The concept of “rule of law” is a combination of ideas, ideas, theories and views, in which, on the one hand, today, the most outstanding foundations of constitutionalism are reflected.
On the other hand, a rule of law state is a right-idea, that is, a vector, a direction in which a direction for the development of any subject of political activity is declared. That is why, today in the world there are no legal states upon the fact of their fixation, despite the fact that many have fixed this provision in their constitutions. It cannot be stated that this country has already built a rule of law state and that it is real, but this one cannot. The rule of law is considered to be that which publicly, legislatively and responsibly declares its development path, which includes the basic principles of the rule of law and which really embodies this statement in its daily activities.
And in one and in other cases, the principles of the rule of law express the eternal desire of mankind for freedom, deliverance from all forms of violence and petty guardianship, suggest the need to ensure individual freedoms, human rights.
The principles of the rule of law come from the understanding and recognition that this is a state that is legally limited in its activities regarding a person. It is recognized that the sole and highest source of any power in the state is a citizen, and therefore the rule of law is obliged to obey his will.
Modern political and legal science and practice calls the following principles of the rule of law:
- the formation and availability of a sufficiently developed form of civil society;
- legal restriction of the range of actions of the state in relation to a person;
- recognition of worldview individualism as an inalienable ideology of each, ensuring freedom for the individual's personal responsibility for his own well-being;
- guarantee of legal equality in the legislative formulation of the principle of the primacy of human rights over the powers of the state;
- recognition of the right of its property of universality and equal distribution to all citizens and the state itself;
- recognition of the priority of the sovereignty of the people over the sovereignty of the state ;
- the real separation of powers of the state, while maintaining the integrity of the political system and the unity of actions of the authorities for the benefit of the people to the extent permitted by the constitution;
- recognition of the principle of restriction of freedom only if it violates the freedoms of another person.
The relationship between an individual and power structures is determined by the constitution.
The rule of law, as a right-idea, was formed for a long time on the basis of the earliest representations of people about freedom, power and statehood, which developed in ancient times. About the power of a single and indestructible law, he spoke in the 6th century. BC. Ancient Greek Reformer King Solon. Aristotle and Cicero wrote about the principles of correlation and interaction of human rights and state laws in their writings. Conceptually, as an integral doctrine, the signs and principles of the rule of law in the fundamental were formulated in the 18-19 centuries in the works of theorists of early liberalism. Finally, in its meaning, the definition of “rule of law” was established in the works of German lawyers - K. Welcker and R. von Moll in the mid-19th century.
The principles of the rule of law are in constant development, and therefore the fixation of the "legal status" of the state is practically impossible by definition and involves the continuous improvement of political and legal systems.