Types of republican government. The main characteristics of the republican form of government
political power in modern world. This government is based on the idea that the original source of power is the people, and therefore they have the right and should take part in the government. Such management is implemented through a system of election by the population, directly or indirectly, of all government bodies: the president, parliament, cabinet of ministers, representatives judicial system. This election takes place on a regular basis, and in its course the organs of government are constantly changing.
Features of the device in the world
Thus, the republican form of government implies that any apparatus of power in the country in its actions meets the interests of the broad masses of the population and is their chosen one directly or indirectly.
For example, the cabinet of ministers is formed by the elected president. In addition, in the modern world, the republican form of government implies the mandatory separation of the branches of power. Usually there are three of them: executive, legislative and judicial. But there are exceptions. Thus, in China there are still constituent, electoral, legal, examination and control branches. Similar authorities designed to exercise additional control exist in some European countries.
Origin and history of the republic
This form of device political power existed in the ancient world. For the first time it was outlined in the ancient Greek city-states and the Roman state of the times of his early history. At the same time, even then the republican form of government demonstrated in practice that it can be different.
AT this case we are talking about options democratic republic(in which the government was elected by the popular assembly), as in Greece, and aristocratic. An example of the latter is the Roman Republic, where the social stratum of wealthy patricians ruled the ball. The poor (plebeians) did not have much managerial leverage. The ancient republics differed greatly from the modern ones in that the concept of law absolutely did not extend to the numerous stratum of slaves. Although the latter were the production basis of all ancient states. With the death of the ancient world and the formation barbarian kingdoms feudalism, expressed by the monarchy, came to Europe. This system of political power has taken root almost throughout the continent, although there have been exceptions. Thus, the aristocratic republican form of government existed in Rus' during the times of fragmentation (Pskov and Novgorod Republic), republics in Venice, Genoa, Bremen. The Zaporozhian Sich is also called the Cossack Republic. However, a full-fledged revival of this form of government took place already in the 18th - 19th centuries, when, under the influence of the enlightening ideas of Locke, Hobbes, Rousseau and other ideologists of the social contract, monarchies began to be overthrown one after another and democracy regimes were established. The last two centuries have been a tumultuous era of ever-expanding human and civil rights different categories of the population.
Modern countries with a republican form of government
As already noted, in today's world this is the most popular form of political power. It first gained popularity in Europe and North America and later spread all over the world. By by and large, there are three types of republics: presidential, parliamentary and mixed. They differ in the balance of powers between the two authorities. So, for example, the republican form of government in the Russian Federation has a presidential character, since it is the head of state who forms the government. In Italy, on the contrary, the president is himself elected by the parliament, which thus becomes the key body in the country.
Republic- (Latin respublica) a nationwide affair. Republican form of government- this is a form of government in which power is exercised by elected bodies, elected for a certain period. In a republic, the head of state is the president, who is elected in various ways, but from among the citizens of the state. AT different countries presidential elections take place in different ways, but in all countries the president is elected by the people.
The following main features of the republic can be distinguished:
The existence of a sole or collegiate head of state;
Electivity for certain period heads of state and other supreme bodies of state power;
The exercise of state power not by its own right, but on behalf of the people;
Legal responsibility of the head of state in cases provided for by law;
Binding decisions of the supreme state power for all others government agencies;
Primary protection of the interests of citizens of the state, mutual responsibility of the individual and the state;
There is a division of powers into legislative, executive and judicial.
One of the first republics was formed in the Athenian state in the VIII century. BC. and in the V-IV centuries. BC. was recognized as a democratic republic.
Presidential republic - this is a form of government in which the head of state is the president, elected by popular vote and combining the powers of the head of state and head of government in one person.
In a republic of this kind public administration built on the principle of a strict separation of powers. The president governs, the parliament (congress, national assembly, etc.) passes laws. The presidential republic is distinguished, as a rule, by the extra-parliamentary way of electing the president (popular election) and the formation of the government, the lack of government responsibility to parliament. The government is formed by the president, but often with the consent of parliament. The government is responsible to the president. The president is deprived of the right to dissolve the parliament, and, conversely, the parliament can initiate the process of removing him from power (impeachment) against the president. As opposed to impeachment, the president has his “weapon” against the government, he can veto laws passed by parliament.
