concentration of both state and religious power in the hands of the monarch.

A limited monarchy is divided into dualistic and parliamentary (constitutional) depending on the degree of limitation of the powers of the head of state.

In a dualistic monarchy, there are two political institutions: the royal court (the institution of the monarchy), which forms the government, and the parliament, which does not have any influence on the government, as, for example, in Russia before the revolution of 1917. The monarch has strong influence on parliament: it can veto laws it adopts, issue emergency decrees that have the force of law, or even dissolve parliament.

A parliamentary monarchy (sometimes called a constitutional monarchy) is characterized by limitations on the power of the monarch in both the legislative and executive spheres. Despite the fact that formally the head of government and ministers are appointed by the monarch, the government is responsible not to him, but to parliament. The monarch here is a symbolic figure, a kind of tribute to tradition, rather than an authoritative one. He reigns, but does not rule (Japan, Sweden, Great Britain).

There are several systems of succession to the throne:

1. Castilian, adopted in Scandinavian countries, does not distinguish between men and women. The decisive factor in succession to the throne is not the gender of the heir, but seniority. Consequently, the presence of an eldest daughter in the monarch's family does not give the younger son the opportunity to become king;
2. Salic, allowing women to the throne only if the king has no sons. In other words, the younger brother precludes the older sister from taking the throne;
3. the Austrian one is the most stringent system adopted in Russia after the reign of Catherine II, allowing women to the throne only if there are no men left in the royal family.

Republic(in translation, from Latin - a public matter) as a form of government arose later than the monarchy and became dominant in modern world.

The republic has the following characteristics:

1. governance is carried out collectively, that is, not by one person, but by a system of government bodies;
2. republican government is based on the principle of separation of powers into legislative, executive and judicial;
3. the people participate in the formation of power; During the election process, authorities may use various electoral systems, some less, others more democratic;
4. representative authorities and senior officials are elected for a certain term;
5. senior officials are responsible to the body that elected them or to the people.

In the practice of state building, two main types of republic are known.

Presidential republic characterized by the significant role of the president in the system of government bodies, combining in his hands the powers of the head of state and head of government. Since the president and government are elected extra-parliamentarily, these institutions of power in certain situations can politically oppose parliament. A presidential republic creates favorable conditions for the concentration of greater powers in the hands of the president, which stabilizes state power. Usually this is extremely necessary in transitional stages (Mexico), in states where monarchical traditions are strong (Romania), in situations that are not stable (Ukraine), during reforms (Chile), in states with a vast territory or multinational composition ( USA), in the presence of emergency events, such as war (Syria). Most of these factors are inherent modern Russia, therefore, the issue of choosing the type of republic here should be resolved, of course, in favor presidential republic.

Parliamentary republic characterized by the proclamation of the principle of the supremacy of parliament, to which the government bears full responsibility for its activities. The president's participation in the formation of the government is minimal: it is formed by the party that receives the majority in parliament. Although the president is formally vested with great powers, in practice he does not have a serious influence on the exercise of state power, as, for example, in Germany. A parliamentary republic is a less common form of government than a presidential republic. It exists in countries with developed, largely self-regulating economies (Italy, Finland, Turkey, etc.). There are not many countries like this in the world. Russia is still very far from introducing this form of government.

There are other types of republic: super-presidential, mixed (semi-presidential or semi-parliamentary) republic.

It should be noted that the form of government cannot be chosen arbitrarily. In many ways, it depends on the level of consciousness of people living in a given state.

Bibliographic description:

Nesterova I.A. Forms of government [Electronic resource] // Educational encyclopedia website

In modern law, there is a clear division of countries according to forms of government. Both the monarchy and the republic have their own characteristics and require close attention from legal scholars and political scientists. Each form of government has pros and cons and affects the development of society.

Concept of form of government

The concept of a form of government is unthinkable without understanding that it is a conservative institution that is very difficult to change. The interpretation of the term “form of government” has occupied minds for decades.

