Foundations of Modern Political Institutions

The Nature of Political Institutions

Political institutions represent an attempt to organize life in common. They are a feature that has accompanied humanity since ancient times. These institutions provide ways of exercising power, such as developing standards and establishing laws.

Their primary functions include:

• Administering justice: A group of people is responsible for judging whether individuals follow the laws.
• Project management: Building and running projects for the people.
• War and organization: Deciding whether or not to participate in a war organization.
• Moral and religious criteria: Establishing ethical and religious frameworks for society.

The Development of Modern States

Modern states began to emerge in the Modern Age. Various philosophers contributed to the fundamental ideas of modern state constitutions, especially the thinkers of the Enlightenment (18th century) such as Rousseau, Montesquieu, Voltaire, Locke, and Hobbes. These thinkers reflected on society and arrived at several common ideas:

• Rationality: This means the substance of political power is based on the right. The entire organization of society follows rational principles.
• Convention: Political decisions are the result of an agreement, covenant, or consensus. Some even speak of a social contract; the very fact of living in society is the result of an agreement.

The modern state is a central organization. There is a geographical center in the capital where governing bodies are concentrated.

Bureaucracy and Legality

Bureaucracy is a system that results from a society that is increasingly complex. In this system, power is based on rationality and legality.

The Division of Powers

The division of powers is a core feature of modern states and democratic rights. This idea is primarily attributed to Montesquieu.

Objectives of Power Separation

• To ensure freedom and avoid dictatorship.
• To improve the functioning of the state through proper allocation.
• To avoid any arbitrary action (acting without reason or on a whim).
• To avoid tyranny and abuse, ensuring the three powers control each other.

The Three Branches of Government

The Legislative Branch

Its function is to make laws (or repeal and delete others), approve budgets, and control the government. The model is bicameral, meaning it consists of two chambers: the Senate and the Congress of Deputies. Elections are held every four years.

The Executive Branch

Its function is to apply the laws and the budget, as well as manage the state administration (officials). The government is composed of the President and Ministers.

The Judicial Branch

Its function is to enforce the law through prosecution and punishment. It resides in courts of law and is composed of judges, prosecutors, and public defenders. This branch is independent and includes a Constitutional Court. The government must comply with what has been mandated by this branch.