The state can not exist without the right. These concepts are interrelated and can not exist without each other. The rule of law and its signs - this is a favorite topic of law theorists since the beginning of the XIX century. The first legal analysis of this concept was given by Robert von Mohl in the distant 1838. It was this scientist who introduced the concept into scientific use. Consider what a legal state and its signs are in our time and in accordance with modern science.
What it is?
A rule of law state is a power thatin all its organization and activity is subject to the law. At the same time, she has a definite purpose. This is to ensure the rights and freedoms of its citizens. In general, the rule of law and its attributes refer to the constitutional characteristics of the state.
What is it?
The following provisions refer to the features of the rule of law:
- recognition and guarantee of human rights and freedoms;
- separation of powers;
- unquestioning rule of law.
Now consider each of them. The first sign of the rule of law is recognition, as well as the observance and protection of universal rights, freedoms, as well as the interests of man and citizen, and at the same time their supreme value and priority. Such facts as the provision of a mechanism for guaranteeing the aforementioned privileges and the independence of the court, as well as separate principles of legal proceedings and other legislative provisions, help in the implementation of this provision.
The following characteristic suggeststhe delineation of the three branches is essentially one domination, namely the separation of the legislative power along with the executive and the judiciary. This division into equal, interrelated, relatively independent and restraining industries is designed to ensure the necessary balance of interests. It is it that makes power essentially integral and unified. This division is called horizontal. And, finally, the final touch in this whole system is the rule of law. Than it is provided?
First, by the fact that it is constitutionally establishedthe duty of all government bodies, as well as officials, without exception, to act unconditionally strictly within the framework of the Basic Law and other normative acts. Secondly, the fact that the supremacy of the Constitution in relation to other norms of legislation should be ensured. And, thirdly, by the fact that in the country, at the legislative level, the property of the priority of international generally recognized principles before national normative acts is fixed. The rule of law and its signs are of interest, because it is precisely such a device of power that is the only correct one. Such a state is perfect, and to it it is necessary to strive to the full. It is this state that really exists according to the will of the people and for him, and therefore at the same time is completely democratic in essence.