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Legal system of modern states

Legality and legitimacy of political power

Legitimate political power is a concept to describe the property of political power, which is characterized by the following features:
-It is legal in nature;
-Formation, functioning, activity of public authorities is justified by legal acts and legal relations;

Legitimate political power is a concept for denoting such political power, which is characterized by the following features:
- The activity of its bodies is based on the support of the subordinate bodies;
- The power is mutually trustworthy: the people trust the power to carry out certain functions, and the power undertakes to carry them out, using various mechanisms and ways;
- is not a legal process, so it does not have legal functions from a political point of view.

M. Weber introduced the term legitimacy into scientific use and singled out three main types of legitimate domination: traditional, charismatic and legal.
1) Traditional domination - based not only on the belief in legality, but even on the sanctity of the ancient orders and authorities - based on customary norms;
2) Charismatic - an extraordinary ability, property, quality of an individual, which distinguishes him among others, not so much acquired by himself, but rather granted him by nature, God. Charismatic authority is not bound by norms or rules. This is explained by the special nature of faith in the special qualities of charismatic power. Decisive for the emergence of a charismatic attitude is not so much the possession of charisma as the recognition of it by followers.
3) Legal domination - is based on the recognition of voluntarily established legal norms aimed at regulating the relations of management and subordination. Legal domination arises in the conditions of formation of market economy and is embodied in the rule of law.

American School of Political Science (D. Easton). In their view, legitimacy is "the extent to which members of the political system perceive it as worthy of support". He conducted a typology of support by object, content and time of its action. 1) Diffuse legitimacy is a general (functional), long-term, mainly emotional support of ideas and a prince, political power, regardless of the result of its activity. 2) Specific legitimacy - situational, short-term, result-oriented and based on conscious support of power and how it works.

https://cdn.pixabay.com/photo/2016/09/27/19/40/crowd-1699137_1280.jpg
https://cdn.pixabay.com/photo/2016/09/27/19/40/crowd-1699137_1280.jpg

In the political science literature there are 3 levels of legitimacy of power:
1) Ideological: power is recognized as justified by internal conviction or belief in the correctness of those ideological beliefs that it proclaims; the source of legitimacy is ideological values;
2) structural: the legitimacy of power results from the belief in the legality and value of established structures and norms regulating political relations; the source of legitimacy is specific political structures;
3) personal: based on the approval of the person in power; the source of legitimization is the personal authority of the ruler.

If we compare the 3 branches of state power in modern Russia, their legitimization has different grounds and levels.
Presidential power as a supreme power is legitimized mainly by cultural archetypes and correlates primarily with the moral ideal of Truth. Here, legitimacy is at a personal level.
Legitimacy of executive power is sanctioned by the mentality and is consciously evaluated. Here the legitimacy is at the structural level. The executive power in Russia should be socially effective (capable of conducting politics in accordance with the expectations of different population groups and maintaining social order in the society).
Legislative power . The majority of the population does not pin its hopes on legislative authorities.
Judicial power. Here the legitimacy is also at the structural level. Legitimacy of the judiciary in Russia is low due to confirmed corruption.
An example of legalization of political power can be Russia after the events of October 1993. Representatives of the new political course headed by the President of the Russian Federation B.N. Yeltsin already in December 1993 issue new laws that consolidate their power in the country. The main moment of legalization was the holding of a national referendum on the adoption of the new Constitution of the Russian Federation.