LawState and Law

Democracy and the State

The concept and signs of democracy.

       The term democracy is of Greek origin and it is for certain known that in the Greek translation this concept means "the power of the people". In its most general form, it can be said that democracy offers the principle of equality and freedom of every individual in society and the state, as well as the participation of the people in the political life of the country.

The democratic regime is inherent in those countries that have a high level of development in the social, legal and economic spheres of society. The basic principles of the term in question are based on stability in the state and the rule of law over lawlessness and arbitrariness, corruption and bribery. In addition, one of the main prerequisites for the development of a democratic principle in the country, and as a consequence, the construction of a rule-of-law state, is the diversity of forms of ownership. Thus, it should be understood that recognition of the forms of private property and guarantee of its preservation directly relates to the regime in question in the state. Proceeding from this, one can draw one conclusion - democracy is possible in countries with market economies.

The democratic regime has a number of features that distinguish it from other regimes that exist in some countries at present, or existed earlier, in other states. A number of researchers and specialists dealing with the problems of state and law distinguish the signs inherent exclusively to the above regime. So, to the signs of the democratic regime that determines the construction and further improvement of the rule of law, we can refer:

  1. 1. Recognition of the people as the main legitimate source of power. Thus, the people are rightly considered to be the bearer of three branches of power, that is, legislative, executive and judicial.
  2. 2. Presence of sovereignty. In its most general form, sovereignty is the independence of the state from the effects of other countries within its borders.
  3. 3. Equality of citizens, which is conditioned by the formal legal form and the possibility of their participation in the political and social life of the country.
  4. 4. The existence of the rights and freedoms of a person and citizen, expressly prescribed in the Basic Law of the country. The state, for its part, is obliged to protect civil rights and freedoms.
  5. 5. Implementation of democratic powers through elective authorities.
  6. 6. Pluralism of political opinions and views on this or that situation, which has a significant impact on the country's domestic or foreign policy through a multi-party system in the state.
  7. 7. System of separation of powers.
  8. 8. Openness and freedom of speech.
  9. 9. Direct and open elections.

 

Protect the principles of this regime should democratic institutions, which include the highest organs of the state. Without their active assistance in improving the democratic regime in this or that state, there is a very real possibility of the degeneration of democracy into the power of the crowd. This mode, in a different way, is called ochlocracy. In this sense, the crowd becomes the master of the situation in the state and imposes its will on the highest persons of the state, who are frightened by the powerful influence and aggression of the masses. This regime is inevitably doomed to failure. Thus, the legal regime is certainly not in its ideal model, exists in states that are focused on the observance of the rights and freedoms of their citizens and successfully cope with this process. Proceeding from this, it becomes obvious that democracy exists not only as a category of philosophy, but also as a real political regime. This regime is considered the most acceptable for many states on the world stage.

 

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