The Foundations of Political Power and State Legitimacy

The Origin of Political Power and Legitimacy

Civil society is the organization between the family and the State, which, through a legal framework, establishes rights, freedoms, and obligations for its members concerning the production and exchange within all types of human relationships to satisfy their needs.

The legal system, based on the Universal Declaration of Human Rights (UDHR) and the Constitution, inspires Organic Laws (LO) that are further developed by ordinary laws (lo). Their effective implementation is achieved through Royal Decrees (RD), Ministerial Orders (MO), and Regulations.

The legal system addresses the need for the exercise of state powers to make peaceful coexistence, progress, and social order possible. Thus, power is a relationship of domination exercised by the State and accepted by the citizenry. This acceptance is the basis of legitimacy, which allows the public to consent to the exercise of state power to which it is legally subject.

Legality vs. Legitimacy

It is important to distinguish between legality and legitimacy. A state may have an ordered and organized legal system, defining it as a rule of law (i.e., possessing full legality). However, such a system still needs to be secured and legitimized by the citizens' belief in their obligation to obey. There are three common ways to legitimize authority in the exercise of power:

• By the charisma of the leader.
• By tradition or historical customs.
• By the rational acceptance of the enacted law by the citizens.

Powers of the Rule of Law

• Legislative branch: Formulates and enacts legislation.
• Executive branch: Operates the government and public administration.
• Judiciary: Corrects and punishes infringements of the law.

Theories Legitimizing the "Social Contract"

These theories are based on several core ideas:

• The transition of humanity from a state of nature to a sociopolitical state.
• The evolution from civil society to the formal institution of the State.
• The conditions and limitations on State power, linked to human rights: civil, political, social, economic, cultural, and third-generation rights.

Key Social Contract Theorists

• Hobbes: Defines citizens as subjects under an absolute state, requiring the submission of individual wills. Key work: Leviathan.
• Locke: Views citizens as property owners in a liberal and democratic state, advocating for a minimal state focused on maintaining order. Key work: Essay on Civil Government.
• Rousseau: Sees citizens as members of a social and democratic state (welfare state), bound by a collective agreement. Key work: The Social Contract.
• Rawls: Considers citizens subjects of law within an impartial and equitable state, based on a system of fairness. Key work: A Theory of Justice.