The interpretation presented by V.E. Chirkin is generally accepted: “The form of government is an element of the form of the state that determines the system of organization higher authorities state authorities, the procedure for their formation, terms of activity and competence, as well as the procedure for the interaction of these bodies with each other and with the population, and the degree of participation of the population in their formation."

The form of government is not identical to the form of government. These are two different concepts. The form of government can be considered in a narrow and broad sense:

• In a broad sense, a form of government is the organization of the highest organs of state power;
• In a narrow sense, a form of government is a method of organization and interaction of all organs of the state.

In history, there are two forms of government: monarchy and republic. At different periods of the development of society, there were certain types of monarchies and republics, determined by the evolutionary development of a particular state. Each type of monarchy or republic represents the evolution of a particular form of government from simple to complex.

To understand the essence of the form of government as a legal phenomenon, it is necessary to study the characteristics of each type separately and highlight the pros and cons for the development of society and law.

Monarchy

You can read about monarchy as a form of government in Sumerian tablets, Egyptian papyri or ancient Indian scrolls. The monarchy is depicted in the Old and New Testaments; the monarchy is also mentioned in other religions, which speaks of antiquity and resistance to evolutionary trends.

Monarchy is a form of government in which the supreme state power is exercised individually, it is for life, inherited and does not provide for responsibility to the population

Today there are many countries where the monarchy has been preserved. For example, Great Britain is considered a constitutional monarchy. In the land of fogs, the royal family is a symbol and national pride. Formally, none government decisions the queen does not accept. However, there has long been an opinion that not a single important event for the country takes place without the behind-the-scenes intervention of royalty.

Separately, we should list all states where there is an absolute monarchy. These countries have maintained a strict hierarchy in society. The life of citizens and the development of the country largely depend on the monarch.

Countries with an absolute monarchy are mostly Muslim countries with deep and rigid religious traditions.

Absolute monarchies as of 2018 include:

1. Qatar
2. Brunei
3. Saudi Arabia
4. United United Arab Emirates
5. Vatican
6. Swaziland

As an example of the government structure of a state with an absolute monarchy, consider African state Swaziland. This country is located in southern Africa. The state has no constitution. Several laws similar in functional features to constitutional ones, they regulate important spheres of social life.

Flag of the Kingdom of Swaziland

The sole ruler of the Kingdom of Swaziland is King Mswati III. He is vested with executive powers and appoints ministers and the prime minister. Executive power is concentrated in the hands of the king. He has the power to appoint several of his representatives to each of the houses of parliament. The Parliament in the Kingdom of Swaziland plays the role of an advisory body to the reigning monarch. The Supreme Commander of the army is the King of Swaziland. He also controls the Royal Police, which is responsible for maintaining order within the country.

Monarchy is the oldest form of government. It appeared before our era and still exists in a number of states. The monarchy has experienced evolution and the breakdown of traditional authoritarian foundations, but at the same time, it has retained the role of the monarch as a key figure in the state.

Republican form of government

In modern legal science, the republican form of government is considered more progressive and promising. It is believed that republics are more democratic and aimed at developing the institution of civil society than monarchies. This statement is controversial, but has a right to exist.

Republic is a form of government in which the supreme state power belongs to elected bodies elected by the population for a certain term and responsible to voters.

Signs republican form board

Republic originated in the era of antiquity. Later, the republic broke through dense feudalism into Europe through revolutions. During the period of feudalism, the republican form of government was not widespread and existed in large trading city-states. The most famous cities of the republics are Venice, Genoa, Lubeck, Novgorod and Pskov.

The most significant event in the process of formation of the republic as a key form of government was the Great French Revolution. The beginning of the revolution was marked by the capture of the Bastille on July 14, 1789, and historians consider the end of the revolution to be November 9, 1799. During bloody unrest and a series of uprisings in France, the monarch was overthrown. Many books have been written, films have been made, and games have been made about the cruelty of the revolutionaries of that time. Robespierre's senseless atrocities are believed to be justified as a result of the revolution. However, controversy on this issue continues to this day.

