FORM OF STATE
Unitary
Federation
Dominion
Ex-British colonization.
Independence but recognize the King of England as their
King.
The British Commonwealth of Nations.
Protectorat
State under protection other state
Colonial Protectorat
can not make international relation
FORM OF GOVERNANCE
Monarchy
Power rested in one person. Lead by the King, Hereditary,
without limitation.
Absolut Monarch
Constitutional Monarch
Oligarchie
Power of the state in few person
Aristocracy
royal person
Plutocracy
Trader, enterpreneur
Autocracy
FORM OF GOVERNMENT
Democracy:
The souveregnity belongs to the people
Vox Populi, Vox Dei
Abraham Lincoln: governemnt from the people, by the
people, for the people .
2 Classification:
Direct Democracy
DEMOCRACY
CF STRONG:
that form of government in which the ruling power of a state is legally vested, not in any particular class or classes, but in the members of a community as a
whole
CHARATERISTIC OF DEMOCRACY
That all should govern in the sense that all should be involved in legislating, in deciding on general policy, in applying laws and in governing administration. That all should be personally involved in crucial decision-making, that is to say,
in deciding general laws and matters of general policy.
That rulers should be accountable to the ruled; they should, in other words, be obliged to justify their actions to the ruled and be removed by the ruled.
That the ruler should be accountable to the representatives of the ruled. That rulers should be chosen by the ruled.
THE RULE OF LAW AND
RECHTSTAAT
THE RULE OF LAW
The supreme of the law and denied the arbiritariness
(legality principle).
Equality before the law, no one above the law.
Guarantee of basic rights and freedom. Constitutional
guarantee is not the source but the consequences.
RECHTSTAAT
Conflict between state and church
Law should be writen and enacted
RECHTSTAAT (Julius Stahl)
The Protection of Human Rights
Distribution of Power
Governance based on law
International Commission of Jurists
Constitutional protection of human rights;
Independent and Impartial Judiciary;
Free and Fair General Election;
Freedom of Expression.
Fredom of Association and opposition.
THE IMPORTANCES OF DEMOCRACY AND
THE RULE OF LAW
To achieve the goal of the state
human rights
To limit the power of the state. Powers tend to
corrupt, absolut powers corrupt absolutly .
How to achieve the goal and limit the power:
Separation/Distribution of power;
Constitutional guarantee of human rights;
THEORETICAL FOUNDATION
Nomocracy
1. Supremacy of the constitution 2. Legality Principly 3. Independent Judiciary 4. Human Rights Protection
Democracy
1. Separation of Power 2. Checks and Balances 3. Public control
People as the souvereign
