Form government - this is an element of the form of the state that characterizes the organization of the supreme state power, the order of formation of its bodies and their relationship with the population. Depending on the position of the head of state, forms of government are divided into monarchies and republics.

Monarchy

Monarchy is a form of government where the highest state power belongs to the sole head of state - the monarch, who occupies the throne by inheritance and is not responsible to the population.

Distinctive features of the monarchy:

The sole head of state is the monarch, who receives his power by inheritance;

The monarch is legally irresponsible (it is impossible to remove the monarch from power).

Types of monarchies:

Absolute monarchy (unlimited)- a state in which the monarch is the only supreme body in the country and all the fullness of state power is concentrated in his hands (Saudi Arabia, Oman). A special type is the theocratic monarchy (Vatican City).

Limited monarchy- a state in which, in addition to the monarch, there are other bodies of state power that are not accountable to him, and state power is dispersed among all the highest authorities, the power of the monarch is limited on the basis of a special act (Constitution) or tradition. In turn, a limited monarchy is divided into:

Estate-representative monarchy is a monarchy in which the power of the monarch is limited based on the tradition of forming bodies based on the criterion of belonging to a particular estate (Zemsky Sobor in Russia, Cortes in Spain) and playing the role, as a rule, of an advisory body. Currently, there are no such monarchies in the world.

Constitutional monarchy is a monarchy in which the power of the monarch is limited on the basis of a special act (the Constitution), where there is another supreme authority formed through the election of representatives of the people (parliament). In turn, the constitutional monarchy is divided into:

A dualistic monarchy is a state in which the monarch has full executive power and also has some legislative and judicial powers. A representative body in such a state exists and carries out legislative functions, but the monarch can impose an absolute veto on adopted acts and, at his discretion, dissolve the representative body (Jordan, Morocco).

A parliamentary monarchy is a state in which the monarch is only a tribute to tradition and does not have any significant powers. The government structure in such a monarchy is based on the principle of separation of powers (Great Britain, Japan, Denmark).

Republic

A republic is a form of government in which the highest bodies of state power are elected by the people or are formed by special representative institutions for a certain period of time and are fully responsible to the voters.

Distinctive features republican form board:

There are always several supreme authorities, and the powers between them are divided in such a way that one body is independent of the other (the principle of separation of powers);

The head of state is the President, who exercises his power on behalf of the people;

The highest authorities and officials bear responsibility to the population, which can be expressed in the following:

they are elected for a certain period, after which their powers may not be renewed;

early termination of powers is possible.

Types of republics:

Republics differ mainly in which of the authorities - the parliament or the president - forms the government and directs its work, as well as to which of these the government is responsible.

A presidential republic is a state in which, along with parliamentarism, the powers of the head of state and the head of government are simultaneously combined in the hands of the president. The government is formed and dissolved directly by the president himself, while parliament cannot exert any significant influence on the government - here the principle of separation of powers is most fully revealed (USA, Ecuador).

Parliamentary republic is a state in which the supreme role in the organization state life belongs to parliament. Parliament forms the government and has the right to dismiss it at any time. The president in such a state does not have any significant powers (Israel, Greece, Germany).

Mixed republic - in states with this form of government, strong presidential power is simultaneously combined with the presence effective measures on parliamentary control over the activities of the executive branch represented by the government, which is formed by the president with the mandatory participation of parliament. Thus, the government is responsible simultaneously to both the president and the parliament of the country (Ukraine, Portugal, France).

Bibliographic description:

Nesterova I.A. Forms of government [Electronic resource] // Educational encyclopedia website

In modern law, there is a clear division of countries according to forms of government. Both the monarchy and the republic have their own characteristics and require close attention from legal scholars and political scientists. Each form of government has pros and cons and affects the development of society.

Concept of form of government

The concept of a form of government is unthinkable without understanding that it is a conservative institution that is very difficult to change. The interpretation of the term “form of government” has occupied minds for decades.

The interpretation presented by V.E. Chirkin is generally accepted: “The form of government is an element of the form of the state that determines the system of organization of the highest bodies of state power, the procedure for their formation, terms of activity and competence, as well as the procedure for the interaction of these bodies with each other and with the population , and the degree of participation of the population in their formation."

The form of government is not the same as the form government system. These are two different concepts. The form of government can be considered in a narrow and broad sense:

• In a broad sense, a form of government is the organization of the highest organs of state power;
• In a narrow sense, a form of government is a method of organization and interaction of all organs of the state.

In history, there are two forms of government: monarchy and republic. IN different periods development of society existed certain types monarchies and republics, determined by the evolutionary development of a particular state. Each type of monarchy or republic represents the evolution of a particular form of government from simple to complex.

To understand the essence of the form of government as a legal phenomenon, it is necessary to study the characteristics of each type separately and highlight the pros and cons for the development of society and law.

Monarchy

You can read about monarchy as a form of government in Sumerian tablets, Egyptian papyri or ancient Indian scrolls. The monarchy is depicted in the Old and New Testaments; the monarchy is also mentioned in other religions, which speaks of antiquity and resistance to evolutionary trends.

Monarchy is a form of government in which the supreme state power is exercised individually, it is for life, inherited and does not provide for responsibility to the population

Today there are many countries where the monarchy has been preserved. For example, Great Britain is considered a constitutional monarchy. In the land of fogs, the royal family is a symbol and national pride. Formally, the queen does not make any government decisions. However, there has long been an opinion that not a single important event for the country takes place without the behind-the-scenes intervention of royalty.