C, presidential and mixed republics. Before turning to the characteristics of each type of republic, it is necessary to highlight the interpretations of each type of republic.

According to Safonov E.V. presidential republic represents a form of government “in which the highest official in the state there is a president, vested with real powers of authority and combining in his hands the functions of the head of state and the head of government."

In science, constitutional law is under parliamentary republic is understood as a form of government in which the key role in managing the affairs of the state belongs to the parliament, and the president performs formal functions.

Mixed Republic or a presidential-parliamentary republic is a form of government in which there is a balance between the president and parliament.

In various states there are certain requirements for presidential candidates: from age limit to religious preferences. Thus, in Venezuela the president should not be younger than 30 years old, and in France and the USA - 45 years old. In Algeria, Sudan, Tunisia, and Pakistan, only a person professing the state religion can be elected to the post of president. In the Philippines, a presidential candidate must be able to read and write in state language. In Nigeria, the candidate must have an average, and in Turkey - higher education. There are a number of other conditions. For example, in Iran, a candidate for the presidency must be honest and have the organizational skills necessary for leadership.

Unconventional forms of government

Under the influence of various external and internal factors In a number of states, traditional forms of government are undergoing a transformation. What leads to mixed species government controlled, such as a republican monarchy. Elections for a new monarch are usually held when a dynasty ends. At the same time, in modern conditions There are monarchs where the head of state is not lifelong or hereditary, but is re-elected after a certain period of time. Such a system exists in Malaysia and the United Arab Emirates, peculiar federal elective monarchies. In each of these states, the head of state is re-elected every 5 years. This brings the head of state - the monarch - closer to the president, and the monarchical form of government to the republican one. However, both states remain monarchies, since any citizen who meets the electoral qualifications and requirements for president cannot be elected head of state.

In Malaysia, 9 of the 13 federal subjects are headed by hereditary sultans (government in the other four is organized differently), and only these 9 form the Council of Rulers, which elects the head of state once every 5 years. In Malaysia, the Council of Rulers does not have power, and the power of the monarch is also significantly limited. Malaysia is a parliamentary monarchy.

A no less interesting non-traditional form of government is a super-presidential republic. This form of government is common in states Latin America. A super-presidential republic is characterized by the following:

• high degree of centralization of the state apparatus;
• hypertrophied development of the institution of a state of emergency or state of siege;
• the important role of the army in political life;
• the predominance of violent methods of achieving power.

Literature

1. Chirkin, V. E. State Studies - M.: Lawyer, 2009
2. Safonov, V. E. Constitutional law of foreign countries. – M.: Yurayt Publishing House, 2013

The form of government is understood as the system of formation and relationships of the highest state authorities. There are two main forms of government: monarchy and republic.

The term is of Greek origin (monos - one, arche - power) and means autocracy. This is a form of government in which power is fully or partially concentrated in the hands of the sole head of state - (king, emperor, shah, etc.) and is passed on, as a rule, by inheritance. An absolute monarchy is characterized by the autocracy of the monarch. He is the sole sovereign of power, he himself makes laws, appoints the government, and rules the highest court. Currently, absolute monarchy has been preserved only in a few countries (Saudi Arabia, Oman, Qatar, United Arab Emirates, Brunei).

A constitutional monarchy is a form of government in which the power of the monarch is limited by a representative body. Usually this limitation is determined by the constitution. A constitutional monarchy arises during the formation of bourgeois society.

Depending on the degree of limitation of the monarch's power, they are divided into dualistic and parliamentary monarchy. In dualistic monarchies (Prussia, Austria, Japan, Italy, Romania - in the past, currently - Jordan, Kuwait, Morocco) the monarch retains executive power, the right to form a government, the right of veto and dissolution of parliament. A parliamentary monarchy is characterized by the following features: there is a separation of powers, the monarch “reigns but does not rule”, the government is formed by parliament from representatives of the majority party (or parties), the government is responsible not to the monarch, but to parliament, legal status monarch is limited.

