Welfare in different types of states

The Social Democratic Welfare State

This is a welfare model that was developed and introduced in northern Europe, especially, from the 1940s onwards. In it all the citizens of a state are offered benefits and services in the area of education, healthcare and employment. The aim is to reduce inequalities and situations of alienation that exist in society. The equality and social protection of all citizens is regarded as a right of citizens: it goes further than simply covering minimum needs. It is made possible by paying very high taxes.

As the public institutions offer high-quality public services, citizens on high incomes also tend to use the public rather than the private services. And even though some social organisations work to meet the social needs of citizens, these needs are mostly covered by the public institutions.
In this system, the State plays a major role in the economy: to prevent market failures and excesses, in fact. It does this by stipulating the maximum number of working hours and the minimum wage, and by legislating on employment contracts designed to protect workers, etc.
 

The Liberal State

In liberal models the State does not intervene in the economic activities of companies and institutions, or in social relations, either. In other words, there is no minimum wage, the State does not guarantee workers’ rights (such as holidays, compensation payable if they are made redundant, etc.). Likewise, there is no healthcare system or social security managed by the State; so each citizen has to contract his/her own private services.

The philosophy behind this form of governance has a specific basis: it firmly believes that the economy is capable of regulating itself. In this respect, the market establishes the economic rules, in other words, the laws of supply and demand. As economic movements take place in a totally free way, those who favour this system believe that wealth and employment are created. However, the differences between the richest and poorest citizens are greater than in the other models. Those who support this model do not believe that basic social rights should be for everyone, and on the whole, they are only offered to those in greatest need.
 

The Communist State

Communism is a political and economic model that aims to replace the economy based on private ownership and profits. This model aims to guarantee the equality of all citizens; and the country’s means of production (factories, mines, etc.) and natural resources (fuels, iron, timber, etc.) are publicly owned; they are controlled and managed by the State. In other words, they are not owned by just a few individuals. And profits originating from work are not kept by a few individuals (factory owners, for example) but are distributed among all the citizens.

State control is total: the citizens work for publicly-owned companies and the State is responsible for providing all citizens with the same basic services (food, education, healthcare, etc.). The country’s political system is in the hands of a single party, and the activity of independent organisations that criticise the party are, on the whole, not permitted or often face obstacles.

Monarchy

The Monarchy is a form of government in which the king or queen is the Head of State; it has the following characteristics:

  • Power is in the hands of one person.
  • This person is called a king or queen.
  • The power of a king or queen lasts until the monarch dies or unless he/she abdicates in favour of someone else.
  • In European monarchies, the absolute power of kings/queens has been transformed into a parliamentary monarchy: the laws are governed by a constitution and power is in the hands of parliament.
  • It is hereditary. A person is king or queen as a result of birth and is not chosen by the people.
  • He/she is the supreme head of government.

There have been big changes in the power of kings and queens in the course of history. In ancient times there was no limit on the power of kings and queens: they had absolute power, there was no division of powers, and they only had to answer for their acts before God.

Nowadays, in constitutional monarchies or parliamentary monarchies the power of the king or queen is in the hands of the government and parliament. In other words, through a constitution the parliament is given the power to govern. And kings and queens do not rule directly.

The monarchy continues to be hereditary and the crown always corresponds to a member of the royal family. In some cases only males can be successors.  The king or queen remains in that position for life, unless he/she abdicates or the crown is put into the hands of a successor.

Territorial organisation: autonomous communities

In some countries, such as Spain, the State is divided into autonomous communities.  The provinces with similar historical, cultural and economic characteristics form an autonomous community. Some of them (the Basque Autonomous Community, Catalonia, etc.) had very special political characteristics in the past.

These autonomous territories can have their own basic law. In the Spanish State this law is called the Statute of Autonomy. The rules of each autonomous community are set out in the corresponding Statute, and this Statute of Autonomy is the collection of laws or legislation that governs the region.

Administratively, the Spanish State consists of seventeen autonomous communities, plus two city councils (Ceuta and Melilla) that enjoy a special status.

All autonomous communities have the right to govern themselves through powers (education, health, etc.) granted by the State. These powers are set out in the Constitution and correspond to each community according to its political and historical characteristics.

Responsibility for the powers given by the State correspond to the autonomous community government, and for this there is funding.

Each autonomous community has its own institutions:

  •  Legislative power:

It has one chamber only and makes new laws in the matters in which it has powers. This assembly is chosen by the voters in the autonomous community through universal suffrage once every four years. Some senators are also chosen to sit in the State Senate.

  • Executive power:

The Governing Council is the government of the autonomous community. The Government of the Basque Autonomous Community in the Basque Autonomous Community, and the Government of Navarre in the Chartered Community of Navarre. The Governing Councils only govern according to the powers given by the Spanish State. The legislators in the autonomous community assembly choose the person who will be the President from among their members. He or she then appoints the members of his/her governing council.

  •  Judicial  power:

Each autonomous community has a High Court.