Separately, we should list all states where there is an absolute monarchy. These countries have maintained a strict hierarchy in society. The life of citizens and the development of the country largely depend on the monarch.

Countries with an absolute monarchy are mostly Muslim countries with deep and rigid religious traditions.

Absolute monarchies as of 2018 include:

1. Qatar
2. Brunei
3. Saudi Arabia
4. United Arab Emirates
5. Vatican
6. Swaziland

As an example of the polity of a state with an absolute monarchy, consider the African state of Swaziland. This country is located in southern Africa. The state has no constitution. Several laws similar in functional features to constitutional, regulate important spheres of social life.

Flag of the Kingdom of Swaziland

The sole ruler of the Kingdom of Swaziland is King Mswati III. He is vested with executive powers and appoints ministers and the prime minister. Executive power is concentrated in the hands of the king. He has the power to appoint several of his representatives to each of the houses of parliament. The Parliament in the Kingdom of Swaziland plays the role of an advisory body to the reigning monarch. The Supreme Commander of the army is the King of Swaziland. He also controls the Royal Police, which is responsible for maintaining order within the country.

Monarchy is the oldest form of government. It appeared before our era and still exists in a number of states. The monarchy has experienced evolution and the breakdown of traditional authoritarian foundations, but at the same time, it has retained the role of the monarch as a key figure in the state.

Republican form of government

In modern legal science The republican form of government is considered more progressive and promising. It is believed that republics are more democratic and aimed at developing the institution civil society than monarchies. This statement is controversial, but has a right to exist.

Republic is a form of government in which the supreme state power belongs to elected bodies elected by the population for a certain term and responsible to voters.

Signs of a republican form of government

Republic originated in the era of antiquity. Later, the republic broke through dense feudalism into Europe through revolutions. During the period of feudalism, the republican form of government was not widespread and existed in large trading city-states. The most famous cities of the republics are Venice, Genoa, Lubeck, Novgorod and Pskov.

The most significant event in the process of formation of the republic as a key form of government was the Great French Revolution. The beginning of the revolution was marked by the capture of the Bastille on July 14, 1789, and historians consider the end of the revolution to be November 9, 1799. During bloody unrest and a series of uprisings in France, the monarch was overthrown. Many books have been written, films have been made, and games have been made about the cruelty of the revolutionaries of that time. Robespierre's senseless atrocities are believed to be justified as a result of the revolution. However, controversy on this issue continues to this day.

C, presidential and mixed republics. Before turning to the characteristics of each type of republic, it is necessary to highlight the interpretations of each type of republic.

According to Safonov E.V. presidential republic represents a form of government “in which the highest official in the state is the president, vested with real powers of authority and combining in his hands the functions of the head of state and head of government.”

In science, constitutional law is under parliamentary republic is understood as a form of government in which the key role in managing the affairs of the state belongs to the parliament, and the president performs formal functions.

Mixed Republic or a presidential-parliamentary republic is a form of government in which there is a balance between the president and parliament.

Features of different types of republics

	Republic view	Peculiarities
	Presidential Republic	The president is elected not by parliament, but by the people. The President determines the directions of both foreign and domestic policy of the state. The president can dissolve parliament.
	Parliamentary republic	The main functions of governing the state are assigned to parliament. Parliament does not report to the president. The government in such a republic is formed through parliamentary means and is responsible to parliament.
	Mixed Republic	The President and Parliament are elected by popular vote The legislature and the head of state are vested with almost equal powers in governing the country. The government is subordinate to the president, but reports to parliament and is responsible to the president. The role of the prime minister is to carry out management instructions from the president. The presence of a “checks and balances” mechanism.	Russian Federation Republic of Belarus

IN various states There are certain requirements for presidential candidates: from age requirements to religious preferences. Thus, in Venezuela the president must not be younger than 30 years old, and in France and the USA - 45 years old. In Algeria, Sudan, Tunisia, and Pakistan, only a person professing the state religion can be elected to the post of president. In the Philippines, a presidential candidate must be able to read and write in state language. In Nigeria, the candidate must have an average, and in Turkey - higher education. There are a number of other conditions. For example, in Iran, a candidate for the presidency must be honest and have the organizational skills necessary for leadership.

Unconventional forms of government

Under the influence of various external and internal factors transformation is taking place in a number of states traditional forms board. Which leads to the emergence of mixed types of government, for example, a republican monarchy. Elections for a new monarch are usually held when a dynasty ends. At the same time, in modern conditions There are monarchs where the head of state is not lifelong or hereditary, but is re-elected after a certain period of time. Such a system exists in Malaysia and the United States United Arab Emirates, peculiar federal elective monarchies. In each of these states, the head of state is re-elected every 5 years. This brings the head of state - the monarch - closer to the president, and the monarchical form of government to the republican one. However, both states remain monarchies, because any citizen who meets the electoral qualifications and requirements for president cannot be elected head of state.

In Malaysia, 9 of the 13 federal subjects are headed by hereditary sultans (government in the other four is organized differently), and only these 9 form the Council of Rulers, which elects the head of state once every 5 years. In Malaysia, the Council of Rulers does not have power, and the power of the monarch is also significantly limited. Malaysia is a parliamentary monarchy.

