concept of "state of law" - a collection of ideas, concepts, theories and beliefs in which, on the one hand, to date, reflected the most prominent foundations of constitutionalism.
the other - legal state is the right idea, that is the vector direction in which states the direction of development of a subject of political activity.That is why, in today's world there is no legal states upon their fixation, despite the fact that many of the provision recorded in their constitutions.You can not say that now this country has built a state of law, and so is real, but it - no.State of Law is considered to be one that publicly, legally and responsibly declares its path of development, which includes the basic principles of the rule of law and which really embodies this statement in their daily activities.
And in one and in the other cases, the rule of law express the eternal desire of humanity for freedom, get rid of all forms of violence and micromanagement, suggest the need for individual freedoms and human rights.
the rule of law based on the understanding and recognition that it is the State that is legally restricted in their activities with respect to human rights.It is recognized that the only and ultimate source of all power in the state is a citizen, and thus a legal state is obliged to obey his will.
modern political and legal science and practice calls following the rule of law:
- formation and the presence of well-developed forms of civil society;
- the legal limit the range of action of the state in respect of human rights;
- recognition of ideological individualism as an integral ideology, each providing freedom to the individual's personal responsibility for their own well-being;
- guarantee legal equality under the rule of the legislative design of human rights over the authority of the State;
- recognition of the right of the properties of universality and ravnorasprostranennosti to all citizens and the state itself;
- recognition of the priority of the sovereignty of the people over the sovereignty of the state;
- real separation of powers of the state, while maintaining the integrity of the political system and the unity of the authorities for the benefit of the people to the extent permitted by the Constitution;
- recognition of the principle of restraint of liberty only if it violates the freedom of another person.
relationship between the individual and the authorities determined by the Constitution.
rule of law, as the right idea, formed for a long time on the basis of the earliest representations of people about freedom, power and the state, which formed in ancient times.On the power of a single and indestructible law, he said in the 6th.BC.Greek king reformer Solon.On the principles of parity and interaction of human rights and state laws mentioned in his writings, Aristotle and Cicero.Conceptually, as an integral doctrine, the signs and the rule of law in the fundamental they were formulated in the 18th - 19th centuries in the works of the early theorists of liberalism.Finally, in its meaning, definition of "lawful state" established in the work of lawyers in Germany - Karl Welker and R. von Mole in the middle of the 19th century.
the rule of law are in constant development, and is therefore still locking the "legal status" of the state is practically impossible for opredelnie and assumes under a continuous improvement of the political and legal System Works.
