theory of nation-building for many centuries tormented the minds of scientists, philosophers and politicians.Absolutely everyone wanted to know what the government is worthy to be called "the best."In the process of relentless scientific publications that have arisen in the dictatorship of the majority of the protest and the absolute power of monarchs, to develop a specific concept of political system based on law.Today, the concept of "state of law" comes as no surprise, but a few centuries ago, it was this novel in the world of politics and law.In the XXI century, most of the world's countries committed to ensuring to obtain the title of "the rule of law."An interesting fact is that this concept has a lot of distinctive features and characteristics, which will be discussed in detail in the article.
history of the development of the theory of "the rule of law»
should take into account the fact that the concept of the rule of law emerged in the era of modern times, but its appearance was preceded by a whole series of historical events.Thus, we can talk about the development of knowledge, which are then entered into the theory.The rule of law - a country power that lives and builds its activities on the basis of norms and principles of law.It explains the concept of a particle of the whole concept, many scientists do not agree with it.The history of the state of law in the narrow concept stretches from the time of the reign of King Hammurabi of Mesopotamia.He was the first person who introduced the law in his state.Then the story tells of a Greek city, which create a democracy, Roman law, which regulate all sectors of human life, as well as the famous revolutions of the Middle Ages and modern times, in which people fought for their freedom.Hence, the development of knowledge about the law, the state and their relationship lasted for many centuries.But to understand what are the signs of the rule of law, it is necessary to consider the theory in its classical form, which appeared in the period from the XVI to XVIII century.
classical theory of the rule of law
«Fathers" theory says John Locke, Immanuel Kant, Thomas Hobbes, and Montesquieu.They argued that the distinctive signs of the rule of law is not only the principle of the close relationship of government activities and the right, but also the respect of fundamental freedoms, separation of powers in the main branch.With these fundamental principles can build a constitutional state that will exist for the people, and not by him.Subsequently, the theory has been greatly improved.Today it is the key to many scientists, because it shows how the interaction between the state and the right.Signs of the rule of law have proven the fact that absolutely any country - is primarily a legal and not a political category.
concept of the rule of law
So, given the rich history of the concept, we can distinguish the modern concept of the term.The rule of law - it is a country where all the activity is subject to the principles and legal norms supreme authority bodies are divided according to their powers to protect the rights and freedoms.It should be noted that constitutionalism - this is an exceptional feature of the rule of law.Thanks to him, put into practice the principle of separation of powers and other basic ideas of the regime.Such a state has a number of features that should be considered not only in the relationship system, but separately from each other.
3 main feature of the legal state
In the history of the theory of scientists have put forward a lot of ideas about its basic features.Thus, in the theory of law simply weight.It is not that one right, and others do not.Each theory has a grain of truth, however, the distinctive features of the legal state is:
- rule of law (legality).
- Protecting human rights and freedoms.
- separation of powers into three complementary branches.
exceptional feature of the rule of law is constitutionalism, as it is embodied in it all of the above aspects.
rule of law
hallmark of the rule of law is the rule of law norms.This principle, the category ranked as fundamental, is characterized by the exceptional role of law in the state.At the same time the authorities are obliged to act within the powers that are delegated to them by the legislative acts.Very often, the rule of law is reinforced by a strict hierarchy of regulations in which the law is endowed with supreme legal force after the constitution.The principle is carried out by providing a mode of legality, equality before the law.
protection of human rights and freedoms
The distinctive signs of the rule of law is a real opportunity to protect human rights, as well as ways of its realization.Most of the supporters of natural law believe that even taking into account the public interest in violation of the freedom of the person in no way should be manifested in modern society.However, it must be emphasized quite different approaches to the understanding of "human rights" and their violation.For example, in the United States was still the death penalty, which is not considered a deprivation of the right to life.It is only the most severe punishment of criminals.In many countries in Eastern Europe people pursue any manifestation of homosexuals.There are theories that the human rights and freedoms will actually be provided to the extent in which they are recognized by national law, and no more.
separation of powers into three main branches
principle was largely developed already represented "fathers" of the theory of the rule of law (Locke, Montesquieu, Hobbes).It means the doctrine that all state power should be divided into three branches, which will be completely independent of each other.It has become a key principle in the modern theory of law.In virtually every country, this theory came to life.Certainly, there were developed certain mechanisms of interaction between the major branches with each other.
Thus, the legislature is represented by Parliament, the legislature, the National Assembly (the name of each country may be different).The executive branch is responsible specially authorized central body, and the judiciary is being implemented through the court system in the State.
Additional features
It should be noted that the distinctive signs of the rule of law include a number of additional aspects that are not major, but play an important role.For example, the level of legal culture will directly depend on the implementation process of the rule of law rules (laws), as people must not only comply with these regulations, but also to understand their essence.Also, when asked about what signs of the rule of law exist, it is necessary to say about the mutual responsibility of both the state and the person.When the duty applies only to citizens, they are in fact deprived of the right to vote to the dictates of the state, which is a direct violation of their freedom.The principle of constitutionalism and the exceptional is manifested in the presence of the constitution - the fundamental basis of the legal system of the entire state.
So, in the article we found out what the signs of the rule of law.Almost all of them were once the only undeveloped theories, concepts.But now all the countries of the world exist on the basis of theoretical knowledge.