A no less interesting non-traditional form of government is a super-presidential republic. This form rule is common in Latin American countries. A super-presidential republic is characterized by the following:

• high degree of centralization of the state apparatus;
• hypertrophied development of the institution of a state of emergency or state of siege;
• the important role of the army in political life;
• the predominance of violent methods of achieving power.

Literature

1. Chirkin, V. E. State Studies - M.: Lawyer, 2009
2. Safonov, V. E. Constitutional law foreign countries. – M.: Yurayt Publishing House, 2013

Concept "form of government"(or simply “form of government”) answers the question of who “rules” in the state, that is, who exercises the highest (supreme) power in it.

There are two approaches to understanding the form of government: narrow - according to which the form of government is understood only as the position of the head of state, wide - the form of government, among other things, also includes the political environment. As a result, in legal science the form of government is understood as something in between.

Form of government is an outwardly expressed institutional and functional characteristic of the structure of state power, the procedure for its acquisition and implementation, the mechanism of legal restrictions and division of power.

TO characteristics of the form of government should include:

1. The structure of the highest bodies of state power (their composition, competence, principles of interaction);

2. The nature of the relationship between the highest state authorities and other state bodies and with the population;

3. Responsibility of government authorities;

4. The procedure for formation and shift;

5. The degree of participation of the population in the formation.

In jurisprudence, it is customary to consider two forms of government - monarchy and republic.

Monarchy- autocracy (from the Greek “monos” - one and “arche” - power, that is, “monoarchy”) - a form of government according to which the monarch (pharaoh, king, czar, sultan, etc.) is the sole head of state uniting all power in his own hands, unlimited in time, passing it on by inheritance, and responsible before God for his actions of power.

Signs of the monarchical form government:

1. The existence of a sovereign bearer of supreme state power;

2. The method of transfer of power is hereditary;

3. Lifelong ownership of power by the monarch;

4. The power of the monarch is acquired “by the grace of God,” i.e. comes from God;

5. The monarch does not bear legal responsibility for his actions as the head of state (according to the Military Regulations of Peter I, the sovereign is “an autocratic monarch who should not give an answer to anyone in the world about his affairs”).

IN beginning of XXI centuries for globe There are about 30 states with a monarchical form of government, most of which are constitutional. At the same time, there is a worldwide trend towards a reduction in monarchies, while in states that have retained such a structure, there is active limitation rights of the monarch.

From a historical perspective monarchies can be divided into ancient eastern - eastern despotism based on the Asian method of production (Babylon, India, Egypt), slaveholding antique(for example, the ancient Roman monarchy), feudal(early feudal, class-representative, absolute).

Monarchies are also distinguished according to the principles of inheritance of power:

Dynastic monarchy In such a monarchy, a strictly dynastic principle operates, according to which the throne is passed on from father to son, but can also be passed on, for example, from brother to brother. It was invented by Western European feudalism and then spread to other parts of the world, although it may have developed independently in Islamic countries.

Tribal monarchy much more often than strict succession to the throne, the principle of belonging to the royal family operated in monarchies. Those. the king had to come from a royal family, but this did not mean that he automatically inherited the throne.

Elective monarchy represents the most ancient principle of acquiring royal power - its prototype is the elected military leaders or high priests. Byzantium, for example, was an elective monarchy, as was the Holy Roman Empire. It must be remembered that the people chose not so much the king as the royal family, and these events occurred solely because the previous dynasty was interrupted.

From the point of view of the complete power of the monarch, the following types of monarchy can be distinguished: unlimited And limited. At the same time, traditionally, unlimited absolute. In our opinion, the identification of unlimited and absolute monarchies is erroneous. Firstly, as a form of government, absolute monarchies arise as a consequence of tendencies towards a centralized, unified system of state power that have intensified as a result of the crisis of feudal relations. This means that absolutism as a legal phenomenon arose relatively recently, in the 16th–17th centuries. (but monarchies have existed since much earlier times). Secondly, absolute monarchies (such as absolutism, which existed in the 17th century in Russia) symbolized primarily not the “omnipotence” of the sovereign (this is more typical of early, primitive forms of monarchical statehood - eastern despotism), but rather unity and strength states. By the way, the powers of the monarch himself in conditions absolute monarchy(especially in the economic sphere) were often quite seriously limited. It appears that unlimited can be considered monarchies in which the sources of supreme state power are individually determined individuals. With such an approach, the already mentioned ancient monarchies (oriental despotisms), which were characterized by a social structure headed by a monarch (pharaoh) and including slaves as objects of governance, can be classified as unlimited. At the same time, the slave’s place in the social hierarchy and his very life depended entirely on the will of the pharaoh. In addition, unlimited monarchies may include various types theocracies in which the monarch combines the powers of the head of secular and spiritual power. As a form of unlimited monarchy, theocracies have survived to the present day in a number of Arabian states (Bahrain, Oman).

IN limited monarchies the power of the monarch is limited by an elected body - parliament or a special legal act– the constitution. In most limited monarchies, there is a combination of both ways of limiting the power of the monarch - the constitution and parliament. Monarchies limited in this way are usually called constitutional (parliamentary) and dualistic.

