state can not exist without law.These concepts are interrelated and one without the other can not exist.The rule of law and its symptoms - a favorite theme of the theorists right from the beginning of the XIX century.The first legal analysis of this concept was given by Robert von Mol back in 1838.It was this scientist introduced the concept to the academic community.Consider what the rule of law and its signs in our time and in accordance with modern science.
What is it?
The rule of law - it is such a power, which in all its organization and activities subject to the law.At the same time it has a definite purpose.This is to ensure the rights and freedoms of its citizens.Generally, the rule of law and its symptoms are characteristics of the constitutional powers.
What is it?
Signs of the rule of law includes the following provisions:
- recognizing and guaranteeing human rights and freedoms;
- separation of powers;
- neprekoslovnoe the rule of law.
now look at each of them.The first sign of the rule of law is the recognition, as well as respect for and protection of universal human rights, freedoms and interests of citizens, and with it their highest value and priority.Assist in the implementation of the provisions of such facts as to provide a mechanism to guarantee the above-mentioned privileges and independence of the judiciary, as well as certain principles of justice and other legislative fix.The next feature involves the distinction of the three branches of a single rule of the essence, namely the allocation of the legislature, along with the executive and the judiciary.This division into equal, interacting with each other, relatively independent of each other and retaining the industry is intended to provide the necessary balance of interests.That it makes the power of essentially solid and united.This division is called horizontal.Finally, the final touch in the whole system - the rule of law.What is provided?Firstly, the fact that the constitutional obligation to set any and all government agencies, as well as the officials unconditionally to act strictly within the Basic Law and other regulations.Secondly, the fact that the supremacy of the Constitution in relation to the other requirements of the legislation must be ensured.And, thirdly, the fact that the country is enshrined in law the property of the universally recognized principles of international priority to national regulations.The rule of law, and its symptoms are of interest, because it is such a device is the only true power.This state is ideal, and it should be fully pursued.That such a state really exists by the will of the people, and for him, and therefore, is both a fully democratic in nature.
