LawState and Law

Concept of the rule of law

Consider the notion of a rule of law. For starters it is worth mentioning that humanity was as it is now not always, and the state did not serve people before . The concept of "rule of law" emerged only in the twentieth century. The idea of it was realized in life not at once and not in all countries of the world.

The concept and principles of the rule of law

It is a significant achievement of modern civilization. What does the concept of a rule of law include? By this term is meant such a state, which is substantially limited in its power by the established law, directly obeys the will of the sovereign law, which in its turn is clearly expressed in the constitution. His calling is the provision of basic freedoms, as well as the rights of the individual. Yes, this concept of the rule of law is correct. Let us now consider its features. They include the following:

- The right dominates absolutely in every sphere of public life. This means that in the same legal situation are the highest authorities, and ordinary people. Officials can not abuse their positions, since the payment for such actions will follow immediately.

- The system that oversees the observance of all existing laws, operates smoothly, continuously, effectively.

- Separation of powers must be real. The point is that the branches of power should touch only the minimum, and then, if necessary. The system of deterrence and balances ensures the independence of individual government bodies.

- The freedoms and rights of people must be guaranteed. The state must recognize that they are the highest value. It should strive to ensure that the system for protecting these freedoms and rights is constantly improved and developed.

- The individual and the state should be responsible for their actions to each other.

- Law and law must be one. The point is that any NPA should fully comply with the natural-legal principles, as well as international legal norms that relate to human rights.

- In the state there should be ideological as well as political pluralism. This is expressed in a multi-party system, the existence of a huge number of public associations and so on.

The notion of a rule of law is quite complex. Which of the following characteristics are the most important? They are all important in the same way.

The rule of law creates conditions that are necessary for the emergence of civil society. It implies that not only the state will control people, but people will also control each other.

Yes, the law is observed not only by citizens, but also by officials of state bodies. This means that the punishment for its non-compliance should be borne by everyone without exception.

The diversity of forms of ownership, independence, as well as the economic independence of individuals, the freedom of entrepreneurship, the sovereignty of the people, democracy, consistent legislation, civil society, and the high level of public and political culture are prerequisites for the formation of a state based on the rule of law.

Personality in a law-governed state develops freely and without hindrance, it does not encounter any serious barriers or obstacles on its way of becoming. Such an education will never arise on its own, since it is the product of the purposeful development of the whole society. It can not be said that it exists in our country. What is available in Russia today can only be called an illusion of the rule of law.

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