1. Theories about the State

2. Definition of the State
The state is defined the political organization of society within a defined territory
There are several viewpoints concerning the origin of states and how they are best organized. These theories are based on different views of human nature

3. Theories of the State
Divine Origins of the State – these theories consider that the sovereign is either divine (ex. Ancient Egypt) or God’s representative on Earth (Christian kings and emperors in the Middle Ages)
Social Contract Theory - views the relationship between governed and the government as a contract as a contract. The main role of the state is to protect individual freedom and rights. The people give the government power and in exchange the government must protect their safety, liberty, and rights.
Thomas Hobbes (17th century) thought humans are selfish and generally evil. That’s why there was a need for a strong state
Jean-Jacques Rousseau (18th century) thought that human nature is essentially good

4. Theories of the State –cont.
Liberal Theory of the State
- based on the ideas of John Locke (17th century)
- developed on the basis of social contract theory
- is the foundation of modern liberal democracies
- sees the state as the protector of natural rights
- insists that the people must have means to limit state power so that the
does not become abusive

5. Statul de Drept (best translated as The Constitutional State)
Expresses the relationship between the state as the holder of political power and the rule of law
The law is supreme, equally binding on citizens and the authorities. No one is above the law and power must be exercised in accordance to legal norms
The supreme law is the Constitution
Constitution states differ from absolutist states and dictatorships
Romania is a constitutional state