Practice question · Put in order
Arrange these forms of state in the order in which they historically appear.
- Absolute monarchy: the ruler makes law and is not bound by it
- Social state of law: public power must also create material conditions
- Liberal state of law: public power is bound by statute and rights are declared
- Constitutional state of law: statutes themselves are reviewed against entrenched rights
Hints
- The sequence runs from a ruler above law to a legislature below a constitution.
- The social clause arrives before judicial review of statutes becomes general in Europe.
Show the answer
- Absolute monarchy: the ruler makes law and is not bound by it
- Liberal state of law: public power is bound by statute and rights are declared
- Social state of law: public power must also create material conditions
- Constitutional state of law: statutes themselves are reviewed against entrenched rights
Why
Each step subjects a new actor to law. First the ruler, then the administration, then the state acquires positive duties, then finally the legislature itself is put under review. Nothing in the sequence was inevitable and none of it is irreversible, which is why the fourth stage is defended rather than assumed.
Practise The State, Legality and Legitimacy
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