Currently, there are 44 states in the world with a monarchical form of government. Parliamentary monarchies predominate (Great Britain, Japan, Sweden, Spain, Australia, the Netherlands, Luxembourg, New Zealand, etc.). If at the beginning of the 20th century. In Europe, all countries were monarchical (with the exception of France and Switzerland - republics), but now out of 34 countries there are only 11 monarchies, and the rest are republics.

(Latin respuble - from res - business and publecus - public) is a form of government that is characterized by the election of the head of state. The source of state power is the people. The Republic arose in ancient times– Athens (V-IV centuries BC)

Depending on the method of formation and interaction of branches of power, three types of republic are distinguished - presidential, parliamentary and mixed (semi-presidential, parliamentary-presidential).

Presidential republic characterized by the following features: the president, the head of state, is also the head of the executive branch (as a rule, the post of prime minister is absent); popular election of the president, the government is formed by the president; lack of government responsibility to parliament, the principle of separation of powers is strictly manifested. The United States is a classic presidential republic.

Parliamentary republic: supreme power in the organization of public life belongs to the parliament, which is elected by the citizens of the country; the president, as the head of state, is elected, as a rule, by parliament, has symbolic rights, and does not have a significant influence on political life; the government is formed by parliament from representatives of the party or coalition of the parliamentary majority; political responsibility of the government to parliament; The head of government is the prime minister (chancellor, chairman of the council) - the leader of the party of the parliamentary majority, appointed by the president and is the main person in the political life of the country. The parliamentary republics are Germany, Italy, India, Turkey, Hungary, Israel, the Czech Republic, Slovakia, etc.

Mixed republics combine the features of both presidential and parliamentary republics. Its main feature is the dual responsibility of the government to the president and to parliament. A similar system is in France, Austria, Portugal, Finland, Poland, Bulgaria, Croatia, Slovenia. This form of government is effective provided that the president, the parliamentary majority and the government adhere to the same political orientation, and if the opposite, then there may be conflict. The situation in Ukraine is proof of this.

According to amendments to the Constitution adopted in December 2004, Ukraine became a presidential-parliamentary republic, in which the role of parliament, in particular, in forming the government, was significantly strengthened. However, the amendments adopted in the political emergency of late 2004 contained a number of contradictory points, as a result of which the new parliament elected in September 2007 will have to return to constitutional problems.

The concept of "form" government“(or simply “form of government”) answers the question of who “rules” in the state, that is, who exercises the highest (supreme) power in it.

Characteristics of the form of government require paying attention to the following points:

The structure of the highest bodies of state power (their composition, competence, principles of interaction);

The nature of the relationship between the highest state authorities and other state bodies and with the population;

Order of education;

The degree of participation of the population in the formation.

There are two main forms of government - monarchy and republic.

Monarchy - autocracy, autocracy (from the Greek "monos" - one and "arche" - power, that is, "monarchy") - a form of government where all supreme power for life belongs to one person - the monarch (pharaoh, king, king, shah, the sultan, etc.), who inherits it as a representative of the ruling dynasty, acts as the sole head of state and is not responsible to the population for his governmental actions.

Typical features of a monarchical form of government:

a) the existence of the sole bearer of supreme state power;

b) dynastic inheritance of supreme power;

c) lifelong ownership of power by the monarch: the laws of the monarchy do not provide for the removal of the monarch from power under any circumstances;

d) the power of the monarch appears as non-derivative from the power of the people (power is acquired by the “grace of God”);

e) the lack of legal responsibility of the monarch for his actions as head of state (according to the Military Regulations of Peter I, the sovereign is “an autocratic monarch who should not give an answer to anyone in the world about his affairs”).

