EducationSecondary education and schools

The distinctive features of the rule of law are ... State and law: signs of the rule of law

The theory of building the state for many centuries has plagued the minds of scientists, philosophers and politicians. Absolutely everyone wanted to know which state worthy to be called "the best." In the process of tireless scientific works that arose in protest of the dictatorship of the majority and the absolute power of the monarchs, a specific concept of a state system based on law was developed. Today the concept of "rule of law" does not cause any surprise, but several centuries ago this was a real novel in the world of politics and law. In the 21st century, most of the world's countries are striving to get the title of "rule of law". It is interesting that this concept has a lot of distinctive features and features that will be discussed in detail in the article.

History of the development of the theory of the "rule of law"

It should be borne in mind that the concept of a state based on the rule of law arose in the modern era, but a whole series of historical events preceded its appearance. Thus, we can talk about the development of knowledge, which later became part of the theory. A legal state is a country, a power that lives and builds its activities on the basis of norms and principles of law. This concept explains only a part of the whole concept, many scientists disagree with it. The history of the rule of law in a narrow sense stretches from the time of the reign of Mesopotamian king Hammurabi. He was the first person who introduced laws in his state. Further history narrates about the Greek polices, where democracy reigned, the Roman law that regulated all branches of human life, as well as the famous revolutions of the Middle Ages and New Times, in which people fought for their freedom. Hence it follows that the development of knowledge about law, the state and their relationship has lasted for many centuries. But in order to understand what are the signs of the rule of law, we need to consider the theory in its classical form, which appeared in the period from the 16th to the 18th century.

The classical theory of the rule of law

The "fathers" of the theory are John Locke, Immanuel Kant, Thomas Hobbes and Montesquieu. They argued that the distinctive features of the rule of law include not only the principle of close interrelation between state activities and law, but also respect for human freedoms, the separation of powers into main branches. Thanks to these fundamental principles, it is possible to build a legal state that will exist for the people, and not at the expense of it. Subsequently, the theory was substantially refined. Today it is key for many scientists, because it shows how the state and law interact. Signs of the rule of law have proved the fact that absolutely any country is first of all a legal, not a political category.

Concept of the rule of law

So, given the rich history of the development of the concept, one can single out the modern concept of the term. A legal state is a country in which all activities are subordinated to principles and legal norms, the organs of the supreme power are divided according to their powers, and the protection of human rights and freedoms is carried out. It should be noted that constitutionalism is an exclusive sign of the rule of law. Thanks to him, the principle of separation of powers and other fundamental ideas of the regime are being implemented. Such a state is characterized by a number of features that need to be considered not only in the systemic relationship, but also separately from each other.

The main 3 features of the rule of law

In the history of the theory, scientists have put forward a lot of ideas about its main features. Thus, in the theory of state and law, they are just a mass. It can not be said that some are true, others are not. In each theory there is a rational grain, however, to the distinguishing features of the rule of law is:

  • Rule of law (legality).
  • Protection of human rights and freedoms.
  • Separation of powers into three complementary branches.

The exclusive sign of the rule of law is constitutionalism, since it encompasses all the above-mentioned aspects.

The rule of law

A distinctive feature of the rule of law is the rule of law. This principle, ranked as the core, is characterized by the exclusive role of law in the state. At the same time, the authorities are obliged to act within the powers delegated to them by legislative acts. Very often the rule of law is reinforced by a strict hierarchy of normative acts, in which the law is vested with the highest legal force after the constitution. The principle is implemented by ensuring the rule of law, equality of all before the law.

Protection of human rights and freedoms

The distinctive features of the rule of law include a real opportunity to protect human rights, as well as ways to implement it. Most advocates of natural law are confident that even taking into account the state interest, violation of human freedoms should in no way be manifested in modern society. However, we should emphasize a rather different approach to understanding "human rights" and their violation. For example, there is still a death penalty in the United States, which is not considered a deprivation of a person's right to life. This is only the most severe measure of punishment for criminals. In many countries of Eastern Europe, people pursue any manifestations of homosexuality. There are theories that human rights and freedoms will be really ensured in the amount in which they are recognized by national legislation, and no more.

The separation of powers into three main branches

The principle was largely developed already presented by the "fathers" of the theory of the rule of law (Locke, Montesquieu, Hobbes). He implies the doctrine that all state power should be divided into three branches, which will be completely independent of each other. The principle became the key in the modern theory of state and law. Practically in every country this theory was realized. Of course, certain mechanisms of interaction between the main branches were developed with each other.

Thus, the legislative power is represented by parliament, legislature, people's assembly (in each country the name can be different). The executive authority is responsible for a specially authorized central body, and the judicial is implemented through the system of courts in the state.

Additional signs

It should be noted that the distinctive features of the rule of law include a number of additional aspects that are not basic, but play an important role. For example, the process of implementing the rule of law rules (laws) will directly depend on the level of legal culture, since people must not only observe these norms, but also understand their essence. Also, when answering the question about what signs of the rule of law exist, it is necessary to say about the mutual responsibility of both the state and the individual. When duties extend only to citizens, they actually lose the right to vote before a state order, which is a direct violation of their freedom. The principle of constitutionalism is exceptional and manifests itself in the presence of a constitution - the basic basis of the legal system of the entire state.

So, in the article we found out what are the signs of the rule of law. Almost all of them were once only unfinished theories, concepts. But now all the countries of the world exist on the basis of these theoretical knowledge.

Similar articles





Trending Now






Copyright © 2018 Theme powered by WordPress.