Another model of a presidential republic is such an arrangement of the form of government, when the president is head of state, but does not combine this status with the status of head of government. Then, in addition to the distribution of powers enshrined in the Constitution, the president, as mentioned above, forms a system of bodies - state and public - under the president, which assist him in exercising his powers as head of state, the guarantor of the constitution.
(USA, Argentina, Mexico, Brazil, Russian Federation and others)
Parliamentary republic - this is a form of government in which an elected official (president, chancellor, etc.) is at the head of the state, and the government is formed by parliament and reports for its activities to parliament, and not to the head of state.
A parliamentary republic is characterized by the proclamation of the principle of the supremacy of the parliament, to which the government is politically responsible for its activities. The formal distinguishing feature of this type of republic is the presence of the post of prime minister, who is elected (appointed) by the parliament. The government is formed only by parliamentary means from among the leaders of the party that has received the majority in parliament, and remains in power as long as it has the support of the parliamentary majority. The participation of the president in the formation of the government is nominal. Although he is formally endowed with great powers (he has the right to dissolve parliament), in practice he does not have any influence on the exercise of state power. Any of his actions can be carried out only with the consent of the government emanating from him. regulations become legally effective, as a rule, only after the approval of the government or parliament, which is responsible for them.
(Italy, Germany, Finland, India, Turkey).
Mixed form or semi-presidential form of the republic- this is a form of government in which the features of a parliamentary and presidential republic are combined and coexist. This form of republic was first introduced in France in 1958 on the initiative of Charles de Gaulle.
The president is elected by the people, but is not the head executive power. Executive power belongs to the government, which has primary responsibility to the president and limited responsibility to parliament.
In a mixed republic, the president can appoint vice-premiers and ministers, regardless of party composition and forces. The appointment of the prime minister takes place in different ways: independently or with the consent of parliament. The president has the power to dismiss the prime minister, an individual minister, or the entire government.
Thus, in a mixed republic, the president does not belong to any of the branches of government, and the government is responsible to the president. (Russian Federation, Kazakhstan, Romania, France, etc.)
Non-traditional republics
There are other, atypical, types of republics. For example, a theocratic republic (Iran, Afghanistan). Some African countries are characterized by a peculiar form of a presidential monocratic republic: under the conditions of a one-party political regime, the party leader was proclaimed president for life, while the parliament had no real powers (Zaire, Malawi).
For a long time in domestic legal science, a special form of the republic was considered republic of Soviets. Its signs were called: frankly class character (dictatorship of the proletariat and the poorest peasantry), lack of separation of powers under the absolute power of the Soviets, a rigid hierarchy of the latter, the right to recall the deputies of the Soviets by voters before the expiration of their term of office (an imperative mandate), a real redistribution of power from episodically assembled Soviets in favor of their executive committees
A republic is a form of government in which the supreme state power is exercised by elected bodies elected directly or indirectly by the population for a specified term.
Signs of the republic:
· At the head of the state - the president and collegiate representative body(parliament).
· The urgency of state power. Election and turnover of the highest bodies of the state. Thus, state power is formed directly by the population (voters).
· Possibility of bringing to political and legal responsibility the highest officials of the state.
· The division of state power into judicial, legislative and executive, including mutual control or, as the term is often used, "checks and balances" and the interaction of all branches of government.
Types of republics.
