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Women voting in election in Cairo in 2014.

Civil legitimacy

The political legitimacy of a civil government derives from agreement among the autonomous constituent institutions—legislative, judicial, executive—combined for the national common good. One way civil society grants legitimacy to governments is through public elections. There are also those who refute the legitimacy offered by public elections, pointing out that the amount of legitimacy public elections can grant depends significantly on the electoral system conducting the elections. In the United States this issue has surfaced around how voting is impacted by gerrymandering and the repeal of part of the Voting Rights Act in 2013. Another challenge to the political legitimacy offered by elections is whether or not women or those who are incarcerated are allowed to vote.

Civil society organizations gain their legitimacy using different measures than voting, instead often relying on financial transparency and stakeholder accountability.

"Good" governance vs. "bad" governance

The United Nations Human Rights Office of the High Commission (OHCHR) established standards of what is considered "good governance" that include the key attributes transparency, responsibility, accountability, participation and responsiveness (to the needs of the people).[14]

Forms of legitimate government

In determining the political legitimacy of a system of rule and government, the term proper—political legitimacy—is philosophically an essentially contested concept that facilitates understanding the different applications and interpretations of abstract, qualitative, and evaluative concepts such as "art", "social justice", et cetera, as applied in aesthetics, political philosophy, the philosophy of history, and the philosophy of religion. Therefore, in defining the political legitimacy of a system of government and rule, the term "essentially contested concept" indicates that a key term (communism, democracy, constitutionalism, etc.) has different meanings within a given political argument. Hence, the intellectually restrictive politics of dogmatism ("My answer is right, and all others are wrong"), scepticism ("All answers are equally true or [false]; everyone has a right to his own truth"), and eclecticism ("Each meaning gives a partial view, so the more meanings the better") are inappropriate philosophic stances for managing a political term that has more than one meaning. (see: Walter Bryce Gallie)

Establishing what qualifies as a legitimate form of government continues to be a topic of great philosophical controversy. Forms of legitimate government are posited to include:

Emma Goldman, anarchist.

• Anarchism: The legitimacy of an Anarchistic society draws authority not from a state but rather from the self-governed individuals themselves. Another central tenet to anarchistic legitimacy is the refusal to engage in any form of hierarchical control. As anarchist Emma Goldman writes, "its goal is the freest possible expression of all the latent powers of the individual."

• Communism: The legitimacy of a Communist state derives from having won a civil war, a revolution, or from having won an election, such as the Presidency of Salvador Allende (1970–73) in Chile; thus, the actions of the Communist government are legitimate, authorised by the people. In the early twentieth century, Communist parties based the arguments supporting the legitimacy of their rule and government upon the scientific nature of Marxism. (See dialectical materialism.) Feminist Marxism also builds on the works of Marx & Engels by including a gender analysis.
• Constitutionalism: The modern political concept of constitutionalism establishes the law as supreme over the private will, by integrating nationalism, democracy, and limited government. The political legitimacy of constitutionalism derives from popular belief and acceptance that the actions of the government are legitimate because they abide by the law codified in the political constitution. The political scientist Carl Joachim Friedrich (1901–84) said that, in dividing political power among the organs of government, constitutional law effectively restrains the actions of the government. (See checks and balances.)
• Democracy: In a democracy, government legitimacy derives from the popular perception that the elected government abides by democratic principles in governing, and thus is legally accountable to its people.
• Fascism: In the 1920s and the 1930s, fascism based its political legitimacy upon the arguments of traditional authority; respectively, the German National Socialists and the Italian Fascists claimed that the political legitimacy of their right to rule derived from philosophically denying the (popular) political legitimacy of elected liberal democratic governments. During the Weimar Republic (1918–33), the political philosopher Carl Schmitt (1888–1985)—whose legal work as the "Crown Jurist of the Third Reich" promoted fascism and deconstructed liberal democracy—addressed the matter in Legalität und Legitimität (Legality and Legitimacy, 1932), an anti-democratic polemic treatise that asked: How can parliamentary government make for law and legality, when a 49 per cent minority accepts as politically legitimate the political will of a 51 per cent majority?
• Monarchy: In a monarchy, the divine right of kings establishes the political legitimacy of the rule of the monarch (king or queen); legitimacy also derives from the popular perception (tradition and custom) and acceptance of the monarch as the rightful ruler of nation and country. Contemporarily, such divine-right legitimacy is manifest in the absolute monarchy of the House of Saud (est. 1744), a royal family who have ruled and governed Saudi Arabia since the 18th century. Moreover, constitutional monarchy is a variant form of monarchic political legitimacy which combines traditional authority and legal–rational authority, by which means the monarch maintains nationalist unity (one people) and democratic administration (a political constitution).