Where the republican form of government existed. Republican form of government (1) - Task

Where the republican form of government existed. Republican form of government (1) - Task

The Republic is the form of government, in which the supreme power belongs to elective bodies, elected by the population for a certain period of time. The Word itself comes from the Latin phrase of Rem Publicum, which means "common cause".

Characteristic features of the Republic:
1) the only source of power is the people;
2) the rule in the Republican form of the Board is carried out collectively;
3) the highest state authorities are formed by parliament or are elected electively;
4) state bodies are elected for a certain period, after which their powers are terminated

5) Higher state power is based on the fundamental principle of separation of the authorities

6) Officials and government authorities are responsible for their actions.

"Along with the monarchical form of government, the republican form also originated in a slaveholding state. One of the first republics formed in the Athens State in VIII. BC. and V-IV centuries. BC. Democratic republic was recognized. In the feudal era, the republican form of government is practically not used.
Currently, the republic is on the rise and becomes a kind of guidelines for developing countries. "

According to the degree of relationship between the executive and legislative power in the modern world, the following republics are allocated; Parliamentary, presidential, and mixed.

The presidential republic is characterized by the fact that the President occupies a very important place in the system of higher authorities. As an example, such republics can be called the United States, Brazil, Mexico, Philippines, Nigeria, Kazakhstan. .

In the "classic" presidential Republic (USA), the President is simultaneously the head of the legislative and head of the executive.

In the Presidential Republic, he has the right to legislative initiative, the appointment of a referendum, the right to introduce a state of emergency, he is the Supreme Commander of the Armed Forces, has the right to conclude the world, declare war, etc. President within its competence independently publishes acts that occupy a special place in the hierarchy of the legislation of the country.

"The Parliamentary Republic represents such a kind of republican form of government, in which a binder in the implementation of the highest state power and the formation of its bodies belongs to Parliament as the highest authority of the representative power. The president in conditions of such a form of government is most often elected by Parliament (for example, in Greece, Turkey, Lebanon, Hungary, the Czech Republic, etc.) "

But even in cases where the president is elected in such republics not by parliament, but directly by the people (for example, Ireland, Bulgaria, Finland, etc.), its powers are very limited, and the real executive authority is carried out by the government.



The main thing in the characteristics of the parliamentary republic is that the rule of power belongs to Parliament, and the government is borne in front of him, and not the president of responsibility and must resign in the event of a quorum not confidence from parliament. Of course, under these conditions, the principle of separation of the authorities is being implemented as the executive branch of government in the face of the government has a certain autonomy, maybe in the case of the quorum of the distrust of the parliament, contact the president with a proposal for the dissolution of the parliament and the appointment of new elections. In general, the government in such a form of government is in a certain dependence on parliament: the head of government, as a rule, the leader of the party in parliament, the government accountable to Parliament, is controlled by him and at any time can be sent to the Parliament to resign by expressing a vote of distrust.

"The mixed republic presents such a form of state reign, which is located on the verge of the presidential and parliamentary republic. In it, both the institutions of state power are at the same time a president with real powers, and the government, and parliament. The authorities are divided between them. An example serves: France, Russia, Yugoslavia. "

A characteristic feature of the mixed form of the republic is the double responsibility of the government - and before the president, and before the parliament. In these republics, the president and parliament are elected directly to the people. The head of state is the president. He appoints the Prime Minister and ministers, taking into account political forces in parliament. The head of state, as a rule, chairs the meetings of the Cabinet and approves its decisions. Parliament has the ability to control the government, approving the annual budget, and can also express distrust to the Government.

Conclusion

The purpose of my course work is achieved by implementing the tasks. As a result of the study on the topic of the "Form of the Board", a number of conclusions can be drawn:

Under the form of the Board is understood to the organization of the highest power of the state, the competence, the interaction of the highest bodies of the state, the degree of participation of the population in their education. The form of state government makes it possible to understand: how the higher authorities of the state are created and what their structure are; How the relationship between the highest and other government agencies is being built; As the relationship between the Supreme State Power and the population of the country is being built; To what extent is the organization of higher state bodies to ensure the rights and freedoms of the citizen.

The form of government, as a substantial element of the form of the state, is developing from the actual and legal parties to the education and organization of the highest bodies of state power, as well as bodies endowed with independent authority.

From this point of view, states are divided into monarchies and republics.

