ARTICLE
5:
The Role of State
1.
Temporal Authority
2. The Rule of Law
3. The Role of Government
4. Church and State
5. Forms of Government
6. Democracy
7. The Welfare State
I.
Temporal Authority
178. Human society can be neither well ordered nor prosperous unless
it has some people invested with legitimate authority to
preserve its institutions and to devote themselves as far as is
necessary to work and care for the good of all (PT, n. 46). By `authority'
one means the quality by virtue of which persons or institutions
make laws and give orders to men and expect
obedience from them. Every human community needs an authority to
govern it. The foundation of such authority lies in human nature.
It is necessary for the unity of the state. Its role is to ensure
as far as possible the common good of the society. The authority
required by the moral order derives from God: Let every person be
subject to the governing authorities. For there
is no authority except from God, and those that exist have been
instituted by God. Therefore he who resists the authorities resists
what God has appointed, and those who resist will incur judgment
(Rom13:1 2). The duty of obedience requires all to give due honor
to authority and to treat those who are charged to exercise it with
respect, and, insofar as it is deserved, with gratitude and goodwill.
Pope St. Clement of Rome provides the Church's most ancient prayer
for political authorities: Grant to them, Lord, health, peace, concord,
and stability, so that they may exercise without offense the sovereignty
that you have given them. Master, heavenly King of the ages, you
give glory, honor, and power over the things of earth to the sons
of men. Direct, Lord, their counsel, following what is pleasing
and acceptable in your sight, so that by exercising with devotion
and in peace and gentleness the power that you have given to them,
they may find favor with you (St. Clement of Rome, Ad Cor, n. 61).
(CCC, nn. 1897 1900)
179. It follows also that political authority, both in the community
as such and in the representative bodies of the state, must always
be exercised within the limits of the moral order and directed toward
the common good with a dynamic concept of that good according to
the juridical order legitimately established or due to be established.
When authority is so exercised, citizens are bound in conscience
to obey. Accordingly, the responsibility, dignity and importance
of leaders are indeed clear.
(Gaudium et Spes, n. 74)
180. Indeed it follows from the moral order itself that authority
is necessary for civil society, for civil society is ruled by authority;
and that authority cannot be used to thwart the moral order without
instantly collapsing because its foundation has been destroyed.
This is the warning of God Himself: A word, then, for the kings'
ears to hear, kings' hearts to heed: a message for you, rulers,
wherever you be! Listen well, all you that have multitudes at your
command, foreign hordes to do your bidding. Power is none but comes
to you from the Lord, nor any royalty but from One who is above
all. He it is that will call you to account for your doings with
a scrutiny that readsyour inmost thoughts (Wis 6:1 4).
(Pacem in Terris, n. 83)
181. Authority does not derive its moral legitimacy from itself.
It must not behave in a despotic manner, but must act for the
common good as a moral force based on freedom and a sense of responsibility
(GS, n. 74). A human law has the character of law to the extent
that it accords with right reason, and thus derives from the eternal
law. Insofar as it falls short of right reason it is said to be
an unjust law, and thus has not so much the nature of law as of
a kind of violence (Aquinas,STh, I II, 93, 3, ad 3).
(CCC, n. 1902)

II. The Rule of Law
182. The rule of law is the necessary condition for the establishment
of an authentic democracy. For democracy to develop, there is a
need for civic education and the promotion of public order and peace.
In effect, there is no authentic and stable democracy without social
justice. Thus the Church needs to pay greater attention to the formation
of consciences, which will prepare the leaders of society for public
life at all levels, promote civic education, respect for law and
for human rights, and inspire greater efforts in the ethical train
ing of political leaders.
(Ecclesia in America, n. 56)
183. But authority is not to be thought of as a force lacking all
control. Indeed, since it is the power to command according to right
reason, authority must derive its obligatory force from the moral
order, which in turn has God for its first source and final end.
Where fore our Predecessor of happy memory, Pius XII, said: The
absolute order of living beings and man's very destiny (We are speaking
of man who is free, bound by obligations and endowed with inalienable
rights, and at once the basis of society and the purpose for which
it exists) also includes the state as a necessary society invested
with the authority without which it could not come into being or
live.... And since this absolute order, as we learn from sound reason,
and especially from the Christian faith, can have no origin save
in God Who is our Creator, it follows that the dignity of the State's
authority is due to its sharing to some extent in the authority
of God Himself (Pius XII, Christmas Eve Radio Message, 1944).