Presidential republic. It is characterized by the combination in the hands of the president of the powers of the head of state and the head of government. The formal sign of a presidential republic is the absence of the post of prime minister, since the president himself directly heads the executive branch. The president forms the government and is the supreme commander in chief. Both the parliament and the president are directly elected by the people. It should be noted the significant independence, isolation of the government and parliament from each other. The government is not politically accountable to parliament. Parliament cannot express no confidence in the president. The president, in turn, has no right to dissolve parliament. The President has the right to veto laws passed by Parliament. Examples of a presidential republic are the USA, Mexico, Brazil, Argentina.
parliamentary republic. In this version of the republic, the president is the head of state with representative functions and formal powers. Executive power is exercised by the government headed by the prime minister. The prime minister is appointed by the president from among the ruling party or party coalition, which has a majority of votes in parliament. A parliamentary republic is characterized by indirect parliamentary elections of the president and a certain supremacy of parliament in political life state, due to the party nature of government. Parliament elects the president, forms the government and controls its activities. Parliament has the right to express no confidence in the government and dismiss it in its entirety or individual ministers. The president, in turn, always act with the consent of the government. The acts issued by him come into legal force after their approval by the government or parliament. Examples of a parliamentary republic are Austria, Germany, Switzerland, Italy, Israel, Turkey, India, Finland, Greece.
mixed republic characterized by a combination of different elements. In it, as institutions of state power, there are simultaneously a president with real powers, and a government, and parliament. Power functions in various proportions are divided between them. Examples are France, Russia, Yugoslavia.
There is currently a trend towards various forms board.
MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION FSEI HPE "SOUTH FEDERAL UNIVERSITY" FACULTY OF "LIFELONG AND ADDITIONAL EDUCATION"
COURSE WORK
Specialty 030501 "Jurisprudence"
Topic: " Republican form board. Concepts and signs.
Completed by: student Maslyuk A.V.
Checked by: Associate Professor Lavrinenko N.I.
Date of delivery of work: "__" February 2010
Date of protection of the work: "__" February 2010
Grade: ______________
Rostov-on-Don 2010
CONTENT.
INTRODUCTION
The form of the state is one of the most important categories of the conceptual apparatus of the theory of state and law. It is largely due to the essence of the state and is directly related to the main issue of politics - the question of the organization of state power, its structure. We can say that the form of the state is a structure, a certain model of the internal structure of the state, including its territorial organization, principles, methods of formation and interaction of state authorities, methods of exercising power that ensure the implementation of a certain state policy. It is easy to see that all of the above affects the most important aspects of the life (functioning) of the state.
The variety of forms of the state is explained by a number of reasons. The main ones among them are the following:
- historical traditions of the development of national states;
- historical features of the formation of national states;
- the real correlation of social forces in the country;
- the national composition of the country's population;
- the mentality of the population, expressed in "tolerance" in relation to the authorities;
- overseas experience;
- standards of living;
- the degree of influence of the former metropolises on the choice of the state form in the countries previously dependent on them;
- the role of the world community.
The main components of this category are such concepts as "form of government", "form of government" and "political regime".
The forms of state government are the structure of the highest bodies of state power, the procedure for their formation and the distribution of competence between them. There are two forms of government:
- Monarchy (ancient Eastern, Roman centralized, medieval early feudal, class-representative, absolute, modern constitutional);
- Republic (Athenian democratic, Roman aristocratic, Spartan aristocratic, medieval city-republics, modern parliamentary, presidential, socialist).
Monarchy (from the Greek "monarchia" - autocracy) is characterized by autocracy, i.e. possession of power in the state by one person and special form transfer of power from one supreme ruler to another, usually by way of succession to the throne. History knows several varieties of monarchy: absolute (or unlimited), constitutional, class-representative and elective.
Republic (from Latin "res" - business and "publicus" - public) - a form of government in which the organization and functioning of the highest bodies of state power are based on the principles of election and periodic replacement. In other words, under a republican form of government, the highest bodies of state power are either elected for a fixed term and citizens are legally allowed to elect them, or they are formed by a nationwide representative institution. In this term paper we will try to determine the main features of the republican form of government, the types of republics that exist now, and also talk about the form of government in the Russian Federation.
- REPUBLICAN FORM OF GOVERNMENT.
- Signs of a republican form of government.
The general features of a republican form of government are:
1. The existence of a sole or collegial head of state - the president and parliament. Parliament represents the legislative branch. The task of the president is to head the executive branch, but this is not typical for all types of republics.
