Abstract

The paper proposes a political and legal approach to conceptualizing modern democratic state as law-governed, social and secular. It defines legal, institutional, and socio-political characteristics of law-governed, social, and secular state. Law-governed state is generally acknowledged to be the basic politico-jurid ical form of democrat ic state in the 21th century. It seems feasib le to define the essence of the law-governed state in the follo wing manner. In a law -governed, it is law, impart ial and tolerant to different world -views and convictions, that is a universal regulator of social relat ions, whose purpose is stabilizat ion of the entire social space. Law also has a definit ive influence on such a specific sphere of social life as politics, wh ich, along with law, is a universal regulator o f that segment o f social relations which is concerned with competit ive relat ions and interactions among individuals and groups in order to obtain, keep, and utilize state power. It is law that defines the system of values and regulations of the representative poliarchy as a modern fo rm of ical and governmental organizat ion and its basic, according to Robert Dah l(1), polit ical institutions . Dissemination of social rights as a type of human rights in the 20 th century fostered democratic state of law to transform into social state. Social state can be defined in general terms as such an organization of state order which is aimed at guaranteeing the population its social rights and compels the state to protect those rights. Furthermore, the secular character of the state is one of the basic principles of the law-governed state functioning and development within national models. In the judicial context, secular state is such an organization of state order that is specifically aimed at observance and protection of freedom o f t houg ht , co nscience, and religi on as well as other convict ions, includ ing non-relig ious ones, as stated in a binding form by article 18 of the General Pact of Civil and Political Rights, i.e. at an actualization of the principle of state's non intervent ion and to leran ce towards different

Highlights

  • Law-governed state is generally acknowledged to be the basic politico-jurid ical form of democrat ic state in the 21th century

  • Law has a definit ive influence on such a specific sphere of social life as politics, wh ich, along with law, is a universal regulator o f that segment o f social relations which is concerned with competit ive relat ions and interactions among individuals and groups in order to obtain, keep, and utilize state power

  • Social state can be defined in general terms as such an organization of state order which is aimed at guaranteeing the population its social rights and compels the state to protect those rights

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Summary

Introduction

Law-governed state is generally acknowledged to be the basic politico-jurid ical form of democrat ic state in the 21th century. Social state can be defined in general terms as such an organization of state order which is aimed at guaranteeing the population its social rights and compels the state to protect those rights. Secular state is such an organization of state order that is aimed at observance and protection of freedom o f t houg ht , co nscience, an d relig ion as well as ot her convict ions, includ ing non-relig ious ones, as stated in a binding form by article 18 of the General Pact of Civil and Political Rights, i.e. at an actualization of the principle of state’s non intervent ion and to leran ce to wards d ifferent

Objectives
Methods
Law-Governed State
Social State
Secular State
Findings
Conclusions
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