Foundations of the Modern Liberal State
The modern liberal state emerged from the old regime, which was primarily the absolutist monarchy. In this form, the king or queen was the sovereign, and their word was law. In the 17th century, a new way of thinking was born: the idea that all members of society constitute the people, and sovereignty resides in the people by law. This new order was founded on law.
Republican traditions are closely associated with the liberal tradition. The principle that the law should be the same for all guarantees freedom in various spheres, allowing individuals to act in any area of practice without undue fear. Even Immanuel Kant explained the basic principles of the modern legal system:
- The Principle of Freedom: All members of society are free (in terms of being human).
- The Principle of Dependence: All members of society depend on a single, common legislation (as subjects).
- The Principle of Equality: All have the same status (as citizens).
This contrasts with the idea that people cannot decide about themselves or that citizens cannot decide which country is sovereign.
Core Principles of Political Liberalism
At the heart of the liberal tradition, particularly political liberalism, is the activity of the individual. Individual freedom of action must be guaranteed by the state, and their rights must be protected by law. Rules must be established for free trade and economic competitiveness. Policy is not intended to seek the good for all in the same way, but rather to protect the fundamental interests that liberalism values.
Essential State Functions
The essential tasks of the liberal state are narrow:
- To protect the life and safety of its members.
- To reduce fear and uncertainty.
- To facilitate trade and ensure the right of peaceful assembly.
- To promote property rights.
Constitutionalism and Preventing Abuse of Power
The seed of the liberal national state is the idea that for liberal democracy to achieve its goals, the state must be constitutional. A constitution, or a set of fundamental rules, must be approved by an equivalent authority (the people or their representatives). Liberalism became connected with the republican tradition.
According to republican tradition, citizens must be equal before the law, and mechanisms must be guaranteed to defend against the abuse of power. Without such guarantees, true freedom cannot exist.
To avoid the abuse of power, Constitutionalism advocates for the separation of powers. The purpose of this separation is for the executive, legislative, and independent judicial branches to participate mutually and control each other. Mechanisms aimed at controlling public authorities include:
- Citizen selection of public officials.
- The right to appeal to a higher instance.
- The institution of the sworn jury in courts of justice.
Universal suffrage, majority rule, and a representative system were seen as the best mechanisms to achieve this when the state of law and the liberal democratic state replaced earlier forms.
The State and Civil Society
Civil Society is understood as a distinct area from the state. The state is the administrative system, while civil society is not subject to the state; it is a set of coordination mechanisms and institutions. The state has become the area of political subjects, while society, citizens, and their activities are often seen as a depoliticized area. Some people think that civil society is essentially trade, while others believe it is a broader system of needs and associations.
Political vs. Economic Liberalism
Liberalism began with the declaration and constitutional guarantees of individual rights. But it soon became a doctrine of economic organization as well. Both aspects are represented:
- Political Liberalism: According to this view, human freedom includes the right to choose one’s religion and to engage in economic and political activities. It emphasizes the limits and controls the state imposes on economic power.
- Economic Liberalism: This view holds that the market is the basic mechanism of social coordination. The state’s role is to support the market, not to determine prices and income distribution directly.