Political Science and Comparative Constitutional Law - Vol. 2

Political Science and Comparative Constitutional Law - Vol. 2

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Political Science and Comparative Constitutional Law - Vol. 2

Political Science and Comparative Constitutional Law - Vol. 2

Read FREE!

Excerpt

In my book upon the state I endeavored to show that the conception of the forms of state is vitiated, and the current nomenclature employed to give expression to the conception rendered almost useless, by the confounding of the ideas of state and government. The same criticism must be made as regards the usual and orthodox notions of the forms of government. The absence of the clear and correct distinction between state and government is as fatal in the latter case as in the former. In consequence of its absence in the literature of this subject, I am compelled to break new ground in this case, as in the former, or even more completely than in the former. I am compelled also to create, in large degree, a new nomenclature upon this topic, which may appear, in some respects, clumsy, but which I hope to make clear.

I. My first canon of distinction will be the identity or non-identity of the state with its government. From this standpoint government is either immediate or representative .

1. Immediate government is that form in which the state exercises directly the functions of government. This form of government must always be unlimited, no matter whether the state be monarchic, aristocratic or democratic; for the . . .

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