2. Election for a certain period of the head of state and other supreme bodies of state power. So the president and parliament must be elected by the people for a fixed term.
3. The exercise of state power not at its own discretion, but on behalf of the people.
4. Legal responsibility of the head of state in cases provided for by law. For example, according to the Constitution of the Russian Federation, the parliament has the right to remove the president from office for grave crimes against the state.
5. Supreme power is based on the principle of separation of powers, a clear division of powers.
6. Binding decisions of the supreme state power.
The history of the formation of the republican form of government also knows such varieties as democratic (Athenian democratic republic) and aristocratic (Spartan, Roman). There were also feudal city-republics, which, as a result of strengthening their power, moved from urban self-government to the sovereignty of the state. Such city-republics were Florence, Venice, Genoa - in Italy, Novgorod and Pskov - in Russia. Free cities were also in Germany, France, England.
The republican form of government in its final form was formed in the Athenian state. As the public life it changed, acquired new features, and became more and more filled with democratic content.
- Types of republics.
How is Parliament elected?
How is the government formed?
- How much power belongs to the president.
In most modern republics, the head of state (mainly the president) is elected by popular vote of the country's citizens or by a popularly elected parliament. The power of the head of state is also limited depending on the Constitution - from rather solid powers (USA, Russia, France) to purely ceremonial and representative functions (Austria, Germany, Italy).
Unlike medieval republics, in many modern democracies not only the term of office of the president is limited, but also the number of terms itself. The power of the head of state is also limited, although to a different extent. All citizens of the country have the right to vote in the republics. However, even now in some countries elections are not universal. In South Africa, until the 1990s, blacks and mulattoes did not have the right to vote.
The institute of the nobility was abolished in the republics. All citizens have equal rights, however, not all permanent residents, even those born in the country, have citizenship.
However, a republic is not synonymous with democracy. In many countries, officially republics, presidential elections are canceled or take place on a non-alternative basis. At the same time, in many monarchical states, democratic institutions are widespread. And yet, in the republics there are more opportunities for the development of democracy.
Historically, there have been three main varieties of a democratic republic: presidential, parliamentary and mixed (sometimes this form is called semi-presidential). But, along with this, one can single out the Soviet republic, the Islamic republic, the people's republic.
A parliamentary republic is a kind of modern form of government in which the supreme role in organizing public life belongs to the parliament.
In such a republic, the government is formed by parliamentary means from among the deputies belonging to those parties that have a majority of votes in parliament. The Government is collectively responsible to Parliament for its activities. It remains in power as long as they have a majority in parliament. If the confidence of the majority of members of parliament is lost, the government either resigns or, through the head of state, seeks the dissolution of parliament and the appointment of early parliamentary elections.
As a rule, the head of state in such republics is elected by the parliament or a specially formed parliamentary collegium. The appointment of the head of state by the parliament is the main form of parliamentary control over the executive branch. The procedure for electing the head of state in modern parliamentary republics is not the same. In Italy, for example, the president of the republic is elected by the members of both chambers at their joint meeting, but at the same time, three deputies from each region, elected by the regional council, participate in the elections. In federal states, the participation of the parliament in the election of the head of state is also shared by representatives of the members of the federation. In Germany, the president is elected by the federal assembly, consisting of members of the Bundestag and an equal number of persons elected by the Landtags on the basis of proportional representation. Elections of the head of state in a parliamentary republic can also be carried out on the basis of universal suffrage. This is typical for Austria, where the president is elected for a six-year term.
The head of state in a parliamentary republic has the following powers: promulgates laws, issues decrees, appoints the head of government, is the supreme commander of the armed forces, etc.
The head of government (prime minister, chairman of the council of ministers, chancellor) is usually appointed by the president. He forms the government headed by him, which exercises supreme, executive power and is responsible for its activities to the parliament. The most essential feature of a parliamentary republic is that any government is only competent to administer the state when it enjoys the confidence of parliament.
The main function of Parliament is legislative activity and control over the executive branch. Parliament has important financial powers, since it develops and adopts the state budget, determines the prospects for the development of the country's socio-economic development, and decides on the main issues of foreign policy, including defense policy.