The form of government depends primarily on the type of society. The monarchy arose in a slave society. Under feudalism, it became the main form of government. In states of the bourgeois type, only the formal features of monarchical rule have been preserved. At the same time, the monarchy is a very flexible and viable form of government, which undoubtedly has a number of positive qualities that have not lost their significance in modern times. Thus, in 1975, the people of Spain spoke in a plebiscite in favor of establishing a monarchy. Monarchical sentiments also exist in modern Russia.

In the historical aspect, monarchies can be divided into ancient oriental despotisms based on the Asian mode of production (Babylon, India, Egypt), ancient slaveholding (for example, the ancient Roman monarchy), feudal (early feudal, estate-representative, absolute).

From the point of view of the complete power of the monarch, we can distinguish such types of monarchy as absolute (unlimited) and constitutional (limited).

Under the conditions of an absolute monarchy as a form of government, the monarch by law has all the fullness of the supreme state power - legislative, executive, judicial. In such a state there is no parliament - a legislative body elected by the population; there are no constitutional acts limiting the power of the monarch. An example of an absolute monarchy currently is Saudi Arabia. It was such a monarchy for a long time Russian empire(before the tsar issued laws in 1906). An absolute monarchy is characterized by an authoritarian regime.

A constitutional monarchy is a form of government in which the power of the monarch is constitutionally limited to representative bodies. Constitutional monarchy arises during the formation of bourgeois society and currently exists in England, Denmark, Belgium, Spain, Norway, Sweden, Japan, etc. States of this form of government function in a democratic regime.

A constitutional monarchy can be dualistic and parliamentary. In a dualistic monarchy, the organization of the highest bodies of state power is dual in nature: the monarch concentrates executive power in his hands, forms a government responsible to him, and legislative power belongs to parliament. (At the same time, however, the monarch has the right to impose an absolute veto on laws adopted by parliament.) Such a monarchy was, for example, tsarist Russia after the creation of the Duma. Currently - Morocco, Jordan, Kuwait, Bahrain and some other countries. The practically dualistic monarchy as a form of government has outlived its usefulness.

The parliamentary monarchy is characterized by the following features:

a) the power of the monarch is limited in all spheres of state power, there is no dualism of any kind;

b) executive power is exercised by the government, which, in accordance with the constitution, is responsible to parliament and not to the monarch;

c) the government is formed from representatives of the party that won the elections;

d) the head of state becomes the leader of the party with the largest number of seats in parliament;

e) laws are passed by parliament, and their signing by the monarch represents a formal act.

A typical example Great Britain is a parliamentary monarchy.

The republican form of government is more widespread than the monarchy in the modern world.

A republic (from the Latin “res publica” - a public matter, a nationwide one) is a form of government in which the highest state power is exercised by collegial elected bodies elected by the population for a certain term.

The republican form of government is characterized by the following features:

a) election of the highest bodies of state power and their collegial (collective) character;

b) the presence of an elected head of state;

c) election of bodies of supreme state power for a certain period;

d) the derivative of state power from the sovereignty of the people: “res publica est res populi” (“the state is a matter of the whole people”);

e) legal responsibility of the head of state.

A modern republic can be presidential or parliamentary.

A presidential republic is characterized by:

a) the combination in the hands of the president of the powers of the head of state and government (USA, Argentina, Brazil, Mexico);

b) the president is elected by the population or its representatives in elections (electors);

c) the president independently (parliamentary control is not excluded) forms the government, and it is responsible to the president, and not to parliament;

d) the president is vested with such powers that largely allow him to control the activities of the highest legislative body (the right to dissolve parliament, the right of veto, etc.), to take upon himself in case of emergency functions of parliament.

A typical example of a presidential republic is the United States.

