The main principles and special aspects of forming a civil and law-bound democratic state
Автор: Рафикова Гулноза Валижоновна
Рубрика: 3. Конституционное (государственное) право
Дата публикации: 06.03.2014
Статья просмотрена: 21 раз
Рафикова Г. В. The main principles and special aspects of forming a civil and law-bound democratic state [Текст] // Право: современные тенденции: материалы II Междунар. науч. конф. (г. Уфа, апрель 2014 г.). — Уфа: Лето, 2014. С. 52-54.
A civil society and law-bound democratic state interactions are based on the following principles.
- Pluralism,varieties of a political life, ideology and opinion
- Existing multi — party in society
- Supremacy of private volunteer organizations(NGO/PVO)
- Legality and control of state
- Social and political cooperation
Knowingly, nearly every democratic state guarantees citizens to voice opinions free. Having the opportunity to have the right of free speech, the use of intelligence and knowledge is a crucial aspect and feature of a civil society. Thus, a society that is formed on the basis of democracy may bring about various opinions, ideologies and political instituitions. In contrast, democratically-limited societies societies deprive citizen`s freedom both politically and personally.
Pluralism applies to highly educated or enlighted societies, and it is based on the criterion of explaining and expressing every ideology in detail. If any political party and its ideology are in power continually, the freedom of citizens are limited politically and it begins to appear absolute anarchy.
The free mass media and elections are one aspect of pluralism. In many democratic countries of the world, pluralism plays an important role and influences progress of their society, of course. In turn, citizens of societies which are based on the principles of pluralism shall be responsible for every action, speech and ideology as well as they must follow all the regulations and culture of free debate. In other words, the varieties and openness of ideology must be of use to humanity and global trends of society, it must be legal and mustn`t be opposed to the moral criteria.
In civil society, a citizen is considered to be one member of any political party or social group, they are regarded as a right of those political groups.
In such circumstances:
- Any member of any group can propagate every economic, political and judicial system`s theory on the mass media free.
- A member of a group can take measures on improving social and political system, preparing political programs and propagating any idea and ideology free across society.
- Groups can apply to court so as to defend their ideology and the actions taken to oppose to their propaganda
One of the important principles of civil society is to have multi-party in society. In turn, Existing many a party in society brings about opinion varieties and various ideologies by itself. Today, political party are one crucial feature of developing democracy in society; in turn they provide any social group`s interests to coincide. Party defend citizen`s rights and ideas and try to get positions in government power. In such circumstances, no political party can lead and take actions illegally to their benefit.
Political parties can be divided worldwide accordiny to their quantity, project and interaction of them with the government. Of all the kinds of party systems existing multi-party in society is the best.
Multi-party formed in develop Western countries, Asia and Latin America gradually; besides. it is the most widely spread process. In forming and developing of multi-party system, multi-nationalism, opposition of ideas and varieties of interests of groups play an important role. This system also paves the way for different state bodies to get positions in government power thereby taking their plans free.
The state limits the following by the aid of rules: 1) The state demands almost every group to sigh up at all costs. 2) The state put limitations in order to prevent crime and provide state and human security. 3) Groups are taken to court for disrespect for the above mentioned rules and for their illegal actions.
Legality and control of state;
The state controls political life of society, defends freedom of citizens and prevents the law violation an illegal and dangerous threat to society which is done by political groups and their members is found to be a basis for stopping their activity by court.
In civil society, the state stresses not only the supremacy of laws, but also it pays attention building a relationship with associations on the basis cooperation.
Civil society institutions provide associations to take actions both politically, economically as well as socially and help different group`s ideology bring together. Hence, the various classes in society compromise both politically and socially.
A modern law-bound state theory produces the same results which was stated two hundred years ago by the political outstandings in history a law-bound state is based on the principles of guaranteeing citizens` freedom and rights, subdivision of government on the basis of principles and supremacy of law in society.
In law-bound states, political reforms are performed by democracy. That is, democracy not only take actions on the rules of the constitutions, but also it imposes every law in life. Participation of citizens is very important introducing laws.
Government is one way of expressing beliefs by people in society. Government realizes all its actions by way of members and government elected by themselves. Beliefs wanted by people are done via the democracy. Democracy comes into life by the understandings of elections, referendums, debates and Private Volunteer Organizations.
As far as democracy is concerned people are considered to be the basement of law-bound state. Government defends people`s freedom and segregation of citizens in society.
Constitution stresses on the prevention of illegal crimes and actions which are done by state body representatives. Supremacy of laws is the foundation of law-bound state. It controls every group to take action legally.
Supremacy of law in society gives the chance to function all spheres legally.
Apparently, in the formation of a law-bound state and activities, the role of supremacy of law is very crucial. That is, Deputies must take all citizens` beliefs into account while making laws. Because, the laws adopted by deputies have high power in life.
Executive state bodies of the government try their best to impose the laws on life and take measurement on eliminating the difficulties, state bodies can do legal actions on the basis of regulations. All the documents must be suitable for the norms of law.
Subdivision of the government is one important aspect of a democratic state. The unique state government divides into branches and do actions; in fact, it is under one government. This helps the state to control every field skillfully. State organizations can control each other democratically thereby preventing priorities of one type of the state body. It is very beneficial to citizens.
Uniting of these three types of the government is not good for society,it violate the supremacy of the law in society and deprives citizen`s freedom.
The relegation of the state government is comprehensive. It is a functional principle. It is ever-activating mechanism, not a non-moving system.
This mechanism unites complex compromises and judicial system which means it helps to prevent frictions between groups in society.
To sum up, Supremacy of opinion varieties multi-party as well as non-government organization is foremost aspect of civil society development. Supremacy of laws is the judicial basis of forming government relegation and democratic reforms.
The main meaning of the principle is that three branches of the unique government- judicial executives and court- take actions on the basis of the constitution articles and don`t interfere in one another`s affairs.
This subdivision of the government enables the citizens to be legal contact with state body representatives. Citizens know that state body executives are taking actions on the principles of the constitutions. Hence, people control over activities of state bodies. Government organizations are responsible to the people.
The History of subdivision of the government theory dates back to the distant past. But formation on the system so-called form was in XVII-XVIII in burgeous revolution.
The idea on the limitations of state bodies activities was discovered by ancient politicians- Pluto, Aristotle, Polibious and Lickury.
The founders of the classic traditional form of the subdivisions of the government are John Lock and Montesko. According to Lock, relegation of the government into judicial, executive and federal types is the best way of providing human rights. Every state body obeys judicial system, because it is the highest office which can set up laws. As for Montesko, he discovered the education of relegation and subdivision of the state bodies. According to his theory, government must consist of judicial, executive and court system being independent from each other, not a unique state government.
1. Сўрўх В. М. Теория государства и права.-Москва.: «Юстицинформ». 2001. — 399 с
2. Бобоев Х. Б., СаидовА. Ўзбекистон Республикаси Конституциясини ўрганиш.-Тошкент.: «Ўбекистон».2001.- 111 б
3. Миллий истиқлол ғояси: асосий тушунча ва тамойиллар.-Тошкент.: «Ўзбекистон». 2000.
4. Чудаков М. Конституционное (государственное) право зарубежнўх стран.-Киев.: «Новое знание». 2001. 106–107 с
5. Каримов.И.А.Ўзбекистон буюк келажак сари.-Тошкент.: «Ўзбекистон». 1999. -126 б.
6. Одилқориев.Х. Конституция ва фуқаролик жамияти.-Тошкент.: «Шарқ». 2002. 70-бет.