Monarchy – a government in which the supreme power is lodged in the hands of a person engaged in reigning who reigns over a state or territory, usually for life. The concept and the essence.The succession to the throne as the element of the Monarchy.
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Coursework

The monarchy. Concept and kinds

Introduction

There are always shades of gray in any government. Even the most liberal democracies limit rival political activity to one extent or another, and even the most tyrannical dictator must organize a broad base of support. In every State there is a supreme organ, in which power is concentrated and to which all other organs are subordinate. The form of this organ stamps a peculiar mark upon the State, and it is natural therefore to make it the basis of a division of States.Johann Caspar Bluntschli. The theory of state, second edition, oxford, 1992, p.329 Four different forms of State are specifically divided, as Aristotle recognized, by the different conceptions of the distinction between government and subjects, especially by the quality of the ruler.

In Monarchy the distinction between government and subjects is complete, but it is again human. The government is concentrated in an individual, who is merely a ruler, and not at the same time a subject, but who belongs altogether to the State, and personifies the unity of the nation. Monarchy glorifies the unity of humanity in Man ' as an individual: the ruler represents the collective State, the national unity is personified in its prince. Manava Dharma Sastra. Laws of Manu (trans, by Sir W. Jones), v. 96, 97 ; vii. 3-8.

The currency of the topic, which I chose is that even in the modern world, despite the fact that the republic is historically more progressive form of government, the dispute between it and the monarchy continues. The number of monarchies in the world is quite large, and occasionally disputes arise, whether the monarchy has a right to exist, whether it is a progressive form of government or restricts the development of democracy.

The aim of this work is to consider the organization of the monarchy and its historical and modern kinds.

The object of this work is the social relations arising in connection with the operation of the monarchical form of the government.

Based on the aim, the tasks of the work are:

- to disclose the concept of a monarchy and its characteristic features;

- to study the varieties of the monarchy in a modern world;

- to disclose the concept of succession;

- to consider the advantages and disadvantages of the monarchy as a form of government;

- to study the historical forms of the monarchy.

In my coursework I mainly used educational and monographic literature, made by leading experts in this sphere, namely the works of such authors as: Dante Alighieri, Jennifer Fandel, Johann Caspar Bluntschli, Katy Schiel, Венгеров А.Б., Скакун О.Ф., Матузов Н.И, Марченко Н.М., Ирхин Ю.В.

1. The concept and the essence of the Monarchy

Monarchy is the most widely recognized form of State in the world. It is found in all continents, in Asia and Europe it is almost universal, and it has been so from the beginning of history to the present day. The word monarch comes from the Greek ???????? (from ?????, «one/singular,» and ?????, «leader/ruler/chief») which referred to a single, at least nominally absolute ruler.

The government is, indeed, made up of a minority, but a minority as superior in power as it is inferior in numbers. The selfish interest of the monarch multiplies itself, and occupies the bosom of every subordinate; not only commanding the numerical force of all, but also all their means of private and personal influence. George Sidney Camp, Democracy, BiblioLife, 2009, p.122

Monarchy - a government in which the supreme power is lodged in the hands of a person engaged in reigning who reigns over a state or territory, usually for life and by hereditary right. Ambrose Bierce, The Devil's Dictionary, Washington, 1906 p. 163 The monarch may be either a sole absolute ruler or a sovereign - such as a king, queen, or prince - with constitutionally limited authority. The World Factbook 2009. Washington, DC: Central Intelligence Agency, 2009.

The notions «Sovereign» (or «Monarch») and the «Crown» are related, but have separate meanings:

· the Sovereign is the person in whom the Crown is constitutionally conferred;

· the Crown, which represents both the Sovereign and the Government, is the symbol of supreme executive power. The Crown is vested in the King (Queen) but in practice its functions are carried out by ministers responsible to Parliament. For example, Britain is therefore governed by Her Majesty's Government in the name of the Queen, although the Queen's involvement is still required in many important acts of government.

Thus, the main features of classical monarchical forms of government are:

1. the existence of the sole head of state using his power during the life (king, duke, emperor, Shah);

2. hereditary (according to the law of succession) the order of succession of the supreme power;

3. monarch personifies the unity of the nation, the historical continuity of tradition, represents the state in the international arena;

4. legal immunity and independence of the monarch.

The best reason why Monarchy is a strong government is, that it is an intelligible government. The mass of mankind understand it, and they hardly anywhere in the world understand any other. It is often said that men are ruled by their imaginations; but it would be true to say that they are governed by the weakness of their imaginations.

The nature of a constitution, the action of an assembly, the play of parties, the unseen formation of a guiding opinion, are complex facts, difficult to know and easy to mistake. But the actions of a single will, the fiat of a single mind, are easy ideas: anybody can make them out, and no one can ever forget them. When you put before the mass of mankind the question, «Will you be governed by a king, or will you be governed by a constitution?» the inquiry comes out thus - «Will you be governed in a way you understand, or will you be governed in a way you do not understand?» The issue was put to the French people; they were asked, «Will you be governed by Louis Napoleon, or will you be governed by an assembly?» The French people said, «We will be governed by the one man we can imagine, and not by the many people we cannot imagine». Walter Bagehot, The English Constitution, 2009

German encyclopedias of legal science define the monarchy as the absolutism and dictatorship, and consider that the basic characteristic of this form is that state power is concentrated in the hands of one person. Evgeny Pashukanis The Marxist Theory of State and Law 1932 p.65 Power is absolute and is either taken through conquest or passed down to family members without regard for ability or appropriateness. The resources and wealth of a country is generally preserved solely for the hedonistic and self-fulfilling desires of the reigning monarch with little regard for the general population or its welfare. A king is a king, not because he is rich and powerful, not because he is a successful politician, not because he belongs to a particular creed or to a national group. He is King because he is born. Jacques Monet, in "The Canadian Monarchy" in The West and the Nation : Essays in Honour of W. L. Morton (1976), edited by Ramsay Cook, and Carl Berger. p. 324 The inhabitants of a country under a monarch are alive to serve the monarch. In contrast the inhabitants of a republic are served by their leaders. Among his advisers in the early stages of this form of government were a lot of forecasters, prophets, religious ministers.

The original form of government in all the ancient states was, as Aristotle informs us, monarchical. The general prevalence of this form of policy all over the world is easily explained.

Throughout history there were various types of monarchies:

1) Oriental despotism, based on the Asian proceeding;

2) Antique (slavery);

3) feudal:

a) early-feudal, characterized by a high degree of decentralization;

b) a class-representative - power of the monarch combined with the presence of a class-representative body (Spain-Cortes, France - General states, England - Parliament);

c) absolute;

4) constitutional. Скакун О.Ф. Теорія держави і права: Підручник / Пер. з рос. -- Харків: Консум, 2001. C.80

The first thing wanted in all society is unity of action and consistent adherence to a common plan; and as the greatest obstacle to this is the spirit of individualism and the tendency of great masses of men to split into parties, which makes co-operation difficult, the obvious remedy is found in submission to the supreme authority of a single dominant will. This enforced subordination, useful in peace, becomes necessary in war; and as in the early stages of society hostile encounters are so common as to become a recognised part of e...