Home distinctive feature Parliamentary republic is the principle of political responsibility of the government to parliament. In general, it is characterized by the following features:

a) supreme power belongs to parliament, elected by the population;

b) the president is the head of state, but not the head of government;

c) the government is formed only by parliamentary means from among the deputies belonging to the ruling party (having a majority of votes in parliament) or to a party coalition;

d) the government is responsible to parliament;

e) the president is elected either by parliament or by a special board formed by parliament;

f) the presence of the position of prime minister, who is the head of government and leader of the ruling party or party coalition;

g) the government remains in power as long as it has the support of the parliamentary majority (in bicameral parliaments - the majority of the lower house), and if it loses such support, it either resigns, which means a government crisis, or, through the head of state, seeks the dissolution of parliament and calling early parliamentary elections;

h) the president, as the head of state, promulgates laws, issues decrees, has the right to dissolve parliament, appoints the head of government, is the commander-in-chief of the armed forces, etc.

Parliamentary republics are Italy, Germany, Greece, Iceland, India, etc.

Some countries are classified as “semi-presidential” (presidential-parliamentary) republics (France, Finland, Russia).

The form of government of a totalitarian state is called a “perverted form of republic” or a “partocratic” republic, which has all the features of a totalitarian organization.

The history of the formation of the republican form of government also knows such varieties as democratic (Athenian Democratic Republic) and aristocratic (Spartan, Roman). There were also feudal city-republics, which, as a result of strengthening their power, moved from city self-government to state sovereignty. Such city-republics were Florence, Venice, Genoa - in Italy, Novgorod and Pskov - in Russia. There were also free cities in Germany, France, and England.

The form of government is a system of supreme bodies of state power. This concept includes the structure of their formation and the order of distribution of powers between them. Monarchy and republic are the main forms of government.

The first - monarchy - is characterized by power exercised individually (or almost individually). In such a system, power is usually inherited.

The origin and development of the monarchical form of government took place under conditions of a slave-owning system. During the feudal period, this system became the main one. It is believed that the oldest monarchical dynasty in the world is the Japanese.

The classical monarchy is endowed with the following main characteristics:

The presence of a single head of state, vested with power and enjoying it for life (pharaoh, sultan, emir, shah, emperor, king, king);

Implementation of succession of power according to hereditary order;

The presence of legal irresponsibility on the part of the monarch (the inability to apply the process of impeachment (accusation) to the head of state). It should be noted that in history there are many examples of both conspiracies against monarchs and creations in the country with the aim of overthrowing autocracy.

They call this form of government in which all supreme power, in accordance with the law, belongs entirely to one person.

Under a constitutional autocracy, the power of the head of state is largely limited to a representative body. As a rule, such restrictions are determined by the constitution, which, in turn, is approved by parliament. has no right to change the constitution.

There are dualistic and parliamentary forms of government.

In a parliamentary system of government, the government is formed from representatives of a particular party (or several parties) that received the majority of votes in the elections. In this case, the head of state becomes the leader from the party that has greatest number parliamentary seats. The parliamentary form of government is characterized by the monarch's lack of actual power in the judicial, executive and legislative fields. Under such a system, parliament adopts legislative acts, and the head of state formally signs them. The Constitution provides for government responsibility not to the autocrat, but to parliament. This system of government exists, for example, in Denmark, Belgium, and Great Britain.

It has a dual character. Actual and legal are carried out in the government, which is formed by parliament and the monarch.

A republic is a form of government in a state in which elected bodies exercise supreme power. These bodies are elected by the population for a specified period.

The general features of this form of government include:

Presence of a collegial or individual head of state;

Election of the supreme authorities (including the head of state) for a certain period;

Exercising management (power) on behalf of the people, and not at their own discretion;

The binding nature of all decisions of the supreme state power;

The head of state has legal responsibility as provided for by law.

There are parliamentary and presidential forms of government in the state. Both varieties are modern systems authorities.

The leading role in shaping life in the country belongs to parliament. IN presidential uniform government, together with parliamentarism, in the hands of the president, the powers of the government and state head are combined.