Constitutional (parliamentary) monarchy characterized by the following main features:

1. The government is formed from representatives of the parties that received a majority in parliamentary elections;

2. The leader of the party that received the majority of parliamentary seats becomes the head of government;

3. The power of the monarch is symbolic, he “reigns” but does not rule;

4. The government is accountable in its activities to parliament.

One of the signs of a parliamentary monarchy is the adoption of legislative acts by parliament and their signing by the monarch. However, in our opinion, this prerogative of the monarch, like most of his other powers, is of a formal nature. Due to established political practice and constitutional customs, the monarch, as a rule, does not refuse to sign bills passed by parliament. In this regard, it is more appropriate to include among the signs of this form of government the presence of the institution of countersignature, which assumes that the monarch’s signature on a document is symbolic in nature. The monarch, as the formal head of state, only seals the document, already signed by the authorized official who led the preparation of this document and bears full responsibility for it.

The majority of monarchical states are currently constitutional (parliamentary) monarchies: Great Britain, Spain, Denmark, the Netherlands, Belgium, Sweden, Japan, Thailand, etc. It should be borne in mind that, in accordance with the constitutions of these countries, the functional powers of monarchs as heads states differ in socio-political significance. For example, monarchs in Japan, Sweden, Norway and some other countries are deprived of any independent powers, remaining in most cases only a symbol of the unity of the nation. In other countries, the monarch not only formally certifies the appointment of the government, but also plays a certain independent role, for example, by appointing the formator of the government (Spain). Moreover, if the formator’s attempt to form a government is unsuccessful, the monarch can replace him with another candidate. The “enhanced” status of the monarch is characteristic of those countries where several parties are represented in parliament, none of which has an absolute majority, or the parties cannot form a majority coalition. In such conditions, the monarch can create a short-term minority government, the purpose of which is only to organize the elections of a new parliament.

It is also quite reasonable, in our opinion, to highlight dualistic monarchy as the original form of limited (constitutional) monarchy. This form of government is characterized the following signs:

1. Along with the legal and actual independence of the monarch, there are representative bodies with legislative and control functions (parliament);

2. Executive power belongs to the monarch, who exercises it directly or through a government accountable to him;

3. The monarch, although he does not legislate, is endowed with the right of absolute veto, that is, he has the right to approve or not approve laws adopted by representative bodies.

Dualistic monarchies were, for example, Germany in the period from 1871 to 1918 and Japan from late XIX V. to 1945. At present, classical dualistic monarchies do not exist, although with a certain degree of convention modern monarchies in Jordan, Morocco, and Nepal can be classified as dualistic.

Monarchy is a very flexible and viable form of government, with a centuries-old history and traditions, which undoubtedly has a number of both negative and positive qualities that have not lost their significance in modern times. Monarchical sentiments are not alien to modern Russia. On its territory there are various public organizations, positioning themselves as monarchical and calling for its restoration within the entire state.

Republic(from the Latin “res publica” - public matter, nationwide) - a form of government in which the highest state power is exercised by collegial elected bodies elected by the population for a certain term.

The republic is characterized by following signs:

1. Election of the highest bodies of state power and their collegial (collective) nature;

2. The presence of an elected head of state;

3. Election of bodies of supreme state power for a certain period;

4. The derivative of state power from the sovereignty of the people: “res publica est res populi” (“the state is a matter of the whole people”);

5. Legal responsibility of the head of state for decisions made;

6. Possibility of early termination of power.

As modern forms republican government is being considered presidential And parliamentary republics.

Presidential republics(USA, Argentina, Mexico, Philippines, etc.) are characterized by the concentration of the greatest amount of power in the head of state - the president.

Signs of a presidential republic:

– the president is elected through popular elections and is thus independent of parliament;

– the president either directly heads the executive branch and forms the government, or appoints the chairman of the government (prime minister) and approves the composition of the government represented by the prime minister;

– the government is responsible to the president and acts during the presidential term;

– the president has the sole right to dismiss the government;

– relations between the president and parliament are built on the principle of separation of powers and are based on a system of checks and balances.

Parliamentary republics(Italy, Germany, Finland, Turkey, Hungary, India, etc.) are characterized by a strong legislative branch (the concentration of the greatest powers in the parliament) and subordination of the executive branch to it. As a rule, in a parliamentary republic the president does not have the right to veto laws, hold a referendum, or declare a state of emergency.

Signs of a parliamentary republic:

– the president is elected from among members of parliament or by a special parliamentary commission, as in Germany;

– the government is formed from members of parliament and is headed by the leader of the party of the parliamentary majority;

– the government is responsible to parliament and acts during the term of office of parliament;

– in the event of a declaration of “no confidence in the government” by parliament, the president is obliged to make a decision on the resignation of the government;

– the actions and decisions of the president must be coordinated with the government.

The legal literature notes both the advantages and disadvantages of both types of republics. The advantages of a presidential republic usually include its stability and greater efficiency, since the president, having broad powers, largely determines the policy of the state, and managerial influence is more targeted, since it comes from the center. The main disadvantage of such a republic is the excessive concentration of power in the hands of one person - the president, and hence the possibility of its abuse, which can lead to a cult of personality and the transformation of the republic into a super-presidential one, when representative bodies practically lose their significance.

A parliamentary republic is considered more democratic, since the government is formed by a collegial body - the parliament, and not by one person, as in a presidential republic, therefore there are no objective prerequisites for the concentration of power in one hand. The main disadvantage of a parliamentary republic is that with a multi-party system and the procedure for appointing government, frequent government crises are possible.

