The concept of "rule of law" is an aggregateideas, ideas, theories and views, in which, on the one hand, today, the most outstanding foundations of constitutionalism are reflected.
On the other hand, a legal state is a right-idea,that is, the vector, the direction in which the direction of development of any subject of political activity is declared. That is why today there are no legal states in the world on the fact of their fixation, despite the fact that many of these provisions were fixed in their constitutions. It is impossible to say that this country has already built a legal state and is such as such, but this one is not. The legal state is considered to be the one that publicly, legally and responsibly declares its development path, which includes the basic principles of the legal state and which really embodies this statement in its daily activities.
In both cases, the principles of legalStates express the eternal desire of humanity for freedom, deliverance from any form of violence and petty care, imply the need to ensure individual freedoms and human rights.
Principles of a legal state come fromunderstanding and recognizing that this is such a state that is legally limited in its activities regarding a person. At the same time, it is recognized that the only and supreme source of any power in a state is a citizen, and therefore the rule of law must obey its will.
Modern political and legal science and practice names the following principles of the rule of law:
- the formation and presence of a sufficiently developed form of civil society;
- legal limitation of the range of state actions in relation to a person;
- recognition of ideological individualism as an integral ideology of each, ensuring freedom with the individual personal responsibility for their own well-being;
- guarantee of legal equality in the legislative formulation of the principle of the primacy of human rights over the powers of the state;
- recognition for the right of its property of universality and equal distribution to all citizens and the state itself;
- recognition of the priority of the sovereignty of the people over the sovereignty of the state;
- a real separation of state powers, while maintaining the integrity of the political system and the unity of the actions of the authorities for the benefit of the people within the limits permitted by the constitution;
- recognition of the principle of restriction of freedom only if it violates the freedoms of another person.
The relationship between the individual and the power structures is determined by the constitution.
The rule of law, as a right-idea,was formed for a long time on the basis of the earliest ideas of people about freedom, power and statehood, which were formed in deep antiquity. About the power of a single and inviolable law, spoke in 6 c. BC. ancient Greek reformer king Solon. Aristotle and Cicero wrote in their writings on the principles of correlation and interaction of human rights and state laws. Conceptually, as an integral doctrine, the signs and principles of a legal state in the fundamental ones were formulated in the 18th and 19th centuries in the works of theorists of early liberalism. Finally, in its meaning, the definition of the “rule of law” was established in the works of lawyers from Germany, C. Welker and R. von Mol, in the middle of the 19th century.
The principles of the rule of law are incontinuous development, and therefore the fixation of the “legal status” of the state is almost impossible by definition and implies a continuous improvement of the political and legal system.
