The essence of the rule of law lies in the predominance of law over power and the limitation of the latter by legislative norms. There should be a complete subordination of citizens and all other subjects to the current law. In addition, in such a state there is such a principle: everything is permitted that is not prohibited by law. In other words, human rights as individuals cannot be infringed by anyone and are considered the highest value.
Definition
The subordination of power structures to a law that is common to all, and the observance of the interests and freedoms of citizens are included in the concept and essence of the rule of law. There is no and cannot be arbitrariness on the part of various bodies and persons, because everyone is subject to the law and should not transgress it. Rights and freedoms, human interests are in the first place here.
This state is created in order to ensure the protection of all people from illegal actions by others. For a person in a state of law, such conditions are provided, thanks to which she can develop in any direction (study and live in any place, work or engage in entrepreneurship). A citizen here cannot be limited in his freedom, except in cases specified by law.
Therefore, people who are wondering about the essence of the rule of law should know that their rights and interests are in the first place and protected by law.
From the history
The idea of the predominance of law in society has long and deep roots. Even ancient thinkers, such as Plato and Aristotle, talked about this. Nevertheless, the creator of the theory of the rule of law is John Locke, who wrote about this in his treatises. After the revolution in 1917, the dictatorship of the proletariat began to be sung most of all. Nevertheless, many Soviet lawyers considered it possible to make Russia a legal state, although the authorities completely disagreed with this. In 1937, mass repressions took place in the country, even relatives and close convicts were arrested and shot, who were subsequently rehabilitated. And only with the adoption of the Constitution in 1993, Russia was recognized as a state of law, where the rights of people are recognized as the highest value.
Value
The essence of the rule of law lies in the predominance of law over power. This is necessary so that people in high positions and with special powers do not abuse them. Human rights as individuals and citizens should never be infringed by anyone. Everyone has the right to go to study wherever he wants and choose his profession, place of residence, and independently find a job. Except in those cases when a person has broken the law and is serving a sentence. In this case, the rights of the latter will be infringed on for a certain period of time.
The essence of the rule of law is also in the interaction of power and society. In this case, every citizen will be able to apply to the court for the protection of his interests, as well as to any other body that is authorized to help him in resolving disputed issues. Here there is such a principle - the separation of powers into several branches:
- legislative;
- executive;
- judicial.
Each of the three should be implemented in accordance with the Constitution and not contradict it, as well as applying the provisions of federal laws and other legal acts. It should also be noted here that any citizen and other entity must comply with the established standards and not violate the rights of others.
Principles
They represent the fundamental principles by which the rule of law fully realizes itself. These principles include:
- the rule of law in society - and this applies to all spheres of life; compliance with the Constitution and normative acts adopted on the basis of it;
- freedom of the individual and protection of her rights, honor and interests;
- separation of power into separate branches, due to which their interaction takes place and the law is respected;
- human-state interaction; in this case, all conditions are created for an individual, he can develop, work, study, participate in elections, but also certain obligations are imposed on him: payment of taxes and other fees, compliance with regulatory acts.
The essence of the rule of law is not primarily in the number of laws, but in respect for them by citizens. The full realization of all individual rights requires the development of culture, democracy and economic conditions. But here it is always necessary to remember that a person must respect the rights and interests of others, this is the whole essence. The principles of the rule of law are aimed at creating comfortable living conditions for all citizens and protecting them from illegal and unreasonable pressure from the authorities.
Signs
How can a person determine that he lives in a state of law? Only by the presence of distinctive features characteristic only of him. The essence and signs of the rule of law:
- the rule of law, which is one for all, and every person, even holding a very high state post, must be repaired, everyone is equal before him, and even those convicted of atrocities and in prison, also observe it;
- mutual responsibility of the state and the individual - all people are responsible for violation of the created legal norms and bear a certain responsibility for it, it depends on the severity of the offense or act committed;
- the separation of powers into three branches: legislative, judicial and executive, each of them operates independently, but nevertheless they are intertwined at the working level (adoption of laws and their implementation, the court, when deciding, is guided by accepted norms);
- guaranteed observance of human and citizen rights, which is enshrined in the Constitution and is mandatory for implementation (secret ballot in elections or inviolability of private life and housing).
Important
Many of the citizens are wondering what is the essence of the rule of law and what is its main meaning? Here it is necessary to understand only the main thing that the rights of all citizens are enshrined in normative acts, which are considered uniform for all. The activities of various institutions, enterprises, organizations are also carried out only on the basis of the law - this is an important and distinctive feature of the rule of law.
From social science
The power structures of all democratic countries are prone to abuse of their powers. Therefore, they should be limited by law and not violate the rights of other individuals and citizens, as evidenced by such a science as social studies. What is the essence of the rule of law? It is in compliance with laws that are adopted throughout the country and are considered effective. Otherwise, the state cannot be considered legal. Also, the rights and freedoms of the individual here can be limited only in cases where this is indicated by law.
The essence of the idea of the rule of law
Here, the organization and activities of all authorities should be subordinate to the law. Arbitrariness is completely excluded, that is, there is no dictatorship of the majority and despotism. The idea here has its goals, which are aimed at restricting power and subordinating it to legal norms. The rule of law does not seek to reduce the authority of the heads of institutions and enterprises, but simply prescribes special rules for managing the work process for them. The rights and interests of the individual here always come first.
The rule of law protects and protects all citizens, regardless of social and material status. If a person has violated the law, then he must be brought to that kind of responsibility, which is provided for in this case. Pressure on a person, violation of his rights and freedoms in the right state is not allowed.
Characteristic
The rule of law is such an organization of power, where it is completely subordinate to the adopted and current law. No one has the right to violate it. In addition, a high-ranking official may not abuse the authority entrusted to him. Otherwise, such an employee is subject to prosecution and removal from office, which is a distinctive and characteristic feature of the rule of law.
All citizens in the country live according to the adopted law, which enshrines their rights and freedoms. Russia is such a country. The basic law - the Constitution - states that our state is legal and democratic with a republican form of government. It also fixes the basic principles through which people live a free life and comply with established standards.
In a state governed by the rule of law, the government cannot interfere in the private life of citizens if they do not violate the law. Everyone here has the right to their property, privacy of telephone conversations and correspondence. No one can be isolated from society without a fair decision of the judiciary.
Therefore, when answering the question, what is the essence of the rule of law, we can briefly say that this is the observance of all adopted and published acts that do not contradict the Constitution and do not infringe on the individual’s rights and interests.
Feasibility
All laws should be understandable and accessible for reading even by a competent lawyer. In addition, the basic norms should be fixed in special collections - codes. Only in this case will citizens be aware of the existing provisions and comply with them. Laws that were adopted but not published in special sources cannot be considered official and binding on the territory of the state. Authorities must follow this up without fail.