(Pacem in Terris,n. 47)
184. It is urgently necessary at this moment of history to strengthen
juridical instruments capable of promoting freedom of
conscience in the areas of political and social life. The gradual
and constant development of an internationally recognized legal
order could well provide one of the surest bases for the peace and
orderly progress of the human family. It is likewise essential that
comparable efforts be undertaken nationally and regionally to ensure
that all individuals, wherever they live, enjoy the protection of
internationally recognized legal norms.
(World Day of Peace Message, 1991, n. 6)
185. Since the right to command is required by the moral order and
has its source in God, it follows that, if civil authorities pass
laws or command anything opposed to the moral order and, consequently,
contrary to the will of God, neither the laws made nor the authorizations
granted can be binding on the consciences of the citizens, since
God has more right to be obeyed than men. Otherwise, authority breaks
down completely and results in shameful abuse. As St. Tho mas Aquinas
teaches: Human law has the true nature of law only in so far as
it corresponds to right reason, and in this respect it is evident
that it is derived from the eternal law. In so far as it falls short
of right reason, a law is said to be a wicked law; and so, lacking
the true nature of law, it is rather a kind of violence (Aquinas,
STh, I II, 93,3, ad 2).
(Pacem in Terris,n. 51)
186. Pope Leo XIII was aware of the need for a sound theory of the
State in order to ensure the normal development of man's spiritual
and temporal activities, both of which are indispensable. For this
reason, in one passage of Rerum Novarum he presents the organization
of society according to the three powers legislative, executive
and judicial something which at the time represented a novelty in
Church teaching. Such an ordering reflects a realistic vision of
man's social nature, which calls for legislation capable of protecting
the freedom of all. To that end, it is preferable that each power
be balanced by other powers and by other spheres of responsibility
which keep it within proper bounds. This is the principle of the
`rule of law,' in which the law is sovereign, and not the arbitrary
will of individuals.
(Centesimus Annus,n. 44)
187. It must also be restated that no social group, for example,
a political party, has the right to usurp the role of sole leader,
since this brings about the destruction of the true subjectivity
of society and of the individual citizens, as happens in every form
of totalitarianism.
(Sollicitudo Rei Socialis, n. 15)

III. The Role of Government
188. If, however, this political and juridical structure is to produce
the advantages which may be expected of it, public officials must
strive to meet the problems which arise in a way that conforms both
to the complexities of the situation and the proper exercise of
their function. This requires that, in constantly changing conditions,
legislators never forget the norms of morality, or constitutional
provisions, or the common good. Moreover, executive authorities
must coordinate the activities of society with discretion, with
a full knowledge of the law and after careful consideration of circumstances,
and the courts must administer justice impartially and without being
influenced by favoritism or pressure. The good order of society
also demands that individual citizens and intermediate organizations
should be effectively protected by law whenever they have rights
to be exercised or obligations to be fulfilled.
(Pacem in Terris,n. 69)
189. This intervention of public authorities that encourages, stimulates,
regulates, supplements, and complements, is based on the principle
of subsidiarity as set forth by Pius XI in his Encyclical Quadragesimo
Anno : It is a fundamental principle of social
philosophy, fixed and unchangeable, that one should not withdraw
from individuals and commit to the community what they can accomplish
by their own enterprise and industry. So, too, it is an injustice
and at the same time a grave evil and a disturbance of right order,
to transfer to the larger and higher collectivity functions which
can be performed and provided for by lesser and subordinate bodies.
Inas much as every social activity should, by its very nature, prove
a help to members of the body social, it should never destroy or
absorb them (QA, n. 23).
(Mater et Magistra, n. 53)
190. In the political sphere, it must be noted that truthfulness
in the relations between those governing and those governed, openness
in public administration, impartiality in the service of the body
politic, respect for the rights of political adversaries, safeguarding
the rights of the accused against summary trials and convictions,
the just and honest use of public funds, the rejection of equivocal
or illicit means in order to gain, preserve or increase power at
any cost all these are principles which are primarily rooted in,
and in fact derive their singular urgency from, the transcendent
value of the person and the objective moral demands of the functioning
of States.
