Socialist legality in the context of "Unified power"

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⭐ Core Definition: Socialist legality

Socialist law or Soviet law are terms used in comparative legal studies for the general type of legal system which has been (and continues to be) used in communist and formerly communist states. It is based on the civil law system, with major modifications and additions from Marxist–Leninist ideology. There is controversy as to whether socialist law ever constituted a separate legal system or not. If so, prior to the end of the Cold War, socialist law would be ranked among the major legal systems of the world.

While civil law systems have traditionally put great pains in defining the notion of private property, how it may be acquired, transferred, or lost, socialist law systems provide for most property to be owned by the state or by agricultural co-operatives, and having special courts and laws for state enterprises.

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👉 Socialist legality in the context of Unified power

Unified power is a Marxist–Leninist principle on communist state power that was developed in opposition to the separation of powers. It holds that popular sovereignty is expressed through a single representative organ, the supreme state organ of power (SSOP), which exercises legislative, executive, judicial, and all other forms of state power. Lower-level state organs of power are not autonomous polities but administrative extensions of the SSOP within a single hierarchy. Central decisions bind subordinate levels, while local organs are accountable both to their electors and to superior organs, a system known as dual subordination. This produces a uniform flow of power from the SSOP to subordinate organs, with local discretion allowed only within jurisdiction delegated by higher law enacted by the SSOP.

The SSOP's relationship to the constitution and laws is fundamental. The constitution, adopted by the SSOP, is the fundamental law binding all state organs. It does not permanently restrict the SSOP's sovereign rights, since such limits are self-imposed and may be altered through constitutional amendment. Communist state constitutions set out broad principles on sovereignty and the structure of the state—while leaving specific details to statutes and secondary norms. Socialist legality, the Marxist–Leninist concept of lawful governance, requires conformity to the constitution. However, it rejects independent or autonomous institutions, such as constitutional courts exercising judicial review, that would stand above the SSOP. Instead, legality is safeguarded through political oversight by representative organs, supervision by the supreme procuratorial organ, and electoral accountability through controlled elections.

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Socialist legality in the context of Unified state power

Unified state power is a Marxist–Leninist principle on communist state power that was developed in opposition to the fusion and separation of powers, and creates the institutional framework to practice democratic centralism in the state. It holds that popular sovereignty is expressed through a single representative organ, the supreme state organ of power (SSOP), at the apex of a pyramid- like state structure and which exercises legislative, executive, judicial, and all other forms of state power. Lower-level state organs of power are not autonomous polities but administrative extensions of the SSOP within a single hierarchy. Central decisions bind subordinate levels, while local organs are accountable both to their electors and to superior organs, a system known as dual subordination. This produces a uniform flow of power from the SSOP to subordinate organs, with local discretion allowed only within jurisdiction delegated by higher law enacted by the SSOP.

The SSOP's relationship to the communist state constitution and laws is fundamental. The constitution, adopted by the SSOP, is the fundamental law binding all state organs. It does not permanently restrict the SSOP's sovereign rights, since such limits are self-imposed and may be altered through constitutional amendment. Communist state constitutions set out broad principles on sovereignty and the structure of the state—while leaving specific details to statutes and secondary norms. Socialist legality, the Marxist–Leninist concept of lawful governance, requires conformity to the constitution. However, it rejects independent or autonomous institutions, such as constitutional courts exercising judicial review, that would stand above the SSOP. Instead, legality is safeguarded through political oversight by representative organs, supervision by the supreme procuratorial organ, and electoral accountability through controlled elections.

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