Legitimacy and legality of government

Power - a complex, multifaceted phenomenon, which manifests itself in different organizational forms, methods and ways of its implementation, the system of relationships, goals and so on

In legal literature, some authors consider power as a function inherent in any collective, society, other researchers - as a willful attitude (vlasteotnoshenij) rulers and ruled subjects, and still others - like the ability to ruling (manager) to impose their will on others; fourth - as an organized force capable to subordinate to the will of a particular social community of other people.

The power is also understood as the management of coercion. Finally, often under the rule refers to the government or its authorities exercising power.

In our view, a social power can be understood as a community of people of all the inherent relation of domination and subordination between the subjects, based on coercion.

Social power is inseparable from any organized, more or less stable and focused community of people. It is inherent in the genus, and tribe, and family and social organization, and the party and the state, and society in general, etc. This is - the most important means of functioning of social structures and institutions, an essential element of any organization of social life.

The power gives the public integrity, manageability, is the most important factor of organization and order. In other words, it is a backbone element providing social vitality. Under the influence of the social relations of power are focused, take on the character-driven and controlled communications, and joint lives of the people is organized and orderly.

The need for social power in communities stems from a joint conscious social activity that involves the division of labor, the regulation of behavior, establishing a hierarchy, of the order of human relations in the community and groups together.

Social power is always contains an element of coercion. Forms of coercion, as well as ways of "appropriation" of the will of others, diverse, and therefore a lot of different kinds of power for a variety of reasons divide: economic, military, ideological, religious, corporate, public and private, the power of the organization voluntarily entered into her members etc..

State power is a special kind of social power. In the literature, the different categories is the ratio of "state power" and "political power."

According to one view, the government - a narrower category than political power, because the latter is not only the state, but also other parts of the political system of society: local governments, parties, political movements, civil society organizations, etc. Thus, in accordance with the Constitution of the Russian Federation, bodies of local self-government are not included in the system of state authorities, although exercise authority (articles. 3, 12, Sec. 8).

However, if a public authority acting on behalf of the whole society, the political - often from any part of it or a social group, which is a subject of political dominion. In contrast to the political power, the government has its characteristic three main branches - legislative, executive and judicial prerogatives of the relevant (Article 10 of the Constitution). In other words, just as the political system of society can not be reduced to the state and political power can not be equated with the power of the state.

According to another point of view, the concept of "political power" is the same category of "public authority" as a political power comes from the state and not realized except through him (direct or indirect) participation, resolution, etc.

The state power - is publicly-political attitude of domination and subordination between the subjects, based on state coercion.

Such power is exercised by the function associated with the leadership, management and coordination of voluntary actions of people. State power leads to the establishment of such a relationship in which she appears as the supreme authority, voluntarily or involuntarily recognized by all members of the social community that has developed in the area.

Authoritative guidance includes, on the one hand, the possibility of power to the carriers to determine the behavior of the people on the other - the need to make its subservient behavior imperious command. Submission - as a result of persuasion and coercion. The authorities have the power to subdue. The loss of this quality causes paralysis with all the ensuing consequences.

State Power:

1) applies to the whole of society (it is the only authority that is relevant to all persons residing in the country, is universally valid);

2) is publicly-political nature (designed to perform public functions, to solve the general case, organize the process of meeting various interests);

3) is based on state coercion (has the right to use force when necessary to fulfill a legitimate and fair use);

4) is carried out by special persons (officials, politicians, etc.);

5) establish a system of taxes;

6) organize people on a territorial basis;

7) is characterized by the legitimacy and legality.

Legitimacy and legality of the government - have no match.

If legality is the legal justification of power, its compliance with legal requirements, is in favor of its legal response, the legitimacy - that trust and justification of power, it appears that the moral characteristics. Any government that publishes laws, even unpopular, but to enforce them - legally, at the same time it can be illegitimate, not accepted by the people.

At all times, a continuing concern of the ruling elite is the legitimation of its power and politics, that is, ensure their recognition and approval from subordinates. To achieve its gain public support, they seek to influence the minds of people by all means - ideological, scientific, legal, moral, emotional, psychological, etc.

The degree of legitimacy of the state can be judged by the level of coercion necessary to perform a particular policy in the society, in quantitative and qualitative analysis attempts to overthrow the rulers, the social tension force displays of civil disobedience, riots, rebellions and the like, according to the results elections, in mass demonstrations, the sudden display of support or, on the contrary, opposition to the existing

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Constitutional law

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