Some states use the form of government in the form mixed republic with elements of presidential and parliamentary republics. Such a republic is distinguished by the fact that, along with a strong president, who can also be the head of the government, the parliament also participates in the formation of the government, for example, it approves ministerial candidates nominated by the president. At the same time, the government is responsible both to the president and to parliament.

The history of the formation of the republican form of government also knows such varieties as democratic(Athens Democratic Republic) and aristocratic(Spartan, Roman). There were also feudal city-republics, which, as a result of strengthening their power, moved from city self-government to state sovereignty. Such city-republics were Florence, Venice, Genoa - in Italy, Novgorod and Pskov - in Russia. There were also free cities in Germany, France, and England.

The form of government of a totalitarian state is called a “perverted form of republic” or a “partocratic” republic, which has all the features of a totalitarian organization.

Forms of government determine the structure of the highest authorities, the order in accordance with which they are formed, the competence and period of activity. At the same time, they establish the method of interaction of institutions with each other and with citizens, as well as the degree of participation of the population in their creation. Let us consider further the concept of “form of government” in more detail.

Theoretical aspects

In a narrow sense, the main forms of government represent the actual organization of the highest authorities. Simply put, these are the ways through which a system is formed. In a broad sense, these are methods of organization and interaction of all institutions of power. Forms of government should not be confused with the way the state is structured and the political regime in the country. These characteristics relate to different aspects, but at the same time complement each other.

The meaning of the form of government

This element shows exactly how the highest institutions of power in the country are created and what their structure is. The form of government reflects the principles that underlie the process of interaction between government agencies. It shows the way of building relationships between ordinary citizens and the supreme authorities, to what extent the realization of the rights and freedoms of the population is ensured.

System development

The form of government is the oldest element that began to be studied back in the days Ancient Greece. At different periods of history this term had different meanings. For example, in the era of an agrarian society, the essence of the form of government consisted only in determining the method of replacing the head of the country - through elections or in the order of inheritance. During the decomposition of feudalism and the transition to industrialization, accompanied by the weakening of royal power, the formation and strengthening of civil representation, the system began to develop. Gradually, it was not the method of transferring power that acquired greater importance, but the method of organizing interaction between the head of the country, the government, and parliament, and the mutual balancing of their powers.

Determination criteria

The form of government is characterized by the following features:

• The method of transfer of power is elective or hereditary.
• Responsibility of the highest institutions of government to citizens. For example, the monarchical form of government does not provide it for the autocrat (unlike the republican one).
• Division of powers between the highest government institutions.

Basic forms of government

There are several types of government organization:

A republic, in turn, can be:

• Presidential.
• Parliamentary.
• Mixed.

Monarchy is of the following types:

• Parliamentary.
• Dualistic.
• Constitutional.
• Estate-representative.
• Limited.
• Absolute.

Mixed forms of government:

Republic

This form of government is characterized by a special procedure for the formation of government. The authorized institution, depending on the type of republic, may be the president or parliament. The forming body coordinates the work of the government. It, in turn, is responsible to the higher institution. In a presidential republic, along with parliamentarism, the powers of the chairman of the government are in the hands of the head.

The president convenes and dissolves the government. The existing parliament cannot exert any significant influence in this regard. This form exists in Ecuador, USA. In a parliamentary republic, the president is not vested with any powers. This form exists in Greece, Israel, Germany. Parliament convenes the government and has the right to dissolve it at any time. In a mixed republic, the presidency acts jointly with the parliament. The latter has the power to control the functioning of the government. Such a system operates in the Russian Federation.

Autocracy

A state where the monarch acts as the only supreme body is called an absolute monarchy. Such a system is present in Qatar, Oman, Saudi Arabia. A limited monarchy is one in which, in addition to the autocrat, there are other institutions that are not accountable to him. Power is distributed among the highest authorities. This system, in turn, comes in two types.

An estate-representative monarchy is characterized by the fact that the monarch’s powers are limited by the tradition of the formation of organs according to the criterion of belonging to a particular estate. In Russia it was the Zemsky Sobor, for example.

In a constitutional monarchy, the power of the autocrat is limited by a special act. It, in turn, is divided into dualistic and parliamentary. The first assumes that the monarch has all executive power, part of the legislative initiative and judicial powers. In such systems, there is a representative body that makes laws. But the monarch has the right to veto them. This system is typical for Morocco and Jordan. In a parliamentary monarchy, the autocrat acts as a tribute to tradition. He is not vested with any significant powers. This system operates in Japan and Great Britain.

Theocratic republic

This form of government combines the main features of the Islamic Caliphate and the modern republican regime. According to the constitution, Rahbar is appointed as the head of the country. He is not elected by the citizens. His appointment is carried out by a special religious council. Influential theologians are present. The president serves as the head of the executive branch. The legislative institution is headed by parliament, consisting of one chamber. The candidacies of the president, deputies of the Mejlis, and members of the government are approved by the Council of Guardians of the Basic Law. It also reviews draft legislation for consistency with Islamic law.

The form of government is the organization of the highest bodies of state power, their structure, the order of formation, the distribution of competence and relationships with the population.

