Table of contents:
Video: What is the rule of law - a simple answer to a complex question
2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:54
What is the rule of law? This question was asked by philosophers and jurists of different nationalities and eras, deducing step by step its distinctive features and methods of functioning. And to date, a whole theory has been developed that allows us to consider this type of functioning of society and put it into practice.
General through particular
To answer the question of what a rule of law is, one should derive the main features to which it must obey. And there are four of them in science.
The first sign says that in such a state the law has the highest force. To understand the full depth of this statement, it is necessary to understand that law refers to the legitimate rules of conduct that are characteristic of a particular society and country. And, therefore, the law in this case means the norms established in the accepted order, which reflect the position of the majority, taking into account the opinion of the minority. It is this right that is the highestan arbitrator in the event of disputes, the approval of special orders in society and, in general, in the formation of legal norms.
The second feature is aimed at the legal protection of an individual within a particular country. And this, in turn, means that the entire set of legal norms is subordinated to the interests of the individual in society. He has the right not only to enjoy 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 right, and the right is the law. Which, in turn, presupposes the inclusion of provisions on natural rights and international norms on the role of a person in the state into the created acts of law. In addition, each act must be both legitimate and legal.
The fourth feature defines the obligation to divide power into three independent branches, equal cooperation between which leads to the provision of the first three features. These distinctive features of the rule of law allow us to give a more intelligible definition, namely:
The rule of law is a type of organization of society in which law is the legitimate basis for the existence and functioning of an individual in society and the system of division of power into strictly profiled branches.
Legal and social state - points of contact
Based on the essence of the social state, expressed in the creation of the most comfortable conditions for the development of a particular individual, one canto say that it absorbs all the signs of the phenomenon considered above.
After all, what is the rule of law? This is the organization of society, built on the legitimacy of the accepted rules of the device. And in the classification of signs of a social state, it is one of the first principles for the development of a person's 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 is the rule of law in this context can be its definition as the main feature of the social state - an ideal model for organizing human life in society.
Recommended:
Pareto rule: what is it and how to apply this law in practice
This principle has long been used by many successful people, while for the rest it is an unknown secret. It is much easier for those people who know and are able to apply the Pareto Rule to organize their lives and make the most correct decisions
Why is the sky blue? How to answer a child's question to an adult
The main reason why the sky is blue is precisely the sun's rays and their unique interaction with the air. The sun, illuminating the earth with its bright rays, finds an obstacle in the form of a layer of air that "envelops" our planet from all sides
The golden rule of business economics: the formula. What is the golden rule of economics?
The "Golden Rule" is a moral maxim that relates to the need for reciprocity in bilateral relationships. Its essence is extremely simple: you need to treat people the way you want them to behave towards you
What is a letter? We answer the question
What is a letter? It seems that any student, even elementary school students, can answer this question, not to mention us adults. At first glance, it seems that there is nothing special in this subject - a piece of paper with letters, and that's it. Well, perhaps these paper messages can still be rolled into a tube or neatly folded in half or four times
A mother-in-law is a second mother? Mother-in-law and daughter-in-law: the subtleties of the relationship
Many young girls, having found the desired husband, fall into "hell". They now and then share with their girlfriends their sometimes far-fetched experience. “The mother-in-law is a natural witch, spoils everything!” or “He won’t let me live!” they say. Is it so? Is it possible to fix an important women's issue? And is it worth the effort? Let's figure it out