The monarchy is the form of government, in which the supreme state power belongs to one litsu monarch and is usually transmitted by inheritance. Monarch is not responsible for their acts. Legal signs of monarchy are:

1) the existence of the sole chapter of the state with the authorities for life.

2) the throne as a way to transfer the supreme power.

3) the implementation of the monarch of the Board at its own discretion, and not on behalf of the people.

4) the lack of legal responsibility of the monarch, that is, it is not responsible for decisions made, responsibility is assigned to ministers that act on behalf of the monarch.

The republic is a form of government at which state power is carried out by elected bodies elected by the population for a certain period.

In relation to the republican form of the Board as a basis for its subdivision on subspecies, differences in the level of development of states, the degree of involvement of the entire population or its part to the process of the implementation of state power, the situation in the system of senior authorities of those or other institutions, in particular the presidential institution or parliament, etc.

In the modern world there are three main varieties of the republic: presidential, parliamentary and mixed. Although the story knows many other species of the republics: slave-owned, aristocratic, Soviet, theocratic, etc.

The differences between them are due, firstly, those who form the government and before whom it is responsible, and, secondly, how the legislative and executive branches of power are building their relationship (on the principle of separation of the authorities, which is characteristic of the presidential republic, or on the basis of The principle of cooperation of the authorities, which is characteristic of the parliamentary republic).

As historical experience shows, public progress is determined not so much how the type of monarchy or the republic is established in the country, but to a greater extent, how appropriate is it for a particular state. It is, first of all, on the compliance of the chosen model of the board of the aggregate of historical prerequisites, economic relations, the level of culture, traditional views and psychology of the population, as well as a number of other factors.

Bibliography

1. Alekseev S.S. Total law theory. - M., 2013, p. 286.

2. Babayev V.K. Theory of State and Law: Tutorial [Text] / Ed. VC. Babayev. - M.: Lawyer, 2033. 592 with

3. Hungarian A. B. State and Law Theory: Textbook [Text] / A.B. Hungarian. - M.: Omega-L, 2012. - 607 p.

4. Gumplovich L. General doctrine of the state of St. Petersburg., 1910. P. 221.

5. Enshbaryan R. V., Krasnov Yu. K. "Theory of State and Law" - uch. Manual - M: Lawyer, 2013

6. Marchenko M.N. Problems of the theory of state and law. - M.: Lawyer, 2014.

7.. Matovov N.I. The theory of state and law: a textbook for university students 2nd ed. M.: Lawyer, 2013. 541 p.

8. Marchenko M.N., Machin I.F. History of political and legal exercises. M.: Higher education, 2013 495 p.

9. Melehin A.V. State and Law Theory: Tutorial [Text] / A.V. Melekhin. M.: Market DS, 2012. - 640 p.

10. Morozova L.A. Fundamentals of the state and law. M.: Norm, 2014. 464 p.

11. Potapov M. G. State and Law Theory: Tutorial / m. G. Potapov: Novosibirsk, 2014, -438

12. Rosets M. M. The theory of state and law: a textbook for universities / M. M. Rosetov. -M, 2014 with. 635.

13. Radko T.N. Theory of state and law: a textbook. M., 2013. 65

14. Simonishvili L. R. Republic with a mixed form of government. - M., 2014, from 234

15. Syrech V.M. Theory of State and Law. M.: Justicinform, 2012, 695 p.

16. Tomnov M.B. Theory of State and Law. - M., 2014. - P. 218

17. Studyuk V. N. State and Law Theory. -M .:,, 2012,. С 34


Gumplovich L. General doctrine of the state of St. Petersburg., 1910. P. 221.

Marchenko M.N., Machin I.F. History of political and legal exercises. M.: Higher education, 2012 495 p.

Startsev Ya.Yu. Course of lectures "State and Municipal Office in foreign countries" .- M. Rodn, 2013G.-p.125.:

Tamer M.B. Theory of State and Law. - M., 2014. - P. 218

Marchenko M.N. Problems of the theory of state and law. - M.: Lawyer, 2013 p.183.

Yeshbaryan R. V., Krasnov Yu. K. "Theory of State and Law" - Uch.Post - M: Lawyer, 2013

Morozova L.A. Theory of State and Law. - M.: Lawyer, 2013 - 414 p.