Aristotle also tried to develop a classification of states based on the criterion of the form of government. He identified several forms of government: republic, monarchy, despotism, basing the classification on the methods of formation of state bodies, their relationship, and methods of exercising state power. Currently modern theory State and law can offer a deeper and more substantiated understanding of the form of government as one of the main characteristics of the structure of the state, give a more balanced classification of these forms, and outline a more realistic forecast of their development. It is no less important to take into account those factors that were previously excluded from the scope of scientific consideration: historical traditions, national psychology, religiosity, etc.

There are two main forms of government - monarchical And republican.

Monarchical form of government - (Greek monarchia - autocracy) - a very ancient form of government. In this form of government, supreme power is exercised individually and is inherited.

The main features of the classical monarchical form of government are:

the existence of a sole head of state who exercises his power for life (king, king, emperor, shah, Caesar, pharaoh);

hereditary order of succession of supreme power;

representation of the state by the monarch at his own discretion;

legal irresponsibility of the monarch;

the monarch is not elected by the people;

the monarch cannot be forcibly removed from office (except by a revolutionary coup);

legal irresponsibility and independence of the monarch, which is emphasized by the institution of countersignature (the procedure in which laws approved by the monarch are subject to mandatory certification by the signature of the prime minister (less often one of the ministers) responsible for the implementation of this law.)

The monarchical form of government arose during the slave system and continued to develop over time, maintaining its traditional features.

Absolute Monarchy is a form of government in which all supreme state power by law belongs to one person - the king, czar, pharaoh, emperor. According to the Lawyer Hammurabi, all power - legislative, judicial and executive - belonged to the king, who was the governor and servant of God on earth. According to the Military Regulations of Peter I, the sovereign is “an autocratic monarch who should not give an answer to anyone in the world about his affairs” See: Titov Yu.P. “Anthology on the history of state and law of Russia”, M: Prospekt, 2000, p.169. Thus, the main feature of an absolute monarchical form of government is the absence of any government agencies(parliament, congress, federal assembly or states general), limiting the powers of the monarch, where the will of the monarch is the source of law and law. Also, in an absolute monarchy there is no constitution and separation of powers, and the presence of a standing army led by a monarch. Currently, some monarchies in the Middle East (Saudi Arabia and Oman) are considered absolute.

Limited monarchy is a form of monarchy in which the power of the monarch is limited by a representative body, i.e. in England it is Parliament, in France it is the National Assembly. A peculiar duality of state power arises, which was expressed in the fact that although the monarch was legally and actually independent of parliament in the sphere of executive power, at the same time he was often forced to reckon with the activities of parliament. He appointed a government that was responsible to him, but the activities of this government could be discussed and criticized in parliament. The monarch had a strong influence on parliament: he could veto its laws, had the right to appoint deputies to the upper house, and could dissolve parliament. However, a representative institution under a monarchy acquires control functions and acts as a legislative advisory body with which the monarch is forced to reckon. There are varieties of limited monarchy: parliamentary(constitutional) and dualistic.

Parliamentary(constitutional) monarchy is a form of monarchy in which the power of the monarch is limited in the legislative sphere by parliament, and in the executive sphere by the government. In a parliamentary monarchy, the king has no real power and does not interfere in state politics. This does not mean that the king does not play any role in the state. His powers, which traditionally belong to the head of state (declaring a state of emergency and martial law, the right to declare war and make peace, etc.), are sometimes called “sleeping”, since the monarch can use them in a situation of a threat to the existing state (Spain, 1981) .

This form of monarchy is also called constitutional because the power of the monarch can also be limited by the constitution. For example, according to the constitution Japanese Empire In 1889, the power of the emperor was limited to the Imperial Parliament, which considered, approved and adopted bills proposed by the emperor. Thus, in a constitutional monarchy, all acts emanating from the monarch acquire legal force if they are approved by parliament and are based on the constitution, that is, they cannot contradict the constitution. The monarch in a constitutional monarchy plays mainly a representative role, is a kind of symbol, decorum, representative of the nation, people, state. He reigns, but does not rule.

Parliamentary(constitutional) monarchy is distinguished by essential features:

parliament is elected by the people;

the government is formed from representatives of a certain party (or parties) that received a majority of votes in parliamentary elections;

the leader of the party with the largest number of parliamentary seats becomes the head of state (the Prime Minister in Great Britain actually rules the country);

in the spheres of legislative, executive and judicial power of the monarch is virtually absent, it is symbolic;

legislation is passed by parliament and formally signed by the monarch;

the government, according to the constitution, is responsible not to the monarch, but to parliament;

Only in some parliamentary monarchies does the monarch have real levers of government (dissolves parliament, is the head of the judiciary, and the head of the church - Great Britain).

At present, almost all European monarchs are parliamentary monarchies: Great Britain, Sweden, Spain, Belgium, Holland, Denmark, Norway, Japan and others.

Dualistic Monarchy is an intermediate, transitional option from absolute to parliamentary monarchy. In a dualistic monarchy, the division of power occurs formally legally between the monarch and parliament. That is, only parliament makes laws, and the country is governed by the monarch through a government appointed by him and responsible only to him. If in a parliamentary monarchy the monarch is deprived of legislative and executive power, then in a dualistic monarchy only legislative power.

The dualistic monarchy has become the embodiment of a compromise, where the monarch expresses the interests of the feudal lords (nobility), and the parliament represents the interests of the bourgeoisie and, to a certain extent, other segments of the population (most often the “third estate”).