The parliamentary form of republican government is such a structure of the highest bodies of state power, which: really ensures the democracy of public life; personal freedom; creates fair conditions for human coexistence based on the principles of legal legitimacy. The parliamentary republics include Germany, Italy (according to the Constitution of 1947), Austria, Switzerland, Iceland, Ireland, India, etc.
The presidential republic is one of the varieties of the modern form of government, which, along with parliamentarism, combines the powers of the head of state and head of government in the hands of the president.
The most characteristic features of a presidential republic:
- non-parliamentary method of electing the president and forming the government;
- the responsibility of the government to the president, not to the parliament;
- broader powers of the head of state than in a parliamentary republic.
The classic presidential republic is the United States of America. The US constitution defines that the legislative power belongs to the parliament, the executive power belongs to the president (the post of prime minister is not provided for in the structure of the US state apparatus), and the judicial power is Supreme Court. The President of the United States is elected by the people of the country by indirect voting (elections) - through the Electoral College. The number of electors must correspond to the number of representatives of each state in Parliament (Congress). The government is formed by the president who won the election from persons belonging to his party.
The presidential form of government in different countries has its own characteristics. In France, the president is elected by popular vote. The candidate who receives the absolute number of votes is considered elected. The same procedure for electing a president has been established in Russia since 1991.
A characteristic of all presidential republics, despite their diversity, is that the president combines the powers of the head of state and head of government and participates in the formation of the cabinet or council of ministers (France). The president is endowed with other important powers: as a rule, he has the right to dissolve parliament; is the supreme commander; declares a state of emergency and martial law; approves laws by signing them; often represents in the government; takes part in the appointment of members of the highest judicial instances.
In civilized countries, a presidential republic is distinguished by a strong executive power, along with which, according to the principle of separation of powers, the legislative and judicial powers function normally. The effective mechanism of checks and balances that exist in modern presidential republics contributes to the possibility of harmonious functioning of the authorities, avoids arbitrariness on the part of the executive branch.
A kind of republican form of government is a semi-presidential, or mixed republic (Austria, Bulgaria, Ireland, Portugal, Poland, Finland, France, etc.). In states with this form of government, strong presidential power is simultaneously combined with the presence of effective measures to control the parliament over the activities of the executive branch represented by the government. Thus, the government is simultaneously responsible to the president and the parliament of the country.
The history of Russia, as well as foreign historical experience, testifies to the need to centralize state administration in countries not only with a large territory, but also with big problems. Russia has enough of both at the present stage of historical development. It should be noted that strong power and authoritarianism are far from being synonymous. For example, the Chancellor of Germany has a very large amount of power, but it is difficult to call him a dictator.
In countries Latin America"super-presidential republics" are often encountered. This form of government is practically independent, weakly controlled by the legislature and judiciary. Most often, they apply the principle of direct election of presidents directly by the population.
State government is a kind of conglomerate of the traditional form with semi-dictatorial management. In fact, absolute power is by no means always a guarantee of a stable socio-economic structure of the state. As a rule, in such states the standard of living of the population is at a low level.
From 1985 to 2004, the average growth rate of the Latin American economy was 2.6%. In general, this growth was 3.5% in the world, and 7% in Asian countries. The liberal reforms carried out in the countries of Latin America in the 90s of the XX century did not allow to solve social problems. The proportion of Peruvians living below the poverty line in 2004 was 54.7%, in Bolivia - 62%, in Mexico - 37%. one
In such states special status President is enshrined in the texts of constitutions. A number of constitutions authorize them to "personify the nation" (Constitution of Peru) or declare them "supreme head of the nation" (Constitution of Argentina). He concentrates all power in his hands: he is the head of state, heads the executive branch and the armed forces. During the period of internal unrest and interstate armed conflicts, he has a wide range of emergency powers.
Under supra-presidential forms of government, as noted in the report of the United Nations Development Program on Central Asia,
- Anatomy of family regimes (the stability of super-presidential regimes turns into insoluble problems) // Kommersant. 2006. February 7.