(Veritatis Splendor,n. 101)

IV. Church and State
191. The protection and promotion of the inviolable rights of man
ranks among the essential duties of government. Therefore,
government is to assume the safeguard of the religious freedom of
all its citizens, in an effective manner, by just laws and by other
appropriate means. Government is also to help create conditions
favorable to the fostering of religious life, in order that the
people may be truly enabled to exercise their religious rights and
to fulfill their religious duties, and also in order that society
itself may profit by the moral qualities of justice and peace which
have their origin in men's faithfulness to God and to His holy will.
(Dignitatis Humanae, n. 6)

V. Forms of Government
192.
If authority belongs to the order established by God, the choice
of the political regime and the appointment of rulers are left to
the free decision of the citizens (GS, n. 74). The diversity of
political regimes is morally acceptable, provided they serve the
legitimate good of the communities that adopt them. Regimes whose
nature is contrary to the natural law, to the public order, and
to the fundamental rights of persons cannot achieve the common good
of the nations on which they have been imposed.
(CCC, n. 1901)
193. In modern times, this concept has been opposed by totalitarianism,
which, in its Marxist Leninist form, maintains that some
people, by virtue of a deeper knowledge of the laws of the development
of society, or through membership of a particular class or through
contact with the deeper sources of the collective consciousness,
are exempt from error and can therefore arrogate to themselves the
exercise of absolute power. It must be added that totalitarianism
arises out of a denial of truth in the objective sense. If there
is no transcendent truth, in obedience to which man achieves his
full identity, then there is no sure principle for guaranteeing
just relations between people. Their self interest as a class, group
or nation would inevitably set them in opposition to one another.
If one does not acknowledge transcendent truth, then the force of
power takes over, and each person tends to make full use of the
means at his disposal in order to impose his own interests or his
own opinion, with no regard for the rights of others. People are
then respected only to the extent that they can be exploited for
selfish ends. Thus, the root of modern totalitarianism is to be
found in the denial of the transcendent dignity of the human person
who, as the visible image of the invisible God, is therefore by
his very nature the subject of rights which no one may violate no
individual, group, class, nation or State. Not even the majority
of a social body may violate these rights, by going against the
minority, by isolating, oppressing, or exploiting it, or by attempting
to annihi late it. The culture and praxis of totalitarianism also
involve a rejection of the Church. The State or the party which
claims to be able to lead history towards perfect goodness, and
which sets itself above all values, cannot tolerate the affirmation
of an objective criterion of good and evil beyond the will of those
in power, since such a criterion, in given circumstances, could
be used to judge their actions. This explains why totalitarianism
attempts to destroy the Church, or at least to reduce her to submission,
making her an instrument of its own ideological apparatus. Furthermore,
the totalitarian State tends to absorb within itself the nation,
society, the family, religious groups and individuals them selves.
In defending her own freedom, the Church is also defending the human
person, who must obey God rather than men (cf. Acts5:29), as well
as defending the family, the various social organizations and nations
all of which enjoy their own spheres of autonomy and sovereignty.
(Centesimus Annus, nn. 44 45)
194. In determining the structure and operation of government which
a State is to have, great weight has to be given to the circumstances
of a given people, circumstances which will vary at different times
and in different places. We consider, however, that it is in keeping
with the innate demands of human nature that the State should take
a form which embodies the three fold division of powers corresponding
to the three principal functions of public authority. In that type
of State, not only the official functions of government but also
the mutual relations between citizens and public officials are set
down according to law, which in itself affords protection to the
citizens both in the enjoyment of their rights and in the fulfillment
of their duties.
(Pacem in Terris,n. 68)
195. If the citizens' responsible cooperation is to produce the
good results which may be expected in the normal course of political
life, there must be a statute of positive law providing for a suitable
division of the functions and bodies of authority and an efficient
and independent system for the protection of rights. The rights
of all persons, families and groups, and their practical application,
must be recognized, respected and furthered, together with the duties
binding on all citizens. Among the latter, it will be well to recall
the duty of rendering the political community such material and
personal service as are required by the common good. Rulers must
be careful not to hamper the development of family, social or cultural
groups, nor that of intermediate bodies or organizations, and not
to deprive them of opportunities for legitimate and constructive
activity; they should willingly seek, rather, to promote the orderly
pursuit of such activity. Citizens, for their part, either individually
or collectively, must be careful not to attribute excessive power
to public authority, not to make exaggerated and untimely demands
upon it in their own interests, lessening in this way the responsible
role of persons, families and social groups.
