A state cannot exist without a right. These concepts are interrelated and cannot exist without each other. The rule of law and its features - this is a favorite topic of legal theorists since the beginning of the XIX century. The first legal analysis of this concept was given by Robert von Mole back in 1838. It was this scientist who introduced the concept into scientific everyday life. Consider what the rule of law and its features in our time and in accordance with modern science.
What it is?
The rule of law is a state that, in all its organization and activity, is subordinate to law. Moreover, she has a specific goal. This is ensuring the rights and freedoms of its citizens. In general, the rule of law and its attributes relate to the constitutional characteristics of a power.
What is it like?
The features of the rule of law include the following provisions:
- recognition and guarantee of human rights and freedoms;
- separation of powers;
- implicit rule of law.
Now consider each of them. The first sign of the rule of law is the recognition, as well as the observance and protection of universal rights, freedoms, as well as the interests of man and citizen, and at the same time their highest value and priority. Facts such as providing a mechanism for guaranteeing the above privileges and independence of the court, as well as certain principles of legal proceedings and other legislative provisions, help in the implementation of this provision.
The following characteristic involves the delimitation of the three branches in essence of a single dominance, namely the allocation of
legislative power along with executive and judicial. This division into equal, interacting with each other, relatively independent and restraining each other industries is designed to provide the necessary balance of interests. It is it that makes power essentially integral and united. This separation is called horizontal. And finally, the final touch in this entire system is the rule of law. What does it provide?
Firstly, the fact that the duty of all state bodies, as well as officials, to unconditionally act strictly within the framework of the Basic Law and other normative acts is constitutionally established. Secondly, the fact that the supremacy of the Constitution in relation to other legislative norms must be ensured. And, thirdly, by the fact that in the country at the legislative level the property of priority of internationally recognized principles over national normative acts is fixed. The rule of law and its signs are of interest, because it is precisely such a structure of the state that is the only correct one. This condition is perfect, and you need to fully strive for it. It is such a state that actually exists by the will of the people and for them, which means that it is at the same time completely democratic in nature.