Legitimacy and Evolution of the Modern Political State

Legitimacy of Political Power

The legitimacy of political power leads us to ask whether a phenomenon is positive or negative, and whether it is worth maintaining and improving or not. Not all political power is legitimate. We need criteria to distinguish what is not legitimate. The criterion of legitimacy for political power is that it will fulfill its function well, which is to do justice between the citizens.

The Liberal Tradition and Republican Inheritance

The Liberal Tradition: Every individual is the core of political action. The basic functions are to protect the lives of its members, reduce fear and uncertainty, secure property rights, and facilitate trade.

Republican Inheritance: The liberal state, as a democratic state, must be constitutional. This is a state where there is a system of rules that limit state powers in order to prevent the abuse of power. To prevent the abuse of power, it relies on:

• Constitutionalism
• Separation of powers
• Citizen participation

The liberal state of law gave way to the liberal and democratic state of law.

Two Forms of Socialism

Communism: This view sees the liberal state as an instrument to serve the dominant class. Objectives: Suppression of the market, abolition of private property and social classes, and the destruction of the state.

Social Democracy: This involves state intervention without breaking the democratic and liberal bases. Objectives: To subordinate the market to social needs, handle and intervene in the economy, restrict private property, and socially distribute political power.

The Social and Democratic State of Law

The Social State of Law: In the rights system, the social state of law includes a concern for social equality. The state has been taking an increasingly active role in civil society for two reasons: in response to the demands of social justice and as a response to the problems inherent in the economic system.

Objectives of the Modern Democratic State

The social and democratic state of law has three primary objectives:

• A state that recognizes equality: Through social norms and institutions that allow everyone access to all public services and social benefits.
• A democratic state: Seen as the source of all public authorities. It manifests primarily through participation in periodic and free elections.
• A rule of law: In which all individuals and institutions should be subject to the constitution.

The Boundaries of the State

The evolution of the state faces several modern challenges:

• The welfare state has been gradually degenerating into a welfare state (providentialism).
• A growing gap between the rulers and the governed.
• Sovereignty is insufficient to cope with globalization.
• Civil society must be an autonomous state and should promote a public sphere.
• Civil society must assume its responsibilities and strengthen the ethics of civil society based on solidarity and responsibility.