In such states, in the presence of all the formal attributes of democracy, there are no real levers of influence (balances) on the decisions made by the president.
In states Central Asia supra-presidential forms of government have practically become the rule, not the exception. As practice shows, they are able to ensure political stability, the effectiveness of public administration and high growth rates of economic development. As a rule, appointment to leadership positions in such states is based primarily on the personal loyalty of candidates. To retain power, a system of total centralized control over all spheres of public life is being created. Another feature, for quite understandable reasons (attractiveness to power, fear of possible legal prosecution), should be considered the problem of the voluntary departure of the super-president from the political arena.
According to experts, there are more than 130 heads of state in the world who are called presidents, but actually have dictatorial powers. In a number of African countries, the frequency of re-election of heads of state is not limited. Therefore, they have been at the head of the country's leadership for a long time. As of March 2, 2005, the "long-livers" in their posts were the presidents of the following republics: Togo (Gnassingbe Eyadema since April 14, 1967); Gabon (Omar Bongo since December 2, 1967); United Arab Emirates (Sheig Zayed bin Sultan al-Nahyan since December 2, 1971); Maldives (Momun Abdul Mayum from November 11, 1978); Equatorial Guinea (Teodoro Obiang Nguema Mbasogo with 3
1. Anatomy of family regimes (the stability of super-presidential regimes turns into insoluble problems) // Kommersant. 2006. February 7.
August 1979); Angola (Jose Eduardo dos Santos from September 21, 1979); Egypt (Hosni Mubarak from October 14, 1981 - in September 2005, with 88.6% of the vote, was re-elected for the fifth time for a 7-year presidential term); Cameroon (Paul Biya since November 6, 1982); Mauritania (Thaya Maouide Ould Sidi Ahmed from 12 December 1984); Uganda (Museveni Yoweri Kaguta from 26 January 1986); Zimbabwe (Mugabe Robert Gabriel from 31 December 1987); Chad (Debi Idris from December 4, 1990). one
At the same time, regional political traditions in Latin American countries are directly opposite to those in Africa. For example, from the end of World War II to December 2005, Argentina and Bolivia each had 30 heads of state, while Brazil, Guatemala, Panama, Ecuador, and Haiti had more than 20 heads of state.
Often in a number of countries women are elected to the highest government posts. You can verify this by looking at the following table.
- President of Liberia Ellen Johnson-Sirleaf, elected November 8, 2005
President of Chile Bachelet Michel, elected January 15, 2006
Finnish President Tarja Halonen, elected 29 January 2006
President of Ireland McAleese Mary, elected 31 October 1997
Philippine President Macapagal-Arroyo Gloria, elected May 10, 2004
Chancellor of Harmania Merkel Angela, elected on 18 September 2005 2
______________________________ ______________________________ ______
1.Presidents with the longest experience. Top 10 // Kommersant 2005. March 2
2. Vasilyeva A. Favorite women of the voter // Kommersant. February 1, 2006
- The process of transferring power.
For example, in the parliamentary elections held in April 2006 in Italy, a parliamentary republic, Romano Prodi defeated the country's incumbent prime minister by only six hundredths of a percent of the vote. The losing center-right coalition questioned the objectivity and completeness of the vote count. After an additional check of about five thousand controversial ballots, the Italian Supreme Court of Cassation, which is the country's highest court, confirmed the victory of the center-left bloc led by Romano Prodi. This decision did not cause a negative reaction of the dissenting part of the voters.
At the same time, in some former socialist states, the election results provoked the "successful" implementation of a number of "color revolutions" (Georgia, Kyrgyzstan, Ukraine) or an attempt to carry them out (Belarus in March 2006). Scenarios for this method of coming to power were developed and financed from abroad.
China's experience shows that an organized and planned transfer of supreme power within a non-democratic system is not only possible, but is one of the most important factors in its stability. The Chinese political elite over the past twenty years (since the mid-1980s) has been following the path of formalization and institutionalization of mechanisms for the distribution and transfer of power. The country has introduced formal restrictions on the length of stay of top management in their posts. The procedure for nominating new leaders is carried out within the framework of "intra-party democracy". This makes it possible to preserve the existing system of power, which is based on the competition of regional and sectoral clans.