Territorial organisation

States can be organised in many different ways. There are larger states or unions consisting of states that are federated with each other, such as the Federal Republic of Germany of the United States of America. There are also centralised states where the power is completely centralised. Some states are divided into different autonomous territories or communities, and each territory has its own political powers.

  • Centralist state

If a State consists of a single, united government –France, for example–, it is usually described as a unified or centralist State.

  • Federal state

Sometimes states that are linked to each other or are part of a federation form a larger state or union. Each state has its own government and has the power to make laws on certain issues, such as marriage and divorce, education, policing and many other matters. Other matters, such as foreign policy or defence, are in the hands of the central government.

  • Autonomous Communities

A State may consist of autonomous communities.

In Spain, the provinces with similar historical, cultural and economic characteristics form an autonomous community. All autonomous communities have the right to govern themselves in some aspects (relating to education, health, etc.) granted by the State.

The rules of each autonomous community are set out in the corresponding Statute, and this Statute of Autonomy is the collection of laws or legislation that governs the autonomous community.

Constitution

The Constitution is a document, a supreme law that specifies the rules and bases of a State. In other words, it is the most important law and all the laws of the State are subject to it.

The Constitution establishes the basic obligations, freedoms and rights of the citizens, how power is organised, how the powers are divided, how the territory is organised, how the institutions, etc. function. It also specifies rights and obligations and what resources the State needs to set up in order to put them into practice. The Constitution also specifies what the political structure of the State will be like and the basic procedures that other laws have to follow. As pointed out already, the Constitution is usually the supreme document specifying the juridical organisation of the State, it is the highest law.

As it is the main law governing the political, social, economic and other activities of a State, it is written down. It has two main parts: the part regulating organic relations or the ones between the powers, and the dogmatic part that establishes the rights and obligations of citizens.

In short, the Constitution controls and structures political power. It also recognises human rights. The Constitution does not in fact grant rights. These rights belong to human beings and they are above the power of the State. That way, the essential reason for the Constitution would be to guarantee the procedures so that human rights are respected.

Even though the first ones were written down in the Middle Ages, modern constitutions came with the liberal revolutions of the 18th century, in particular as a result of the independence of the United States and the French Revolution. Later on, constitutions were specified and developed all through the 19th century.

The next important moment for Constitutions came after the Second World War thanks to the Universal Declaration of Human Rights (1948). Since then, the constitutions of most countries have included human rights.  

The first constitution of Spain was written in 1812. The last one, the one in force now, was approved in 1978. In France, the 5th Republic was approved in 1958 and with it the constitution currently in force in the country.

Representing the people: Political parties

A political party is the institution consisting of people who share the same aim, interest and way of thinking. The political party is a stable, lasting political institution. To achieve its aims it uses political power through representatives chosen in elections. Political parties aim to channel the interests of the people in a democracy, and that is why their participation is the basis of democracy. Each political party has its own ideology which directs its political initiative: the party doctrine, programmes, etc.

Political parties as we know them today arose in the 19th century alongside the development of people’s participation and representative democracy. A campaign is run before the elections. Each party presents its political programme or manifesto to the citizens; it states what it is going to do if it comes to power. After that, the citizens vote for whichever political party they believe is the best, and then the party that wins a majority will come to power: majority rule. The parties are the intermediaries between political power and the citizens.

People’s participation

In a democracy, basic human issues are decided among all the citizens. In such cases, the citizens are asked to express an opinion for or against a specific matter of major importance: whether to accept the Constitution, whether to join the European Union, etc. This type of direct, general consultation is called a referendum. Here we are talking about direct democracy.

It is obvious that it would be impossible to be constantly asking all citizens for their views about everything. That is why in most cases citizens do not participate directly, and other kinds of channels are used: they choose somerepresentatives and they leave the power to decide in their hands for a specific period of time; we call that representative democracy.

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Elections are used to choose these representatives of the people. In a secret ballot each citizen chooses the representatives he/she thinks are the best to form the government. That is how our representatives are chosen for the municipal council, autonomous community, State or European Parliament. After the elections, those who win a majority will form a government. In short, democracy can be described as the power of the majority while respecting the rights of minorities at all times.

But to make sure all citizens participate, it is very important for everyone to receive broad, detailed information. Therefore, if democracy is to work properly, freedom of expression and information, which is an intrinsic right of individuals, is essential. That is why the media -newspapers, magazines, TV, etc.- are so important in democracies. It would not be a real democracy if the rights of some members of society were restricted in these areas.

While we are on the subject, suffrage usually means the right to vote which is universal, free and in secret. In other words, all adult citizens of legal age have the right to vote freely. In most countries today only citizens who are 18 and over are of legal age. It should also be remembered that women did not win the right to vote until the 20thcentury. Before that, they were not allowed to elect representatives or stand as candidates.

In the elections in Europe and in many other states, the D’Hondt Law is used to distribute the elected representatives on the basis of the proportional representation of the political parties. In this system, parties obtain the seats of the parliament in proportion to the number of votes they get.

In general, it can be said that the D’Hondt Law works slightly in favour of the large parties and to the detriment of small, isolated parties.

