Political Power: Origin, Legitimacy, and State Forms
Origin and Legitimacy of Political Power
1. The State
Some features of the state include:
- Territorial Power: The power of the State extends to the whole area demarcating their borders.
- Sovereignty: At the state level, there is no higher authority to which the State must submit.
- Maintaining Order: The state has other functions, but this is the main one.
Civil Society: The set of institutions and associations that do not belong to the state but have public relevance. Democracy and a healthy civil society are essential, as it is the mouthpiece of what society wants and can exercise control of the state.
Theory on the Origin of the State
When asked if the State is necessary for human sociability, there may be two answers:
- Not Necessary: A position advocated by anarchism, which says the state is not required to maintain social order; it requires only a free and egalitarian community.
- Necessary: For the majority of thinkers, the state is essential because it limits and controls violence and promotes the common good. Some authors also argue that the state is the result of an agreement or contract of society to ensure equality and respect, which is known as the social contract.
Forms of the State Government
Government can take different forms:
- Authoritarian State: Authority is unlimited; nothing prevents or controls it. There are two distinct types:
- Absolute: Characteristic of the beginning of the modern age, all power is concentrated in the sovereign.
- Totalitarian: In addition to political power, the state also controls the non-state bodies, civil society, and even private life.
- State of Law: It is one in which state authority is subject to the rule of law. These are characterized by a constitution, which regulates the entire functioning of the state, and a division of state powers (legislative, executive, and judicial).
The Constitution
The Constitution is the highest law regulating the functioning and structure of the rule of law.
Other Mechanisms
Other mechanisms that guarantee the existence of a just state include the division of powers. It consists of three types (legislative, judicial, and executive) in distinct and separate hands.
- Social State of Law: This state form, in addition to being fair and satisfactory to the citizens, must address shortcomings and inequalities generated by the system, ensuring the welfare of individuals.
2. State Legitimacy
2.1. Concept of Legitimacy
Legitimacy is to test, legitimize, or justify the truth of something or someone or something acting under the laws.
- Authority: The right to send or direct. Therefore, it is synonymous with power accountable. http://www.xuletas.es/ficha/la-legitimacion-del- power-and-the-law-2/
2.2. Forms of Legitimation
Throughout history, there have been many legitimate forms of power:
- Traditional: Based on irrational arguments, such as beliefs, religions, and so on.
- Charismatic: Power is legitimized by the charisma of a leader, capable of mobilizing the population. It is typical of revolutionary movements or abrupt social transformations.
- Rational-Legal: The power is legitimized by the law, which emanates from the popular will. It is characteristic of democratic societies.