2: Forms of State

Question 1

What is the form of State?

Answer 1

The form of State is the relationship between the State (constitutional bodies) and the people.

Question 2

What are the two methods of classifications of the forms of State?

Answer 2

1. Diachronic method

2. Synchronic method

Question 3

What is the feudal system?

Answer 3

• Not properly a form of state
• Exists a relationship between a feudal lord and property of land
• Lacks the idea of pursuing general goals
• Sole aim of the lord was to protect the source of power, the land

Question 4

What is the absolute state?

Answer 4

• (1) Shift of power from feudal lords to kings; (2) shift of power from land to money
• Sovereign power resides with the king
• Exceptions incl. the UK (Magna Carta)
• The move to liberal States can be: gradual, violent, or top-down

Question 5

What is the liberal state, and what are its 7 characteristics?

Answer 5

• Replaces absolute state
• Taxes are introduced
• Created by and represents a sole class, the bourgeoisie

Characteristics:

1. Strong separation between State and society
2. The protection of rights and freedoms
3. The rule of law
4. “Minimum State”
5. Popular or national sovereignty
6. Representative government: Elections; very limited suffrage based on wealth
7. The principle of separation of power

Question 6

What is the democratic pluralistic state, and what are its 3 characterizing features?

Answer 6

• Expanded version of the liberal state
• Expansion in suffrage

Characterizing features:

1. The passage to a multi-class society
2. The creation of mass parties
3. Recognition of 1st and 2nd generation rights

Question 7

What is the welfare state?

Answer 7

• Subcategory of the democratic pluralistic state
• 1st constitution to move towards social and economic rights: Weimar Constitution
• Starting point of this state: The Beveridge Report
• Democratization occurred during sequential waves

Question 8

What are the totalitarian and authoritarian states?

Answer 8

Totalitarian

1. Strong, one-party system that is ideologically-based
2. An official ideology

Authoritarian

1. Weak party system
2. Driven by the lust of power of the individual leader
3. Lack of charisma > lack of a mass party > lack of an official ideology

Question 9

What is the socialist state?

Answer 9

• Targets the bourgeoise
• Constitutional model is based on:
  1. The abolition of private property
  2. The monopoly of the State with regards to the means of production
  3. Proletarian dictatorship
  4. Democratic centralism
  5. Strong central government

Question 10

What is the synchronic method, and what is the 4 element basis for the distinction between the different types of decentralized states?

Answer 10

• Split into (1) Unitary states and (2) Decentralized states

4 elements:

1. Extent of the legislative power exercised by the sub-state entities
2. Existence of a separate branch of the judiciary at sub-state level
3. Presence of a second Chamber of the Parliament that represents the sub-state entities
4. Involvement of sub-state entities in constitutional amendment