Radko TN. Theory of state and law: a textbook. M., 2013. 65

Potapov M. G. State and Law Theory: Tutorial / M. G. Potapov: Novosibirsk, 2014, -438

Babaev V.K. Theory of State and Law: Tutorial [Text] / Ed. VC. Babayev. - M.: Lawyer, 2013. 592 with

Simonishvili L. R. Republic with a mixed form of government. - M., 2014, from 234

Republic- (Lat. Respublica) nationwide. Republican form of board - This such form of government, in which power is carried out by elected bodies elected for a certain period. In the republic, the head of state is the president elected by different ways, but from the environment of citizens of the state. In different countries, the presidential elections occur in different ways, but in all countries the president is chosen by the people.

The following main signs of the republic can be distinguished:

The existence of the sole or collegial head of state;

A selection for a certain term of the head of state and other state supreme bodies;

The implementation of state power is not on its own right, but on behalf of the people;

Legal responsibility of the head of state in cases provided for by law;

The obligation of solutions of supreme state power for all other state bodies;

The advantageous protection of the interests of citizens of the state, the mutual responsibility of the individual and the state;

There is a separation of authorities to legislative, executive and judicial.

One of the first republics was formed in the Athens State in the VIII century. BC. and in the V-IV centuries. BC. Was recognized by the Democratic Republic.

Presidential republic -this is such a form of government at which the president elected at the head of state, elected by the general voting and combining the powers of the head of state and the head of government.

In the republic of this species, state administration is based on the principle of rigid separation of the authorities. The President manages, Parliament (Congress, National Assembly, etc.) takes laws. The presidential republic is different, as a rule, by the extra-parliamentary way of election of the president (nationwide election) and the formation of the government, the lack of responsibility of the government to parliament. The government forms the President, but often with the consent of Parliament. The government is responsible to the president. The President is deprived of the right to dissolve the parliament, and, on the contrary, the Parliament may arouse the process of removing it against the president (impeachment). As opposed to impeachment, the president has its "weapon" against the government, he can impose a veto on the laws adopted by Parliament.

The other model of the Presidential Republic is such a device for the form of the Board, when the President is head of stateBut does not combine this status with the status of the head of government. Then, besides the distribution of powers enshrined by the Constitution, the president, as mentioned above, forms a system of government and public - under the president who contribute to him in fulfilling his powers as the head of state, the Guarantor of the Constitution.

(USA, Argentina, Mexico, Brazil, Russian Federation and others)

Parliamentary republic -this is such a form of government at which the head of state is the elected official (president, chancellor, etc.), and the government is formed by Parliament and reports to its activities before Parliament, and not before the head of state.

The Parliamentary Republic is characterized by the proclamation of the principle of the rule of parliament, to which the government is political responsibility for its activities. The formal distinguishing feature of this type of republic is the presence of the post of prime minister, which elects (appoints) Parliament. The government is formed only by parliamentary way from among the leaders of the party who received the majority in parliament, and remains in power until it has the support of the parliamentary majority. The participation of the president in the formation of the government nominally. Although it is formally endowed with great powers (has the right to dissolve parliament), in practice there is no impact on the implementation of state power. Any effects can be carried out only with the consent of the government, the regulatory acts coming from it acquire legal force, as a rule, only after approval by the government or parliament, which are responsible for them.

(Italy, Germany, Finland, India, Turkey).

Mixed form or semi-presidential form of the republic - This such form of the Board, within which the signs of the Parliamentary and Presidential Republic are combined and coexist. For the first time, such a form of the republic was introduced in France in 1958 on the initiative of Charles de Gaulle.

The President is elected by the people, but is not the head of the executive. The government has the executive authority, which is primarily responsible to the president and limited - in front of parliament.

In the mixed republic, the president may appoint deputy prime ministers and ministers, regardless of the party and forces. The purpose of the Prime Minister occurs in different ways: independently or with the consent of Parliament. The President has the right to dismiss the Prime Minister, a separate minister or the entire government.

Thus, in a funny republic, the president does not apply to any of the branches of government and the government is responsible to the president. (RF, Kazakhstan, Romania, France, etc.)

Non-traditional republics

There are also other, nonypical, types of republics. For example, the theocratic Republic (Iran, Afghanistan). For some countries, Africa is characterized by a peculiar form of the Presidential Monocratic Republic: in the conditions of the one-party political regime, the party leader proclaimed by life president, the parliament of the same authority did not have (Zaire, Malawi).