Despite this, the powers of the monarch were very strong:

with his decrees (decrees) he social spheres life of society, such decrees did not require parliamentary approval;

the king had the right of veto (only suspensive) in relation to the laws of parliament;

the appointment of members of parliament (or one of its houses) by the monarch (as opposed to a parliamentary monarchy, where parliament is elected by the monarch);

had the right to dissolve parliament;

had the right to set the date for new elections.

Dualistic monarchies existed in Germany (1871-1918), Turkey, Kuwait, Jordan, Libya, Nepal and other countries. Until 1990 Nepal and Kuwait were absolute monarchies, but due to historical events (the popular uprising in Nepal in 1990, the war between Kuwait and Iraq in 1991), democratic reforms began in them and today Kuwait and Nepal have moved from absolute to dualistic monarchies.

Republic(translated from Latin - a national affair) See: Dictionary of Foreign Words - 19th edition, M, 1990, p. 441

This is a form of government in which the supreme power in given state carried out by elected bodies.

There are a huge number of republics, like monarchies. The source of power in republics is the people, who at certain intervals elect the highest representative bodies of the state. This manifests popular sovereignty - one of the fundamental principles of modern democratic statehood. The people elect the highest legislative body - the parliament and, in some cases, the president. All other supreme bodies of the state are formed, as a rule, by these representative bodies. The powers of the highest elected bodies of the state are limited to a certain period - to prevent possible usurpation of power.

Republican government is based on the principle of separation of powers. Principles of separation of powers - division of a single state power into legislative, executive and judicial, when various bodies states are entrusted with performing various functions of governing the state: parliament (people's assembly, national assembly, duma, supreme council, congress, etc.) is entrusted with enacting laws; the government and its bodies (executive and administrative bodies) - implement laws, organize their implementation; judicial authorities - to monitor the implementation of laws, hold them accountable for their violation, etc.

Based on the nature of the relationship between the legislative and executive authorities, there are parliamentary, presidential And mixed(or semi-presidential) republics.

Parliamentary republic. Is strong here legislative branch, and the executive branch is subordinate to it. This form of government is characterized by the supremacy of parliament, which exercises legislative power. The government is formed by parliament and is responsible to it. Thus, elections simultaneously resolve the issue of the composition of both parliament and government.

In a parliamentary republic, the post of president may be provided, but he does not have such broad powers (primarily in relation to parliament and the government) as the president has in a presidential republic, and in his activities depends on the government. The President is the head of state, but not the head of government; he is not responsible for the actions of the government. Usually the president in a parliamentary republic is not popularly elected (one of the few exceptions is Bulgaria) so that, while enjoying the support of the people, he cannot oppose himself to parliament. The election of the president is carried out either by parliament or by a specially created collegium. The President represents the state in the sphere foreign policy, but even here he is forced to coordinate his actions with the government. The president, as a rule, does not have the right to hold a referendum, to declare a state of emergency, to dismiss the head of government at his own discretion, and usually does not have the right to veto laws adopted by parliament. Formally, the president may be the supreme commander in chief, but the actual leadership of the armed forces is exercised by the minister of defense, who is subordinate to the head of government.

A significant place in a parliamentary republic is occupied by the position head of government - Prime Minister (in In Germany, this post is called “federal chancellor”, and the state is sometimes called in the literature a chancellor republic). As a rule, this is the leader of the ruling party or party coalition; he is elected by parliament. The government is formed by the leader of the party that wins the elections and remains in power as long as it has the support of the majority of parliamentarians. Members of the government are responsible to parliament for their activities. Parliament can pass a vote of no confidence in the government or its individual members, and then they resign. Depending on whether it is possible to form a party majority in parliament, just as in the case of parliamentary monarchies, it is possible to talk about parliamentarism and ministerialism.

There are not very many parliamentary republics in the world: Germany, Finland, India, Turkey, Hungary, Czech Republic, Slovakia, Estonia, Italy and some other states.

Presidential republic. This form of government is characterized by the fact that the president occupies a very significant place in the state apparatus. Therefore, sometimes, by analogy with monarchies, it is called a dualistic republic, since there are two main centers of power in it - the parliament and the president.

In a presidential republic, legislative power belongs to the highest representative body - parliament, which issues laws, and executive power belongs to the government. However, parliament does not form the executive branch, and the latter is not responsible to it. Parliament cannot dismiss executive officials (only in the event of a crime or gross violation of the constitution) if deputies do not agree, for example, with the government’s policies.

The President is the head of state and head of the executive branch. Usually he independently appoints ministers and forms the government. The government (ministers) is responsible to the president and not responsible to parliament for its activities; the president can independently remove members of the government. Typically, the president is elected by popular vote. The President has the right of suspensive veto on laws passed by Parliament.

In a presidential republic, the president has broad powers in a variety of areas of activity. Usually the president has the right of legislative initiative, calling a referendum, the right to declare a state of emergency, independently decides on some of the most important personal matters, is the commander-in-chief of the armed forces, has the right to make peace, declare war, etc. The president, within the limits of his competence, independently issues normative acts, which occupy an important place in the legislative system of a particular country.

A presidential republic is a fairly common form of government. The United States, many countries in Latin America (Brazil, Argentina, Mexico, etc.), Africa (Zimbabwe, Nigeria, etc.), and Asia (Philippines, etc.) are presidential republics.

Parliamentary and presidential republics are the two main types of this form of government. Each has its own advantages and disadvantages.

