§ 543. (_b_) In the _particular_ government-power there emerges, first,
the division of state-business into its branches (otherwise defined),
legislative power, administration of justice or judicial power,
administration and police, and its consequent distribution between
particular boards or offices, which having their business appointed by
law, to that end and for that reason, possess independence of action,
without at the same time ceasing to stand under higher supervision.
Secondly, too, there arises the participation of _several_ in
state-business, who together constitute the “general order” (§ 528) in so
far as they take on themselves the charge of universal ends as the
essential function of their particular life;—the further condition for
being able to take individually part in this business being a certain
training, aptitude, and skill for such ends.
§ 544. The estates-collegium or provincial council is an institution by
which all such as belong to civil society in general, and are to that
degree private persons, participate in the governmental power, especially
in legislation—viz. such legislation as concerns the universal scope of
those interests which do not, like peace and war, involve the, as it were,
personal interference and action of the State as one man, and therefore do
not belong specially to the province of the sovereign power. By virtue of
this participation subjective liberty and conceit, with their general
opinion, can show themselves palpably efficacious and enjoy the
satisfaction of feeling themselves to count for something.
The division of constitutions into democracy, aristocracy and monarchy, is
still the most definite statement of their difference in relation to
sovereignty. They must at the same time be regarded as necessary
structures in the path of development,—in short, in the history of the
State. Hence it is superficial and absurd to represent them as an object
of _choice_. The pure forms—necessary to the process of evolution—are, in
so far as they are finite and in course of change, conjoined both with
forms of their degeneration,—such as ochlocracy, &c., and with earlier
transition-forms. These two forms are not to be confused with those
legitimate structures. Thus, it may be—if we look only to the fact that
the will of one individual stands at the head of the state—oriental
despotism is included under the vague name monarchy,—as also feudal
monarchy, to which indeed even the favourite name of “constitutional
monarchy” cannot be refused. The true difference of these forms from
genuine monarchy depends on the true value of those principles of right
which are in vogue and have their actuality and guarantee in the
state-power. These principles are those expounded earlier, liberty of
property, and above all personal liberty, civil society, with its industry
and its communities, and the regulated efficiency of the particular
bureaux in subordination to the laws.