Koval O. Legitimacy of the government: the ratio of legal and moral aspects of implementation

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001362

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

30-03-2018

Specialized Academic Board

Д 35.052.19

Lviv Polytechnic National University

Essay

In the dissertation the complex investigation of the correlation of legal and moral aspects of the realization of the legitimacy of state power was carried out. The main theoretical and methodological approaches to studying the notion of legitimacy in the form of legal, political and legal dimensions and relations with other concepts are revealed. It has been determined that legitimation is a public process of certification, approval, justification or proof of the validity and necessity of a particular social action, status or institution. In the politico-legal field, the validity and necessity of obeying the highest principle - justice. Legitimacy of power involves reconciling its actions with the ideas of people not only about justice, but also about legality and expediency. That is why the legitimacy should be considered as the degree of adequacy of institutions of state power, power structures, as well as specific individuals, carriers of this power to the ideas of society about the above requirements of justice, legality and expediency. The forms of legal representation of the principle of the legitimacy of power are analyzed. The forms of realization of representation of the principle of the legitimacy of power are revealed. There are two main legal forms of legitimization of power: they are mediated (creation of conditions for the legitimation of state power) and direct ones (the activity of the government is directly aimed at its legitimation). By indirect forms include economic focus on the social sphere. For example, the economic consolidation of the system of socio-economic rights, the establishment of a minimum wage, all this, in essence, is a system of legal means that provide primary trust in state power. These funds are formal, may not be so significant to create lasting trust, but the role of law in this process is obvious. In addition, cultural forms of mass propaganda belong to indirect forms. Advocating, the government persuades the population in their usefulness, it shows its significance, notes its contribution. The policy of legitimizing power as gaining recognition, confidence is carried out by the state through the system of socialization of personality, education, education, culture. A detailed analysis of the peculiarities of the legitimacy of power in the norms and principles of law has been carried out. The basic moral and ethical concepts of the legitimacy of power are substantiated. It is noted that the exercise of state power in accordance with established and accepted forms and norms is not a guarantee that the state power is considered legitimate. The procedure for obtaining legitimacy, established by the state authorities, also requires moral and legal consolidation and public recognition. State power is legitimate only in the case of the validity in the public consciousness of the rules of state power established by law and its compliance with the generic principles of society. The collisions of rethinking the notion of the legitimacy of power and practical implementation in the conditions of globalization are investigated. Further optimization of the level of legitimacy of state power should be carried out, first of all, by legal optimization of the powers of state authorities and the distribution of their responsibilities, restraining in the legal form of activity. The meaning of legislative restraint as a legitimation is to add the established boundaries of the state apparatus's legal form and to ensure the predictability of the activities of the state apparatus in concrete manifestations of the actions of state authorities. The prospects of interaction of moral and legal principles of legitimacy of state power in the information society are determined. It has been determined that optimization of the level of legitimacy of state power should be carried out through the development of public control institutions on the activities of state authorities, the activation of civil society institutions and the freedom of legal development of citizens in the communicative system of public authorities and society. Provided that the independence of the individual is really significant, then the formation and strengthening of civil society is possible.

Files

Similar theses