•The Police State constution
•The
Police State
•
The State Police Evolution of the absolute state in the
eighteenth and nineteenth century , thanks to enlightened or open-minded rulers
( especially in Austria and Prussia ) , the State Police , so called because it
serves as a main purpose to achieve the welfare of its subjects , through a
complete management and regulation of social activities .
•Remain
the characteristics of the absolute state , but it makes a further and greater
professionalization of the bureaucracy , which deals with new tasks ,
consolidating as the backbone of the state.
•Born
in this period the SO-CALLED “ police science” , a sort of science of
administration , which may arise at the origin of the modern administrative law
.
•The
Liberal State
• During the eighteenth
century, for a number of concomitant reasons (including the development of
trade and the first signs of the so-called "industrial revolution"),
it makes a substantial transformation of the economy leading to the affirmation
or declaration of a new social class, the bourgeoisie.
•This
new social class decided, through a series of riots (the most notable of which
was the French Revolution of 1789), a whole new conception of the State, the cd "Liberal
state", which becomes the ruling class, to the point that in doctrine will
define this state as "monoclass" (MS Giannini): the liberal state, which can be dated from the late
eighteenth early twentieth century, the bourgeoisie It holds all the lever or
force of power through the electoral systems of the type of property
qualifications (vote those who contribute to public funds and, therefore, by
reason of their wealth or wealth), which allow it to monopolize institutions,
from the elective chamber of Parliament, which is responsible for the
recognition of the "general will."
•Cont
•Watchwords or slogan
of the bourgeois revolution are the new principles of freedom and equality,
with the consequent reduction of all privileges/rights.
•It is, however, of
freedom and equality only formal, in the sense that behind the statements of
principle, there is the will to achieve an effective equality of all, as to
affirm the leading role of a single social class, the bourgeoisie.
•The essential
characteristics of the liberal state are all linked to the emergence of the
middle class: social mobility still low, where next to the class landowner and
military, remnant of the noble class, which continues to be in the monarchy
their main reference,
•Cont
•alongside
the commercial and industrial bourgeoisie, which in the light the affirmation
of the principles of individual freedom (especially economic initiative and the
property rights) and formal equality and holding the economic power, operates
largely on the forces of political power (oligarchic State);
•The
representative character of the institutions, which connecting between rulers
and ruled is given by the election of representative assemblies.
•If
you consider the character of electoral systems, it understands how the
representativeness of institutions is put to the benefit of the
bourgeoisie;
•
•Cont
•
•-the introduction of
the principle of separation of powers, for which the legislature puts general
abstract rules, the executive gives their implementation and the judiciary to
assess compliance to these behaviors of associates, put in place for the needs
of the middle class, if one considers that the legislative power is at least
shared by the bourgeoisie with the other classes (in the form of government of
the constitutional monarchy, typical of this historic phase, the Executive
power rests with the king, the legislature is from this shared with Parliament
at least in part - the lower house - elective);
•-the
subjection of the public authorities to the rule of law, for which the public
administration was to operate, not to violate the law and the limits of prior
attribution of legislative power (principle of legality).
•Cont
•The
government, thus, is not subject to the will of the sovereign (while remaining
civil servants employees of the Crown) and made subject to legislative choices,
which the bourgeoisie competes in Parliament.
•Some
one adds between the characters of the liberal state also some resizing tasks
of the state , which is responsible only to ensure order and security.
•in
order to allow market forces to operate freely , State was not supposed to
intervene in the economy, thus creating the conditions for the achievement of
the general interest .
•However
, even if the idea of the minimal state belongs certainly liberal ideology ,
historians have found a significant reduction of state functions from the
previous experience .
•
•3.4
The welfare state (or welfare state )
• The industrial
revolution resulted in the eighteenth century, the growth of a large urban
proletariat around factories that began with claims of a trade- established
himself on the political scene before calling universal suffrage ( in Italy
universal male suffrage in 1912 ) and consequently , under the c.d. " Mass
parties " (primarily the Socialist Party , but also the parties of
Christian inspiration , as in the Italian People's Party ) , the recognition of
their rights , not just in formal perspective , but from the perspective of an
active commitment ,State aims to remove obstacles to economic and social
standing in the way to an effective form of substantive equality.
