State power, alongside the state territory and the people of the state, is one of the three fundamental prerequisites for the existence of a state. If state power collapses, the state is referred to as a failed state. Jean Bodin (c. 1530 to 1596) described state power as the power to make and break the law [Original: Puissance de donner et casser la loi] in “Six Books on the State” [“Les six livres de la République”], Book I, Chapter X, 1576]. Bodin refers here both to internal state power, to ensure order within the state, and to external state power, to be able to guarantee peace for one’s own state in relation to other states. According to Max Weber, a state […] is that human community which, within a given territory […] successfully claims for itself the monopoly on legitimate physical force. [in ‘Politics as a Vocation’: in: ‘Intellectual Work as a Vocation. Four Lectures before the Free Students’ Union. Second Lecture.’ [in „Politik als Beruf“: in: „Geistige Arbeit als Beruf. Vier Vorträge vor dem Freistudentischen Bund. Zweiter Vortrag.“], 1919]

According to Thomas Hobbes, the justification for exercising power within a state lies in preventing the war of all against all [Original: bellum omnium contra omnes, in “Elementorum philosophiae sectio tertia de cive” [“The Third Section of the Elements of Philosophy Concerning the Citizen”], 1642]. Since, without state power, the population is exposed to lawlessness and the arbitrary rule of powerful groups within society, the protection of vulnerable groups legitimises the existence of state power.

Separation of powers

A fundamental principle in constitutional states is the separation of powers. This concept goes back to Baron de Montesquieu, who called for power to be divided among the three branches. He says: All would be lost if one and the same person, or one and the same group of leaders, nobles, or citizens, were to exercise these three powers: the making of laws, the enforcement of public decrees, and the administration of justice in criminal matters or in disputes between private individuals. [In the original: Tout serait perdu si le même homme, ou le même corps des principaux, ou des nobles, ou du peuple, exerçaient ces trois pouvoirs: celui de faire des lois, celui d’exécuter les résolutions publiques, et celui de juger les crimes ou les différends des particuliers.] This horizontal separation of powers is also referred to by the three terms executive, legislative and judicial:

• The Legislative is the law-making power. This may be the national parliament, but it could also be a local council or a monarch.
• The Executive is the law-enforcing power. This begins with the ministries. For example, the Ministry of Finance issues instructions to the tax authorities on how tax laws are to be interpreted and applied. The executive branch then extends to the authorities that make decisions regarding citizens through official notices based on the laws. The police also form part of the executive branch, enforcing compliance with the laws through their actions.
• The judiciary is the powers of the courts. This is exercised by the courts, which deliver judgements based on the laws. In doing so, they ensure protection against arbitrariness and that everyone acts according to the same rules.

Each of the three branches of government can restrict the others. For example, court rulings can be handed down against members of parliament, or courts can declare laws invalid if they violate the constitution. The police can arrest corrupt judges, and parliamentarians can restrict the police’s freedom of action through legislation.

In addition, there is the vertical separation of powers from the state or federal government, through the departments or federal states, down to the local authorities.

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