between the state and the law, there is a very close relationship.The state in various spheres of activity forms the legal standards and uses them, forcing society is a collection of people living in the state to follow them.Thus, every state develops a legal code, and guided them, but whether every state on the basis of this fact, can be called legal?Obviously not: in cases where national laws infringe upon the freedom of its citizens, and not give them the opportunity to realize the natural rights when large strata of the population are excluded from the legislative process and can not influence the practice of law, can not control the apparatus of power with respect to the rights of citizenswhen laws are applied selectively - then a state of law is too early.
lawful state can not occur without a civil society, which is at a sufficient level of development.After all, the existence of such a society - it is the main criterion that the state may be referred to Legal.Consider the civil society and the rule of law.What are these two concepts, because the relationship between them is extremely close and two-way?
In the history of philosophy, legal state for a long time identified with the formation of the state under the control of "wise statesmen."This view of the construction of civil society by the "top" spawned numerous utopia.But the Enlightenment idea was first reviewed the rule of law, which can realize the wishes and aspirations of the masses.Appeared and began to develop the concept of civil society.Jean-Jacques Rousseau, in formulating the concept of "social contract" for the first time distinguished between terimny such as civil society and the rule of law.These two phenomena - "republic" and "association" Citizens have their own problems, sometimes contradictory and antagonistic.In legal state authorities and society as though "signed an agreement" on mutual respect and undertake to comply with certain rules (laws).
most thorough study the problem of delimitation of the state and civil society suggested that Hegel.He sees society and state as separate institutions.Therefore, there is a clear relationship of civil society and the rule of law.The latter is represented and acts strictly universality expressed in the aggregate will of the citizens.If we try to characterize the essence of civil society, it is the field of legal implementation of the private interests of the people.
have the rule of law, there are certain symptoms.This is the rule of law, that whosoever is equal before the law and protected them from the arbitrariness of the authorities.This mandatory separation of powers on the judicial, executive and legislative (in the most developed countries, civil society and legal state in this area are linked by the fact that society has the function of supervisory authority over the actions of the authorities).This priority of the rights of citizens and their freedoms as of paramount importance than the interests of the state and the interests of the people inhabiting the country.And finally, it is the mutual responsibility of the state and the individual.That is, a person can express whatever you like, as long as it does not violate the rights of others.
ratio of the rule of law and civil society can be described so that the civil society has something similar to the social basis of the state.Without this component of the state of law is impossible.But not vice versa.Civil society without the rule of law is possible - but it is fraught for those powers that be, who neglect the interests of active and already mature civil society.
But civil society action aimed at building or maintaining the rule of law, even if the governments are called his actions undermine stability and abuse of authority.Civil society in the developed state seeks to equip legal society as their habitat.Obviously, civil society and legal state constitute a complex and organic social system where both components mutually support and complement each other.
