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Legal system of modern states

Learn more about the concept of the state system

And first of all, let's focus on the concept of the state system.

As we have already mentioned above in the history of mankind, we will not be able to find two completely identical states. Each state is unique, unique and has its own identity. This is influenced by a number of factors: natural and climatic conditions, geopolitical factor, religion and culture, traditions and customs. Features of each state are manifested in the way of territorial division, and in the degree of centralization of state power, which are the most important components of such a concept as "form of state structure".

The form of the state structure is part of the form of the state, along with the form of government and political regime. So, what is the definition of "form of state structure"?

The form of the state structure is an element of the form of the state, characterizing the internal structure of the state, the way of its political and territorial division, which determines certain relations of the bodies of the whole state with the bodies of its constituent parts.1

To date, two forms of state structure can be distinguished:

  • A simple form, which is represented by a unitary state.
  • Complex form - federation and confederation

In addition to these forms of government, there have been some other specific forms of government in history - empires, protectorates, etc. Thus, empires are state formations, the distinctive features of which are extensive territorial basis, strong centralized power, asymmetrical relations of domination and subordination between the center and the periphery, heterogeneous ethnic and cultural composition of the population. Empires (e.g. Roman, British, Russian) have existed in different historical periods.2

Forms such as unitarism and federation are quite common, both in the past and in our modern world. Ancient Greek city-states, countries of the ancient East are all examples of unitary states. They existed in all historical epochs. We can now see modern unitarism in Denmark, Poland, Finland, France, Japan and other countries. If we look at the modern world based on the number of states, then unitary states are absolutely dominant.

Federalism is a phenomenon that also has a long history. Since ancient Greece, there have been alliances of states, which are often seen as prototypes of the federation (such as the Achaean Union). Classical is the type of treaty federations that were formed as a result of the integration of previously autonomous states, but not necessarily as fully-fledged ones. Such integration was more often defensive in nature. To date, the federal type is represented by such countries as the United States, Australia, Austria, Argentina, Russia, etc. Federal states are present on all continents of the winter globe and occupy leading positions everywhere.

Confederation is a rarer phenomenon. The most striking examples of confederations in the world practice were the United States of America at the initial stage of its formation and the Swiss cantons, which emerged in 1291 as a result of the signing of the treaty between the German cantons of Schwyz, Uri and Unterwalden. In today's world, there are no States with strictly confederative features. However, we can observe certain features of the confederation between the union of Russia and Belarus, as well as the European Union.

https://cdn.pixabay.com/photo/2017/08/07/22/15/flag-2608475_1280.jpg
https://cdn.pixabay.com/photo/2017/08/07/22/15/flag-2608475_1280.jpg

It should be noted that each of the forms of the state structure has the right to its existence and the choice of one form or another depends only on the state itself. However, we can notice the following trend. The choice of the form of the territorial structure of the state is directly related to the national composition of the country. Multinational states, as a rule, with significant and compactly living national minorities use the federal form. Unitary form is more typical for mono-national and small states.

The national attribute of building a federation means that each of its subjects is formed on the basis of a dominant nation or titular nation (which is indigenous, but not the main one for this subject). In the modern world these are India, Malaysia, Nigeria, South Africa, etc.

In the territorial approach, the subjects of the federation are based on a mixed ethnic composition. This can occur when the leading state nation has a numerical predominance in all regions of the country or when the entire territory of the state has a diverse national composition.

The form of the state structure of a state also depends on which states it comes into contact with, on what basis they are formed, as well as on what kind of ties it maintains with other states. Indeed, when a State enters into relations with subjects of international life in order to resolve certain issues, it may often give up part of its sovereignty, autonomy, even without the benefit of its own resources.

In summary, the following conclusions can be drawn:

The form of government is an important and integral part of the state, as it reveals the way in which the state or states forming the union is organized territorially. It defines the internal structure of the State, the division of the State into its constituent parts (territories) and the principles of their relationship with each other. There are three types of state structure: unitarism, federation and confederation. Let's consider each of them in detail.