(Gaudium et Spes, n. 75)
196. When we speak of the reform of institutions, the State comes
chiefly to mind, not as if universal well being were to be expected
from its activity, but because things have come to such a pass through
the evil of what we have termed `individualism' that, following
upon the overthrow and near extinction of that rich social life
which was once highly developed through associations of various
kinds, there remain virtually only individuals and the State. This
is to the great harm of the State itself, for, with a structure
of social governance lost, and with the taking over of all the burdens
which the wrecked associations once bore, the State has been overwhelmed
and crushed by almost infinite tasks and duties.
(Quadragesimo Anno, n. 78)

VI. Democracy
197. The Church values the democratic system inasmuch as it ensures
the participation of citizens in making political choices,
guarantees to the governed the possibility both of electing and
holding accountable those who govern them, and of replacing them
through peaceful means when appropriate. Thus she cannot encourage
the formation of narrow ruling groups which usurp the power of the
State for individual interests or for ideological ends. Authentic
democracy is possible only in a State ruled by law, and on the basis
of a correct conception of the human person. It requires that the
necessary conditions be present for the advancement both of the
individual through education and formation in true ideals, and of
the subjectivity of society through the creation of structures of
participation and shared responsibility. Nowadays there is a tendency
to claim that agnosticism and sceptical relativism are the philosophy
and the basic attitude which correspond to democratic forms of political
life.... It must be observed in this regard that if there is no
ultimate truth to guide and direct political activity, then ideas
and convictions can easily be manipulated for reasons of power.
As history demonstrates, a democracy without values easily turns
into open or thinly disguised totalitarianism.
(Centesimus Annus, n. 46)
198. The Church respects the legitimate autonomy of the democratic
order and is not entitled to express preferences for this or that
institutional or constitutional solution. Her contribution to the
political order is precisely her vision of the dignity of the person
revealed in all its fullness in the mystery of the Incarnate Word.
(Centesimus Annus, n. 47)
199. Democracy cannot be idolized to the point of making it a substitute
for morality or a panacea for immorality. Fundamentally, democracy
is a `system' and, as such, is a means and not an end. Its moral
value is not automatic, but depends on conformity to the moral law
to which it, like every other form of human behavior, must be subject:
in other words, its morality depends on the morality of the ends
which it pursues and of the means which it employs. If today we
see an almost universal consensus with regard to the value of democracy,
this is to be considered a positive `sign of the times,' as the
Church's Magisterium has frequently noted. But the value of democracy
stands or falls with the values which it embodies and promotes.
(Evangelium Vitae, n. 70)
200. When these principles are not observed, the very basis of political
coexistence is weakened, and the life of society itself is gradually
jeopardized, threatened and doomed to decay (cf. Ps 14:3 4; Rv18:2
3, 9 24). Today, when many countries have seen the fall of ideologies
which bound politics to a totalitarian conception of the world Marxism
being the foremost of these there is no less grave a danger that
the fundamental rights of the human person will be denied and that
the religious yearnings which arise in the heart of every human
being will be absorbed once again into politics. This is the risk
of an alliance between democracy and ethical relativism, which would
remove any sure moral reference point from political and social
life, and, on a deeper level, make the acknowledgment of truth impossible.
Indeed, if there is no ultimate truth to guide and direct political
activity, then ideas and convictions can easily be manipulated for
reasons of power. As history demonstrates, a democracy without values
easily turns into open or thinly disguised totalitarianism (CA,
n. 46). Thus, in every sphere of personal, family, social and political
life, morality founded upon truth and open in truth to authentic
freedom renders a primordial, indispensable and immensely valuable
service not only for the individual person and his growth in the
good, but also for society and its genuine development.
(Veritatis Splendor, n. 101)
201. Only respect for life can be the foundation and guarantee of
the most precious and essential goods of society, such as
democracy and peace. There can be no true democracy without a recognition
of every person's dignity and without respect for his or her rights.
Nor can there be true peace unless life is defended and promoted.
(Evangelium Vitae, n. 101)

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