For a long time in the domestic legal science of the special form of the republic republic of Soviet. Its signs were called: frankly class character (dictatorship of the proletariat and the poorest peasantry), the lack of separation of the authorities during the fullness of the Soviets, the tough hierarchy of the latter, the right to revoke by the voters of the Councils deputies before the expiration of their authority (imperative mandate), the real redistribution of power from episodically collected tips in favor of Their executive committees

Question 1. Republican form of government.

The Republic (from the Latin Res Publica is a state, social cause) - this is the form of government, in which the head of state is elected and connected, and its authority is considered derived from voters or a representative body.

Signs of the Republic:

a) the election of power;

b) the limited period of authority of power;

c) dependence on voters.

Depending on who forms the government to whom it is accountable and controlled, the republic is divided into presidential, parliamentary and mixed. In the presidential republics (USA, Brazil, Argentina, Venezuela, Bolivia, Syria, etc.), it was the president that performs this role; In parliamentary (Germany, Italy, India, Turkey, Israel, etc.) - Parliament; In mixed (France, Finland, Poland, Bulgaria, Austria, etc.) - President and Parliament.

In the Presidential Republic, the President is elected independently of parliament or the electoral collegium, or directly the people, he is at the same time head of state and government. The President himself appoints the government and leads its activities. Parliament in this republic can not bear a vote of distrust to the government, and the president cannot dissolve the parliament. However, the Parliament has the opportunity to limit the actions of the president and the government through the laws taken and through the approval of the budget, and in some cases can be removed from the post of president (when he violated the Constitution, committed a crime). The president, in turn, is endowed with the right of an undenna veto (from Latin Veto - a ban on decisions of the legislature.

In the Parliamentary Republic, the Government is formed by the legislative body and responsibly in front of it. Parliament can by voting to express a vote of confidence or a vote distrust of the government as a whole, the head of government (Chairman of the Council of Ministers, Prime Minister, Chancellor), a specific minister. Officially, the head of state is the president, who is elected either by parliament or the collegium of electors, or by direct voting of the people. However, in the system of state authorities, it occupies a modest place: his duties are usually limited to representative functions that differ little from the functions of the head of state in constitutional monarchies. The real chapter of the state is the head of government.

A characteristic feature of mixed (semippeted, semi-parliamentary) republics is the dual responsibility of the government - and before the president, and before the parliament. In such republics, the president and parliament are elected directly to the people. The head of state here is the president. He appoints the head of government and ministers, taking into account the scenario of political forces in parliament. The head of state, as a rule, presides at the meetings of the Cabinet of Ministers and approves its decisions. Parliament also has the opportunity to control the government by approving the annual budget of the country, as well as through the right to the government of the vote of distrust.

The republic, being an ancient form of a public organization, is currently the most common and in demand in the world as a method of a state device governed by a majority of its citizens.

According to the Republican principles of the Management Board, state citizens implement their political rights and freedoms, regularly choosing their representatives (deputies, president) into higher authorities and thereby controlling their composition.

Thus, in the republic's state, the authority of the Supreme Authorities (Parliament and the President) should be based on folk confidence. The people define who to occupy a place in the structure of state power representing his interests.

Republic - This is the form of government management, which is based on the electoral principle. Higher power with the Republican form of the Board, in contrast monarchicalexercised by the will of the people or representing its institution (parliament).

* - This is a form of state reign, in which life-lifelong right to the supreme power is inherited to one person (the monarch).

HISTORY OF THE ORGANION OF THE REGION

The republic appeared during antiquity as opposition to the monarchy. She opened a new way of state-owned device - on a democratic basis. Full citizens of the Polis were able to manage the ancient city-state, taking part in a meeting or advice.

The etymologically "republic" goes back to the Latin Res - the case and publicus - public, nationwide, which in combination is translated as a "public, nationality".

Signs of the modern republic

Since the time of antiquity, the world has developed, and the republic, without losing their key democratic principles, has acquired new features. Among the main signs of the republic are distinguished:

  • The presence of a major person (president) or a collegial body (parliament) representing the state and the carrying function of legislative and / or executive power.
  • The election of the head of state and the supreme authorities for a certain period.
  • Submission of the head of state of the Constitution.
  • Mutual responsibility of the individual and the state before the law.
  • The principle of separation of authorities into three branches (in most republics).

Varieties of the republic

The republic, depending on who has more powers in managing the state, the president or parliament, as well as the mechanism of the implementation of power shared on:

  • presidential, in which the Parliament submits to the President who form the government and the manager of them;
  • parliamentary, in which the Parliament appoints the president, convenes the government and controls it;
  • mixed, in which the presidential and parliamentary authorities balance or are struggled by each other: the government is formed by them jointly and is responsible to both; At the same time, who owns the real authorities, heading the Parliament to the Prime Minister or the President depends on the number of votes they received.