The process of transferring power to the current leader of the country (March 2006) Hu Jintao began in March 1998 through his election as Vice President of the PRC. This position is the fifth step in the unofficial hierarchy of the Chinese government. In October 1999, he became Vice Chairman of the Central Military Council of the Communist Party of China and the Central Military Council of the PRC. The process of transferring power in the country to the leaders of the "fourth generation" was timed to coincide with the 16th Congress of the CPC at the end of 2002. Hu Jintao was elected General Secretary of the CPC at it. A few months later, he holds the position and chairman of the State Council of the PRC. one
1. Operation "Heir" (in Russia there are no mechanisms for not only democratic, but also non-democratic transfer of power) // Kommersant. 2006. February 13.
2. IMPEACHMENT OF THE PRESIDENT.
The historical experience of a number of states shows that society cannot be insured against illegal actions, even by leaders of states. Therefore, as an administrative preventive measure, which has as its focus not only the prevention, but, if necessary, the suppression of unconstitutional actions, states with a republican form of government provide for the possibility of impeaching the president of the country (including Russia). During the period of official impeachment, the texts of constitutions provide for restrictions on the powers of presidents related to the possibility of introducing special legal regimes or dissolving parliaments.
The procedure for announcing impeachment is of a complicated procedural nature. The time limits and the sequence of actions of the initiators of the process determined by law (deputies of parliament) are strictly regulated and controlled by the legislative and judicial branches of power. Therefore, the impeachment procedure is not so often resorted to. However, for last years the heads of several states, under pressure from parliament, had to resign early.
On charges of actions contrary to the interests of the country and inconsistent with the constitution, the following were removed from their posts: President of Brazil Fernando Color de Melo (September 29, 1992 on charges of corruption); Ecuadorian President Abdalu Bucarama (February 6, 1997 on charges of embezzlement of public funds and declared physically and mentally incompetent); Peruvian President Alberto Fujimori (November 21, 2001); Indonesian President Abdurrahman Wahid (July 23, 2001 for a number of corruption scandals).
In early December 2003, a special commission of the Seimas of Lithuania, investigating the scandalous story of the connection of the country's president Rolandas Paksas with the "Russian mafia", began the official impeachment procedure, concluding that the president was not fully independent and independent in his actions. He "was and remains vulnerable, which poses a threat to the country's security." one
On March 31, 2004, the Constitutional Court of Lithuania, in its opinion, recognized three of the six previously formulated charges against the president as true:
- grossly violated the Constitution of the country by illegally granting Lithuanian citizenship to Russian businessman Yuri Borisov, the main sponsor of his election campaign;
etc.................
Like the monarchy, the republican form of government has a long history. She originated in ancient world and reached its peak in the Athenian Republic. Its highest body was the People's Assembly, elected by full and free citizens of Athens. The People's Assembly passed laws, decided questions of war and peace, and acted as a court. Along with the National Assembly in Athens, there was an elected supreme body management - the Council of Five Hundred. He was in charge of managing finances, controlling the activities of officials, and implementing the decisions of the People's Assembly.
The republican form of government was preserved in the Middle Ages in cities that had the right to self-government (Novgorod, Pskov, Genoa, Venice, etc.).
In France, the republican form of government was finally established only with the adoption of the Constitution of 1875 after the two-fold restoration of the monarchy.
Switzerland and the state of San Marino have this form of government from the beginning. At the same time, the originality of the organization of state power in San Marino lies in the fact that legislative power belongs to the General Council (Generale Consiglio Principe) of 60 life members, of which 20 belong to the nobility, 20 to citizens of the city, 20 to rural landowners. The vacated seats are replaced by the Council itself through co-optation. Executive power is vested in two Capitani Reggenti, elected for six months by the Council from among themselves, one of whom must be a nobleman.