Among the advantages of a presidential republic is a fairly high degree of efficiency of state management of society: after all, the president, having broad powers, largely determines the policy of the state. Managerial influence is more targeted if it comes from one center. Particularly important effective management during periods of reforms, major social changes, and bringing the country out of crisis. The main disadvantage of a presidential republic: the extensive powers of the president can lead to excessive centralization of power, usurpation of power and its abuse.

The advantages of a parliamentary republic can be seen in greater guarantees of the real implementation of the principles of democracy in public administration of society, since among the state bodies there is no single authority endowed with broad competence. Consequently, there are no objective prerequisites for establishing anyone’s dictatorship. The main disadvantage of parliamentary republics is that in a multi-party system, when it is not possible to form a parliamentary majority, it is almost impossible to carry out a thoughtful, targeted policy, and government crises are frequent.

In many states, attempts have been made to combine the features of parliamentary and presidential republics in order to overcome the shortcomings and preserve the advantages inherent in these forms of government. It seems possible to even talk about an “intermediate” form of government - semi-presidential(or mixed) republic, in which elements characteristic of classical X forms of government.

There is a strong president elected by the people. He is usually the chief executive and runs the government. But in the formation of the latter in mandatory Parliament takes part (for example, it approves ministerial candidates submitted by the president). The government must enjoy the confidence of the majority in parliament and must be responsible to parliament. Thus, it is the formation, and to an even greater extent, the responsibility of the government, that is the factor that legal science considers key in distinguishing the types of republican government.

The president may have broad powers under the constitution, but in practice he may not exercise some of them. In a semi-presidential republic, the independence of the government increases, the importance of the post of head of government increases compared to a presidential republic, where such a post may not exist, or there is a so-called administrative prime minister who only coordinates the activities of sectoral government bodies.

Switzerland has a unique form of government. The government (Federal Council) is appointed by and accountable to parliament (Federal Assembly), but the government is not politically responsible to parliament.

Sometimes it is generally difficult to draw a line between a parliamentary and a presidential republic (Turkey, Sri Lanka, Peru, Russia, Ukraine, etc.). In certain cases, an essentially new form of republic arises: semi-presidential, semi-parliamentary, with a predominance of the features of one or another republic, and sometimes with features that were not inherent in either a presidential or parliamentary republic.

The republican form of government is characteristic of modern constitutional states with a democratic political regime, however, two points must be kept in mind.

Firstly, republics existed both in slave-owning societies and under feudalism, albeit on a limited territory: as a rule, these were city-republics.

Secondly, behind an apparently democratic republican form of government there may well be an authoritarian political regime.

In a number of countries tropical Africa, where monarchical traditions turned out to be especially strong, such a phenomenon as "monocratic republics". Formally, the separation of powers is proclaimed there, but the power of the president is practically unlimited and in reality differs very little from an absolute monarchy. Power is acquired, as a rule, in an illegitimate way (usurped). The next presidential elections, if they are held (for example, in accordance with the Constitution of Malawi, the president holds office for life), are decorative in nature. The President may be the head of the only political party, or even the creator of the official and only acceptable state ideology (for example, Ghana under President Kwame Nkrumah, Guinea under President Sekou Toure, Zaire under President Mobutu, etc.). The change of president occurs as a result of a military coup or natural death.

For the same reason - the enormous and virtually unlimited power of the president - many Latin American states were named "super-presidential" republics The so-called “socialist” or “people’s democratic” republics that emerged after the Second World War were in fact a form of dictatorship of the general secretary and the central committee of the corresponding communist party.

Under military regimes, it is created presidential-military republic. Although this is temporary, it’s not that big rare form: since the emergence of independent states in Latin America, Asia, Africa, Oceania, and also, although to a lesser extent, in Europe there were about 700 successful military coups. In some countries, this form of government existed for more than 10 years (Algeria, Nigeria, etc.), and in some of them, military rule, interspersed with civilian regimes, covered a significant period of existence of an independent state (Nigeria, Pakistan, etc.).

Thus, after considering various forms board, it is possible to clarify the understanding of fundamental issues of the organization and activities of the state apparatus. The problem of the form of government is, first of all, the problem of recognition or non-recognition of the separation of powers, the methods of formation and correlation of legislative and executive authorities, the problem of their responsibility to the people.

In recent years, changes have been taking place in the theoretical understanding of the form of government, as such models of organization of the highest bodies of state power appear that it is not possible to confidently assign to one group or another in accordance with traditional classifications. We have already mentioned above the difficulties that arise when drawing clear boundaries between absolute and dualistic, between dualistic and parliamentary monarchies, between parliamentary, semi-presidential and presidential republics. In addition, the form of government of specific states sometimes combines monarchical and republican principles.

Previously, we were talking about the election of monarchs in the United Arab Emirates and Malaysia, but the election (as opposed to inheritance) of the head of state is the most important sign namely the republican form of government. There are also republics with lifelong presidents. At one time, such a situation, characteristic of monarchies, took place, for example, in the Central African Republic and Tunisia. The functioning of the highest authorities in modern Western constitutional monarchies and in parliamentary republics is not fundamentally different.

In developed countries, the differences between a monarchy and a republic are practically irrelevant; In terms of the degree of democracy in the order of government, the same monarchy of Great Britain is not much different from the republic of France. However, in developing countries these differences can be fundamental.