1 - THEORY OF LAW AND STATE Flashcards
(19 cards)
STATE (3)
3D space defined by state borders (TERRITORY)
inhabited by a population
has power to make & enforce laws through sovereign government organization
TERRITORY SPACES
ground
airspace above ground
underground/water
TERRITORY BORDERS
State borders: approved by international community
Admin borders: set by the state itself
State territory can be changed through war, occupation, negotiations
POPULATION
Large group of people living on state territory
CITIZENS: have citizenship of state
FOREIGNERS: no citizenship but a permit
RESIDENCE: getting official permission to stay in a place you’re not born in
CHANGES IN POPULATION
IMMIGRATION: foreign country to new country
EMIGRATION: leaving own country to settle permanently in another
NATALITY RATE: no of births
MORTALITY RATE: no of deaths
SOVEREIGNTY
Power of state to enforce decisions and laws on its territory
Means country has freedom from external control, independent authority, right of self control
In modern democracies, sovereign power rests with the people, and is exercised through representative bodies like congress/parliament
SOVEREIGN STATE
Can govern itself, is independent, autonomous, invisible
Only the state has authority and monopoly over legally using physical force
SOVEREIGN GOVERNMENT
organizes the state/governmental institutions and their performing of most important governing functions to satisfy society’s needs
> keeping order with court and police
> protecting country with ministry of defense and interior
> providing necessary services (schools hospitals etc)
> making economic decisions (eg budgeting)
SEPARATION OF STATE AND GOVERNMENT - CHARLES DE MONTESQUIEU 1748
State and government functions must be separated so that no one has all the power in a state
3 FUNCTIONS OF GOVT ORGANISATION:
LEGAL: PARLIAMENT responsible for adoption of laws in accordance with drafts submitted by ministries or public initiatives
EXECUTIVE: GOVERNMENT responsible for implementation of laws
JUDICAL: COURTS responsible for resolving legal disputes
LAW AND STATE SIMBIOSIS
State creates and implements law
- Law transforms state into legal organisation
- gives state legitimacy
- enables state to function properly
- limits power of the state
LEGAL STATE
Came about from vassals becoming citizens, therefore gaining rights but also obligations, and governments becoming democratic, and having to protect citizen’s rights
- the government has limited power and is bound by the law
- govt actions must be predictable, ethical, responsible
A LEGAL STATE IS ONE OF MANY IMPLEMENTATIONS OF THE RULE OF LAW
RULE OF LAW
Universal principle of how laws should work in any just society
- law applies to everyone equally
- legal certainty & predictability
- there should be a system of general legal norms
FREE ELECTIONS
involve political freedoms, and fair processes leading up to the vote
fair count of eligible voters
acceptance of election results by all parties
DIRECT ELECTIONS
citizens vote directly instead of having representatives vote for them
INDIRECT ELECTIONS
people vote for a body that will be responsible for electing a presidential candidate
RULE OF LAW SERB CONSTITUTION (5)
Rule of law is exercised in serbia through
1. free & direct elections
2. constitutional guarantees on human & minority rights
3. separation of powers
4. independent judiciary
5. observance of constitution and law by authorities
HUMAN RIGHTS IN SERB CONSTITUTION
Human rights are:
universal: everyone is born with and has the same rights
inalienable: can’t be taken away
interdependent & interrelated: one human right is in tandem with others eg right to health goes hand in hand to right to development
INTERNATIONAL HUMAN RIGHTS LAW
Lays down obligations of governments to prohibit certain acts in order to promote human rights
People in media and international communities have a role in whistleblowing