•Thus
was born the "welfare state ," which , as is known , recognized ,
alongside the rights of the liberal tradition , a number of new rights to
social benefits :
•Cont
•
health, security , culture , consumer protection , sports , leisure ... have
become worthy of consideration by the public authorities , so that the social
level , the public interest has been increasingly associated with the idea of
solidarity .
•Prototype
welfare state was the SO-CALLED " Weimar Republic " , was born in
Germany after the First World War in 1919 and known as unstable that sort that
allowed the rise of fascism .
•But
it was also the first laboratory of the welfare state , with a constitution
that was cutting edge (avanguardia) and became a
reference point for all subsequent constitutional experience post -war .
•
•Cont
•The model of the welfare state has been so widespread in
large parts of Western Europe, except in Eastern Europe who came back after the
Treaty of Yalta in the Soviet sphere of influence, and it is still in place,
although since the late 70s of the twentieth century there is talk of a
financial crisis of the welfare state, which would no longer be able to sustain
the significant debt accumulated to cope with the ever increasing costs of
social demands.
•It is characterized by the emergence, alongside the social
rights, the principle of democracy, through which the masses participate in
political life alongside the other social classes, to the point that it is
customary to talk about as "state democratic and social. “
• Next to the persistence and the substantial widening of
a professional bureaucracy, the character tends to :
•1)-representative institutions, 2)-maintaining a trend of separation of
powers, 3)-the recognition of the principle of legality and of the
•4)-traditional individual freedoms, all these elements borrowed from previous
experience state.
•Cont
•The essential characteristics of the welfare state are due to
nature "multi-class" of the new system, in which the middle class is
accompanied by other social classes in a system that tries to reconcile the
needs and ensure the rights:
•-the principle of popular sovereignty, which ensures the
democratic participation of all citizens in the country ( therefore not only
the middle class ) , as well as through the institutions of representative
democracy , as the liberal State , including forms of direct democracy , and
especially through the mass political parties , which has the task to determine
the " national policy " (art . 49 Const. ) ;
•-the extension of the rule of law which now also involves the
action of the constitutional organs, starting with Parliament (so-called
constitutional legality ) . for this principle , the values shared by society
(multi-classes) are set out in rigid constitutions , modified only through a
process aggravated , resulting barred or excluded from the sphere of
availability of the majority of government and guaranteed by special organs of
constitutional justice ( constitutional courts ) ;
•Cont
•-from an economic standpoint:
•1)- there is a surge of the tasks of the state,
•2)-intervenes directly in the economy (so-called " mixed
economy " ) ,
•3)- promotes redistribution of wealth ( substantive equality
) ,
•4)-adopts a complex of legislation for the protection of
labor and social security;
•5)-ensure all new social rights , viewed as the right to
claim the insured through the state , etc ...
•
•Cont
•A further feature of the welfare state , which does not seem
to come down from the presence on the political scene of most social classes ,
but also can be read as a form of reaction to previous experiences , it is full
recognition
of pluralism ,
namely the recognition and promotion of social formations that put in an
intermediate level between individuals and State ( associations
, unions , political parties , religious groups , etc ... ) , that the
foundation of the feudal system , had been discriminated against and fought by
the bourgeois revolutions.
•If
today the welfare state is the one that best describes the typical form of
other state in many Western democracies ( especially in Europe ) , the
processes of globalization taking place and of supranational integration are
affecting considerably on its main features .
•Cont
•Therefore,
one can state that today the state has social aspects in the new than previous
experience:
•-changing
modes of expression of popular sovereignty , with the transformation of mass
parties , which - thanks to new means of communication - are becoming parties -
person , that is linked to their leader
•-
the traditional principle of legality joins with that of efficiency , for which
what is counted for in the action of public authorities is to achieve the
objectives with the least possible expenditure of resources ( economy) ;
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