There is no reason for the State to be above the law except to allow it to be evil. Why make it above the law if you don’t expect it to break the law?
Causing the state to be “not evil” is as simple as expecting it follow the rules of peaceful interaction and holding it accountable for any crimes that it commits. Of course, this would mean taking away the State’s exclusive privilege to demand tribute(ie tax). And a State without the ability to break the law is no State at all.
And thats the answer: the only good State is a State that stops being a State.