Before talking about the relationship of the state andcivil society, it is necessary to determine what civil society is. How is it different from any other types of society? In civil society, without any exception, the rights and freedoms of people are ensured. The state plays a key role in this process, since it is the guarantor of the well-being of its inhabitants. Modern democratically elected government can not prevail over people. It does not prevent the society from living in self-government mode.
The present civil society and the state,in short, can not co-exist without a plurality of opinions. Freedom of speech is an important attribute of this relationship. At the same time, there are many differences between civil society and the state.
A fundamental characteristic of the powerfulapparatus is subordination - the rule of subordination of officials to each other according to the nomenclature ladder. Free society is based on the principle of free coordination. People within this system are on equal footing. Their cooperation begins with the same aspirations and desire.
The state can not exist without society,from which it stands out. People living together need a certain political organization and sovereign power. It is necessary to protect common interests. It is on this principle that the relationship between such structures as civil society and the state is based. Briefly about their "neighborhood" reasoned still ancient philosophers. For example, thinkers of ancient Greece built different theories about the nature of political power.
First of all, the state consists ofpopulation, that is, human society. It can also be called a people. However, there is some difference between the two terms. The people are a large social group whose members have common cultural traits and historical consciousness. People of one nation, as a rule, oppose themselves to representatives of other ethnic groups. Today several countries live on the territory of many states. With all their differences, political power is equally extended to them. The interrelation between civil society and the state, briefly, should exclude the possibility of conflicts between peoples living in the same "house".
For many centuries, civil society and the state have developed in parallel. Briefly describe this evolution can be as follows.
At the initial stage, there was a foldingprerequisites for the emergence of civil society. First in the form of a theoretical idea. The term "civil society" appeared in the XVIII century. And the researchers of that time used this formulation in a slightly different sense than today. For example, in 1767 the Scottish philosopher Adam Ferguson called civil society the main sign of European civilization in general.
This example shows an important characteristicconsciousness of the inhabitants of the Old World of that era. In antiquity, the Middle Ages and until the XIX century, people believed that there are no such differences that would have among themselves a civil society and the state. Briefly explain this logic can be thought that the population was not recognized as independent. There have not yet been formed democratic institutions, instruments of self-regulation. People have always looked at power as a god given a natural and unlimited right of monarchs. To go against this principle and to challenge it was considered, if not a crime, then a stupidity.
Today's concept of civil societyappeared thanks to the works of Francis Bacon, Thomas Hobbes, John Locke, Jean-Jacques Rousseau, Charles Montesquieu and some other thinkers. In the XVIII century the stage of the birth of the first modern democracies began. It was the struggle against absolute monarchies that gave impetus to the comprehension of the changes in the European society.
Gradually the humanities couldformulate the principle that civil society and the rule of law interact (it can be briefly described as a "social contract"). Power and people need certain settings, "rules of the game," regulating their relationship. Civil society appears at a time when the political system recognizes a person's right to freedom, emphasizes the importance of his private property, economic independence. Independent personality - that's what the most progressive society is built around. Without it, growth of well-being and stability is impossible.
In what other spheres is the interaction manifestedcivil society and the state? To put it briefly about the points of their intersection, it is impossible not to mention the legislative side of this issue. The foundations of public and state life are fixed in the Constitution. This main law is a legal model of society. With the help of the constitution, citizens can protect their interests in the event of conflicts and disputes. Enforcement of established norms helps to establish a firm and effective legal order in society.
The Constitution is the main law, but apart from itthere are many other laws. Together they are divided into several groups that regulate a certain sphere of society. Also, there are by-laws that help clarify each specific case of their enforcement.
An independent court is another tool thatdetermines the relationship between the rule of law and civil society. Briefly about his influence should be mentioned, if only because it is with his help that people can achieve the implementation of laws.
The court is the main conductor of the Constitution. And if the document itself is only a declaration, then through a competitive process, society translates these written principles into practice.
For the functioning of an effective politicalthe model requires mutual responsibility, with which civil society and the state must relate to each other. Philosophy briefly and at the same time capaciously answered the question of the format in which these relations should exist.
The state assumes responsibilityprotect all their citizens. The main tool that corrects the behavior of power is the law. He excludes administrative arbitrariness and does not allow the state to destroy an independent civil society.
State activity is divided into severaltypes: executive, judicial and legislative. The author of this concept was Montesquieu. Formulating his epochal theory in the book "On the Spirit of Laws," he relied on the search for his no less famous predecessors: Aristotle, Plato and Locke. The principle of separation of powers was the foundation for the Declaration of Human Rights, adopted in France in 1879.
The application of this model is the best example of howTogether, the state, law and civil society coexist. Briefly describe this relationship can be on the example of the parliament - the legislative body. In a law-based state, he is independent of the president and makes independent decisions. Thus, these two institutions represent a counterbalance to each other. They are also accompanied by an independent court. This triad gives rise to a balance of interests. No force can establish a dictatorship and impose its opinion on the rest. This respects the rights and freedoms of all residents of the country, because both the president and the parliament are elected by people. Thus, the principle of popular representation is implemented. In making decisions, the deputies actually only implement the aspirations of their constituents. So civil society affects life in the country, makes it better and more convenient. If the parliament or the president violates the rights of people, they can go to court and, again, protect their interests with the help of legitimate tools.
Traditionally, it is considered that the legislatureis supreme, because laws are immutable for all. But it is not absolute either. The executive branch has many rights, in particular it can introduce legislative initiatives, as well as use the right of veto. At the same time, it is obliged to comply with the Constitution and other officially adopted norms.
As for the court, it is equally important for bothone person, and for the whole state. This institution should be independent of political squabbles, intrigues and individual sympathies. Only in this way will it be able to maintain an equitable balance between civil society and the state. Briefly examining the principles of the work of all branches of power, it must also be noted that their division in no way means a fundamental contradiction. In the event of a struggle between state institutions, as a logical continuation, corruption begins to grow, followed by an economic recession and a decline in people's well-being.
The rights and freedoms of citizens can be divided into threemain groups. The first is political. This includes the freedom of peaceful assembly, the right to participate in elections (to be elected and elected) and in the administration of the state. A much more serious civil group. It consists of the fundamental aspects of human freedom: movement, life, freedom of speech, thought, etc.
If the state does not protect these principles, itembarks on the path of dictatorship and totalitarianism. Also important is the third group of freedoms and rights that affect the economic, cultural and social aspects of people's lives. For example, this includes the most important principle of inviolability of private property.
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