EducationThe science

The notion and signs of the rule of law are declared and real

And what, in fact, the state can be called legal? How can one distinguish it from those that only declare their democracy in words, without embodying it in the matter? What do they mean by the concept and signs of the rule of law? Today, virtually every government on the planet can hear statements about the rule of law in their country and the democratic nature of power. However, everything is not so cloudless in practice. Very often such a declared well-being (legal or property) is just a beautiful picture that hides important problems in the country. Let's try to learn how to distinguish between a law-based state, the concept and characteristics of which necessarily imply the conformity of all norms of social life with natural and civil human rights. However, this in no case should mean arbitrariness, and the freedoms of different people should not be contradicted by any one. The concept and signs of a law-governed state presuppose the obligatory presence of an institutional structure in it. We are talking about the division of the branches of power (executive, judicial, legislative and, possibly, some others) and mechanisms through which the people could influence their government ( for example, referendums, re-election, no-confidence vote).

What do they mean by the concept and signs of the rule of law

  1. Absolute supremacy of law in all social spheres. The Constitution and the law must be the highest authorities for the regulation of life and the protection of the interests of people. Absolutely all subjects in the state, irrespective of property, official or other kind of position, have the status subordinated to the law and are equal before it.
  2. The concept and signs of a law-governed state imply an obligatory mutual responsibility as an individual before the state, and the state before each specific person. These rules must necessarily be clearly enshrined in the Constitution.
  3. High efficiency of control over observance of the letter of the law. This is achieved through the functioning of absolutely independent courts. Freedom of the judiciary plays a very important role as guarantor of the inviolability of legal liberties.
  4. Law and law are an interconnected system, compulsorily conforming to all norms of international agreements that address issues of individual rights and freedoms.
  5. An indispensable condition for such a society is political and ideological pluralism, officially enshrined in the Constitution.
  6. In addition to all of the above, the concepts and signs of the rule of law, which determine the real state of affairs, also include the actual implementation of all these legal norms in practice. That is not just a prescribed, but a really functioning division of power branches, social security, guaranteed protection of human and civil freedoms of each individual. Actually, it is the real fulfillment of all this that distinguishes a truly rule-of-law state.

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