The legal-theoretical concept of the ideal state: striking a balance between fundamental rights protection, efficiency, and legitimacy

Abstract

Present research – grounded in legal theory – develops the concept of an ideal alternative state that aims to establish a balance between economic efficiency, sustainability, and legitimate governance in pursuit of fundamental rights protection and the common good as primary state objectives. Drawing on classical and modern theories of the state, the study redefines state goals by emphasizing the enhanced protection of fundamental rights and the moral constraints on state power. Based on Lon L. Fuller’s theory of enomia, it examines the moral dimensions of law, while employing John Rawls’s theory of justice to assess the principles of economic redistribution and meritocracy. In its critique of democracy, the study relies on Bryan Caplan’s and Jason Brennan’s theories of voter competence, proposing alternative democratic mechanisms to reduce the legitimacy deficit and improve state efficiency.