Understanding State Forms: Authoritarian, Rule of Law, and Social Models

State Forms

State Authority Models

Authoritarian State

State Authority: The authority is unlimited, is not subject to any control, nor does it recognize any body to exercise criticism. This monopoly does not allow citizens to defend themselves in state affairs; the individual is totally helpless against the abuses of the state. There are two forms of authoritarian state:

1. State Absolutist

   Typical examples of this monopoly can be Felipe II's reign in Spain, Louis XIV's in France... There is no way of exercising any power or legal opposition against the king's command.

2. Totalitarian State

   The state controls all areas in which the subject unfolds, reaching control over those that are not state agencies, such as privacy and the media.

Rule of Law

The state authority is subject to the domain of law. Political power can only be submitted within limits imposed by law. The aim is to protect individual rights against abuses of authority. Its characteristic features are:

1. Existence of a Constitution which establishes the general rules, the organs, and procedures for the exercise of power.
2. Division of Powers:
   • Legislature: Enacts laws and controls the executive (Parliament).
   • Executive: Enforces laws and directs the administration of the state (Government).
   • Judiciary: Applies the laws and punishes their non-compliance (Tribunals).

Social State of Law

Citizens can participate in electing political representatives, direct participation in the administration of power, the power to vote, and participate in the courts of justice by juries. The constitution of this kind of state requires:

1. The abandonment or waiver of violence by particulars.
2. The monopoly of force on the part of the state and its specialized equipment.
3. The resolution of conflicts via the civil courts.
4. The existence of limits on domination by the army, which are made explicit in the law.
5. The legitimation of public power through a constitution, citizen participation in the state, and symbolic identification with institutions.

The characteristic of this state is the recognition of essential freedoms. To be a fair state, it must address the inequalities that the system itself generates. To ensure a minimum social equality, the state intervenes directly in the attainment of rights. The main function of the state is to protect individual rights and promote the material welfare and economic security of citizens; these are called the Welfare State.