From the point of view of the state device and territorial integrity of the republic there are:

  • Unitary - geographically united states, such as Italy, France, Japan, Poland.
  • Federated - consisting of parts (subjects of the Federation), which share power powers with the manager of the Center (president and / or parliament). Such republics include: Russia, USA, Germany.
  • Allied - those part of large state associations with a republican or monarchical form of government (USSR, Islamic Republic).

Republic

Parliamentary republics appeared first due to bourgeois revolutions in Holland, England and France and spread throughout modern Europe and the world. To date, the Parliamentary republics are: Austria, Greece, Ireland, India, Portugal, Germany. All these countries are the Prime Minister, who heads the government and the parliamentary majority.

The first Presidential Republic is considered to be the USA, in it the president contrast himself to parliament, which became an effective way to manage the Confederation. Now the presidential republics are: Russia, Mexico, Argentina, Brazil, etc.

The modern world also exist:

  • superPresident republics, with a single power represented by the President supported by the army (Syria, Latin America);
  • military presidential republics headed by the Revolutionary Military Council;
  • presidentical and Monocratic Republic, with an unlimited term of the Board of the President (Iraq, Tunisia, Guinea).

the supreme power is carried out by elected bodies elected by the population (but not always) for a certain period. Currently, from 190 countries of the world more than 140 are republics.

The following signs are inherent in the republic:

The existence of the sole and collegial head of the state - the President and Parliament. Parliament is a legislative power. The task of the president is to lead the executive power, but it is not characteristic of all types of republics.

Selection for a certain term of the head of state and other supreme state authorities. So, the president and parliament must be elected by the people for a certain period.

Legal responsibility of the head of state. For example, according to the Constitution of the Russian Federation, the Parliament has the right to regenerate from the post of president for grave crimes against the state.

In cases provided for by the Constitution, the President has the right to speak on behalf of the state.

The preemptive priority of personal rights over state. [Source is not specified 160 days]

The source of power recognizes the people.

The highest power is based on the principle of separation by the authorities, a clear delineation of powers.

The classification of the republics is related to how state power is carried out, and which of the subjects of state-legal relations is subject to a large number of powers. Or, in other words, the republic is divided into three parameters:

as the parliament is elected,

how the government is being formed,

what the scope belongs to the president.

[edit]

Today, most countries of the world are republics. Although the republic is considered to be many [source not specified 160 days] the modern form of power and synonymous with democracy, this is an erroneous opinion based on the fact that historically there has been more state formations with a monarchical form of government, where the authorities are inherited.

The first republics arose in antiquity (see "Athenian Democracy" and "Roman Republic".

In the Middle Ages on the territory of the modern Russian Federation, the Novgorod Republic and the Pskov Republic existed for a long time (the short time of the republic was in Tver and in Moscow.

In Europe, more than millennium existed the Venice Republic.

Dubrovnitskaya Republic - a city-state that existed from the XIV century to 1808

And the Republic of San Marino, created in 301, exists at present.

In most modern republics, the head of state (mainly, the president) is elected by the universal vote of the citizens of the country or a popularly elected parliament. The authorities of the head of state are also limited depending on the constitution - from rather solid powers (USA, Russia, France) to purely ceremonial and executive functions (Austria, Germany, Italy).

Unlike the medieval republics, in many modern democratic states are not only limited by the term of office of the president, but also the number of deadlines. Also limited, although in different extent, the power of the head of state. All citizens of the country have the right to vote in the republics. For comparison, there was elected in the Venice republic for life and not by all citizens, and also had almost unlimited powers. However, and at present in some countries, elections are not universal. In South Africa until the 1990s did not have the right to vote negros and mulatto.

In the republics canceled the institute of the nobility. All citizens have equal rights, however, not all permanent residents, even those born in the territory of countries have citizenship.

In some republics there are lifelong senators (Italy, France), but their places are not inherited.

However, the republic is not synonymous with democracy. In many countries, officially republics are canceled by the presidential elections or occur on a non-alternative basis. At the same time, in many monarchy states, democratic institutions are widespread. However, there are more opportunities in the republics for the development of democracy.

Republic is the most common political device today. Monarchy in some countries - only tribute tradition