Modern State Evolution and Political Systems

Historical Evolution of the State

The modern state arose in the fifteenth century. Its development can be categorized into several stages:

• Absolutist state: Political power is concentrated in the person of the king, exercised absolutely.
• Liberal state: Characterized by the prevalence of the Constitution and the defense of individual rights, including life, liberty, security, and property.
• Democratic state: Defined by equal legal, juridical, and political rights for all citizens, including the equality of the vote.
• Social and Democratic state: This model requests the intervention of the state to create wealth and distribute it evenly throughout society.

Types of State

According to the Form of Government

1. Presidential states: The state has a paramount chief who is also the head of government and leads the executive branch, maintaining independence from the legislative branch.
2. Parliamentary states: The head of the political state has no political responsibilities. The Parliament adopts laws, controls, and legitimizes the politically integrated action of the government.
3. Assembled: The assembly of citizens, or the assembly of representatives of the people, serves as the supreme organ of government.

According to the Nature of the Head of State

1. Monarchies: The head of the state is a king. This can be absolute, if all power is concentrated in the king, or parliamentary/constitutional, when the parliament assumes the legislative function.
2. Republic: The supreme head of state is elected directly for a specific period of time.

According to the Political Regime

1. Totalitarian: When power is exercised without the participation of the people.
2. Democracy: Power is exercised by delegation and on behalf of the people.

The Rule of Law

1. Rule of law: The law governs both the governors and the governed.
2. Division of powers: The separation into legislative, executive, and judicial branches.
3. Monitoring of the administration: All institutions of the state are under existing equality.
4. Rights and fundamental freedoms: The recognition and respect of civil, political, and legal rights with due process of law, including criminal and procedural protections.

The social and democratic state of law seeks to give effect to the claims and hopes for the recognition of human dignity and the equality of all people.

Law and Justice

We call positive law a system of objective standards of a coercive nature—such as laws, decrees, and rulings—issued by the state. A right is something that an individual can claim because the law recognizes it. Justice is a moral principle or virtue that consists of acting impartially and equitably.