What is the state of law?This question was asked by philosophers and jurists of different nationalities and ages, bringing a step by step its characteristics and methods of operation.And today the whole theory is derived, which allows to consider this type of functioning of the society and implement it in practice.
general through private
To answer the question of what the rule of law, should bring the main features of which it is obliged to comply.Their science is derived four.
first sign states that in such a state has the right to a higher power.To understand the depth of this statement, it should be understood that under the right to understand the legitimate rules of conduct specific to certain societies and countries.And, therefore, under the law in this case refers to the procedure specified in the accepted norms, which reflect the views of the majority taking into account the views of the minority.It is right to favor the final arbiter in disputes, approving a special order in society as a whole in the formation of legal norms.
second feature is aimed at legal protection of the individual within a particular country.This, in turn, means that the entire set of legal standards subjected to the interests of the individual in a society.He has the right not only to use the established rules, but also to create them.However, this person is obliged to perform and established social norms.
third sign says that the law is the law, and the law is the law.That, in turn, implies the occurrence of acts created in the right position on natural law and international nature of the role of man in the state.In addition, every act is required to be worn as a legitimate and legal in nature.
fourth sign determines the obligation of separation of powers into three independent branches, equivalent co-operation between them leads to the provision of the first three characters.These features allow the rule of law to give a more distinct definition, namely:
The rule of law - is a type of social organization in which the right to have a legitimate basis for the existence and functioning of an individual in the society and the system of separation of powers on a strictly shaped branches.
legal and social state - the point of contact
Based on the nature of the welfare state, expressed in the creation of comfortable conditions for the development of a specific individual, it can be said that it incorporates all the features of the phenomenon considered above.
fact that such a legal state?This organization of society, based on the legitimacy of the rules adopted by the device.A classification features of the welfare state is one of the first to begin the development of human potential.In this state of law it is at the same time offer an opportunity, and guaranteed protection.And, therefore, the answer to the question of what the rule of law in this context, is his definition as a major feature of the welfare state - an ideal model for the organization of human life in society.
