FORM OF STATE AND FORM OF GOVERNANCe and Constitutional Governance

Muchamad Ali Safa’at

FORM OF STATE
 Unitary
 Federation
 Dominion
 Ex-British colonization.
 Independence but recognize the King of England as their
King.
 The British Commonwealth of Nations.
 Protectorat
 State under protection other state
 Colonial Protectorat  can not make international relation
 International Protectorat  can make international relation

FORM OF GOVERNANCE
 Monarchy
 Power rested in one person. Lead by the King, Hereditary,
without limitation.
 Absolut Monarch
 Constitutional Monarch

 Oligarchie
 Power of the state in few person
 Aristocracy  royal person
 Plutocracy  Trader, enterpreneur
 Autocracy
 Power rested in one person, although there are other state
organ.

FORM OF GOVERNMENT
 Democracy:
 The souveregnity belongs to the people
 Vox Populi, Vox Dei
 Abraham Lincoln: governemnt from the people, by the
people, for the people .
 2 Classification:



Direct Democracy
Representative Democracy

DEMOCRACY
 CF STRONG:
 that form of government in which the ruling power of a state is legally vested,
not in any particular class or classes, but in the members of a community as a
whole
 CHARATERISTIC OF DEMOCRACY
 That all should govern in the sense that all should be involved in legislating, in
deciding on general policy, in applying laws and in governing administration.
 That all should be personally involved in crucial decision-making, that is to say,
in deciding general laws and matters of general policy.
 That rulers should be accountable to the ruled; they should, in other words, be
obliged to justify their actions to the ruled and be removed by the ruled.
 That the ruler should be accountable to the representatives of the ruled.
 That rulers should be chosen by the ruled.
 That rulers should be chosen by representatives of the ruled.
 That rulers should act in the interest of the ruled.

THE RULE OF LAW AND
RECHTSTAAT

 THE RULE OF LAW
 The supreme of the law and denied the arbiritariness
(legality principle).
 Equality before the law, no one above the law.
 Guarantee of basic rights and freedom. Constitutional
guarantee is not the source but the consequences.
 RECHTSTAAT
 Conflict between state and church
 Law should be writen and enacted
 Droit administaratif

RECHTSTAAT (Julius Stahl)
 The Protection of Human Rights
 Distribution of Power
 Governance based on law
 Administrative Court

International Commission of Jurists
 Constitutional protection of human rights;
 Independent and Impartial Judiciary;

 Free and Fair General Election;
 Freedom of Expression.
 Fredom of Association and opposition.

 Civic education.

THE IMPORTANCES OF DEMOCRACY AND
THE RULE OF LAW
 To achieve the goal of the state  human rights
 To limit the power of the state. Powers tend to

corrupt, absolut powers corrupt absolutly .
 How to achieve the goal and limit the power:
 Separation/Distribution of power;

 Constitutional guarantee of human rights;
 The organization of the state.

THEORETICAL FOUNDATION

CONSTITUTION

People as the souvereign

(General Agreement become
the supreme law of the land)

Democracy

Nomocracy

1.
2.
3.

1. Supremacy of the
constitution
2. Legality Principly
3. Independent Judiciary

4. Human Rights Protection

Separation of Power
Checks and Balances
Public control

Constitutional Democracy
Democratic Rule of Law
Democratische Rechtstaat