What is a law-governed state - a simple answer to a complex question

What is a rule-of-law state? This question was asked by philosophers and jurists of different nationalities and epochs, deducing step by step its distinctive features and methods of functioning. And to date, a whole theory has been derived, allowing to consider this kind of functioning of society and to introduce it into practice.

General through private

In order to answer the question of what a rule-of-law state is, it is necessary to derive the main features to which it is obliged to obey. And there are four of them in science.

The first sign says that in such a state law has the supreme power. In order to understand the depth of this statement, it is necessary to understand that the right refers to the legitimate rules of behavior characteristic of a particular society and country. And, consequently, the law in this case refers to the norms established in the adopted procedure, which reflect the position of the majority when taking into account the opinion of the minority. It is this right that acts as the supreme arbiter in the event of disputes, the adoption of special orders in society and, in general, the formation of legal norms.

The second feature is aimed at legal protection of an individual within a specific country. And this, in turn, means that the whole aggregate of legal norms is subordinated to the interests of the individual in society. He has the right not only to use the established rights, but also to create them. However, at the same time, a person is obliged to fulfill the norms established in society.

The third sign says that the law is the law, and the law is the law. That, in turn, involves entering into the created acts of law provisions on natural rights and international norms on the role of man in the state. In addition, each act must be both legitimate and legal.

The fourth sign determines the duty of dividing power into three independent branches, an equivalent cooperation between which leads to the provision of the first three attributes. These distinctive features of the rule of law make it possible to give a more distinct definition, namely:

A law-based state is a type of organization of a society in which law is the legitimate basis for the existence and functioning of the individual in society and the system of separation of power into strictly profiled branches.

Legal and social state - common ground

Relying on the essence of the social state , expressed in creating the most comfortable conditions for the development of a particular individual, it can be said that it incorporates all the signs of the phenomenon considered above.

After all, what is the rule of law? This organization of society, built on the legitimacy of the accepted rules of the device. And in the classification of signs of a social state is one of the first to develop human potential. At the same time, the rule of law is both an opportunity and a guaranteed protection. And, therefore, the answer to the question of what a rule of law is in this context can be its definition as the main feature of a social state - an ideal model for organizing the life of a person in society.