Most of the modern European republics have gained this form government after the military and revolutionary upheavals of the 20th century, associated primarily with the two world wars. AT South America successful armed national liberation struggle former colonies against the monarchical metropolises, too, as a rule, gave rise to a republican form of government. Similarly, in Africa and Asia, the collapse of the colonial system in the middle of the 20th century. led, with few exceptions, to the formation of republics.
Other things being equal, a republic is the most democratic form of government, since it assumes that the powers of any branch of government, any of its highest bodies, including the head of state, are ultimately based on the mandate of the people. But the conclusion is true only under otherwise equal conditions. The fact is that there are sophisticated varieties of the republic, characterized by the illegitimacy of power. For example, when a country coup d'état, as a result of which the sole dictator becomes the head of state (he can be called anything: president, coordinator, leader, general secretary the central committee of the party, etc.) or a group of dictators, the form of government can officially proclaim or remain republican, but its democratic essence is destroyed. This also happens when a legally elected or appointed official (president, prime minister, etc.) seizes powers that do not belong to him under the constitution, refuses to leave his position after the expiration of his term of office - in a word, when he usurps power . So did A. Hitler in Germany in 1933, J. Mobutu in Zaire (then Congo) in 1960, "black colonels" in Greece in 1967, A. Pinochet in Chile in 1973.
Unfortunately, these are not the only examples of such actions. History also knows cases of replacing the monarchy with a republic, which meant the liquidation of the democracy that existed under the monarchy. So, the same Greek "black colonels" in June 1973 liquidated the monarchy, but such a "republic" did not add democracy to the country. Some republics differ little from absolute monarchy tropical Africa where, despite the existence of a parliament and formally independent courts, the power of the president is practically unlimited. The change of presidents here usually occurs only as a result of their death or a military coup, and by no means general elections. Re-elections for a new term are more of a ritual than a real character. In Malawi, for example, the president is generally in office for life. The socialist republics served and serve as a cover for the one-man dictatorship general first secretary of the Communist Party or the group dictatorship of the Politburo of its central committee.
The term "republic", translated from Latin as "common cause", denotes a form of government, the legal construction of which assumes that the only subject of sovereignty is the people. In a republic, the highest powers of state power must be exercised by officials (president, deputies of parliament, etc.) elected for a definite term.
In this way, features of a republican form of government are.
electivity;
Collegiality of one or several higher state bodies;
legality;
The short term of legislatures and the replacement of the highest positions of executive power.
Having considered the monarchical form of government, we can conclude that the distinction between the monarchy and the republic according to the criteria of election, collegiality, legality and short-term implementation official duties very conditional, given that the election of the monarch, as noted, does not constitute a rare exception, that collegiality in the republic is not characteristic of all state bodies (this feature is completely absent in nominal republics).
When a republic and a monarchy are contrasted, then a real monarchy is meant by a monarchy, first of all, the absolute one, which took shape in the period of late feudalism and is really the opposite of the republic. As a variety of real monarchies, ancient monarchies also adjoin absolute monarchies, in particular, the Roman Empire of the era of dominance, as well as early feudal and estate-representative monarchies, in which the power of the monarch was limited by the privileges of vassals or a body of estate representation such as parliament, convened by the monarch.
Real monarchies are characteristic of pre-industrial society, while the industrial one is characterized by republics and nominal monarchies.
At the same time, nominal (in particular, parliamentary) monarchies are not the opposite of a republican form of government, since, in fact, the organization of state power in a parliamentary monarchy is no different from the organization of state power in a parliamentary republic. Proceeding from this, it is quite appropriate to speak in general about the existence of states with a parliamentary form of government.
Republican ideology is based on the principle of formal equality. The ideologists of republicanism at one time believed, not without reason, that only republican (collective) government could ensure such equality. “The laws of democracy in general seek the good largest number citizens, who can make mistakes, but cannot have interests contrary to himself, ”A Tocqueville pointed out.
This idea was supplemented by F. Fukuyama, who explained that a republican form of government is possible only in combination with a democratic one. political regime; socialism, authoritarianism, and even more so totalitarianism are regimes that generally take the republic beyond the scope of the study of forms of government.