Political structure of France

France is a parliamentary republic. Even though it is a democracy based on the parliament, it can be described as a centralist State from the way it is organised. The Head of State is the President of the Republic and he/she has a lot of power. As in all democracies, there is a division of powers.

  • Executive power

It enforces the laws and is in the hands of the President of the Republic and the government.

  • The President of the Republic

This is a position that lasts for five years and the person chosen is elected directly by the citizens. It is the highest position in the State, and is the main representative of the French State.

  • He/she holds the Executive power of the Government and exercises the functions of mediator.
  • He/she chooses the Prime Minister and he/she is the President of the Council of Ministers.
  • He/she has the power to dissolve the National Assembly (Assemblée Nationale), in other words, the parliament chosen by the citizens, and call elections.
  • He/she can veto the laws passed by the Assembly.
  • He/she is the Head of the Armed Forces and the President of the Higher National Defence Council.
  • He/she greatly influences Foreign Policy.
  • Government

The Government is in charge of directing state policy. The head of the government is the Prime Minister who is appointed by the President of the Republic; the President appoints the Ministers and Secretaries of State, too, as proposed by the Prime Minister.

  • Legislative power

It represents the citizens and is responsible for making laws. The French parliament has two chambers: the national assembly and the senate.

  • Judicial  power

The Judicial power has the power to judge and is in the hands of the court judges. In France, there are three kinds of courts: civil courts, criminal courts and ones that handle matters between the public administration and the citizens.

The Constitutional Council (Conseil Constitutionnel) has to ensure that the constitution is respected; that the laws are made in accordance with the constitution.

  •  Le mediateur de la Republique ( Ombudsperson )

In France Le mediateur de la Republique is the equivalent of the Defensor del Pueblo in Spain. Its origin is to be found in the Ombudsman institution of Sweden. It was created in 1973.

Structure of the state

The State can have different structures; it depends on whether its functions are divided or not, and on how the Head of State is appointed.

 According to the Division of Powers

The division of powers is the way the State’s functions are divided and organised. In a democracy each main function is assigned to a different public institution. The division of powers, one of the main features of modern states, means that the power is divided into three parts: the legislative power, the Executive power (or government) and the Judicial  power. However, in a dictatorship or in absolute monarchies, there is no division of powers and all the power is in the hands of a single person or group.

Appointment of the Head of State

If the Head of State is an elected president, it is a position for a specific country and period. This is the practice in democratic republics, but there are also republics that are dictatorships.

If a king or a queen is the Head of State, it would be a monarchy. Leadership is in the hands of one person, who is not elected by the citizens, and his/her rule is for life, in other words, it is hereditary. The monarchy is linked to a historical tradition and its power in democracies is limited by the constitution. We call these regimes constitutional monarchies or parliamentary monarchies.

Territorial organisation

States can be organised in many different ways. There are larger states or unions consisting of states that are federated with each other, such as the Federal Republic of Germany of the United States of America. There are also centralised states where the power is completely centralised. Some states are divided into different autonomous territories or communities, and each territory has its own political powers.

Political structure of Spain

When defining the Spanish political structure, we can say that it is a democracy even though not all the features of a democracy are reflected, as in most of today’s democracies. In addition, it is ruled as a constitutional monarchy, and the territorial organisation is based on a State divided into autonomous communities.

The king is the Head of State and the main representative of the State; in international relations he is the supreme head of the armed forces; and most of his functions are symbolic ones, as specified in the 1978 Constitution. Executive power power corresponds to the government and all the functions of the king are clearly specified in the Constitution. This position is a hereditary one.

The division of powers is organised in the following way.

  • Legislative power

The parliament or “Cortes” has two chambers: Congress or the representation of the citizens, and the Senate or the representation of the provinces and territories. The representatives to this institution are chosen in elections every four years, and its main functions are to make laws and monitor the government.

  • Executive power

Executive power corresponds to the government. The head of government or the prime minister, the deputy heads of government and the ministers participate in this power. Its main function is to direct state policy and to ensure that the laws are enforced.

The head of the government is proposed by the Parliament and his/her appointment is then approved by the king.

The Prime Minister chooses the deputy prime minister (or deputy prime ministers) and the ministers. They make up the government.

  • Judicial  power

The structure of the judicial power is like a pyramid; there are various levels starting with the Justice of the Peace courts in small municipalities and going right up to the Supreme Court where final appeals are presented.

In addition, there is a National High Court to hear cases of certain types; and the Constitutional Court to ensure that the laws are made according to the Constitution.

  • Defensor del pueblo (Ombudsman/Ombudswoman)

This institution was set up in the Spanish State after the 1978 Constitution, and the Parliament chooses the person who will fill the position.

The aim of the person in charge of this institution is to protect the citizens; if the administration commits an injustice, the ombudsperson provides protection against the administration. Following the requests of citizens, he/she submits the complaints they raise to the administration and the administration has to respond within a specific period of time and either correct its position or justify it. Sometimes, the ombudsperson him-/herself can lodge a complaint with the court,  with ordinary courts and with the Constitutional Court. Another responsibility is to pass advice and suggestions on to the administration through reports.