What is a rule of law? This is a question that probably interests many of our fellow citizens, because they want to live in a country that guarantees effective protection of their rights and freedoms.
The concept of "rule of law": what does it mean?
We can find different opinions about the idea of a rule of law in the works of many famous lawyers and philosophers. It is important to emphasize the point that there is no single view on the idea of such a "paradise." All authors confirm the importance of the symbiosis of state and law. This means that there should be no lawlessness. The state needs an understanding of the need for systemic actions, but within the framework of clearly established rules of conduct. There should not be a privileged position in certain groups of people.
The rule of law is a system in which all governing bodies stand on the protection of the rights and freedoms of people living in a particular country.
Three branches of government
It is worth considering the signs of the rule of law. Perhaps the main point that characterizes this type of organization is the principle of separation of powers. State power is divided into legislative, executive and judicial. The role of each of these types of power is different.
Legislative bodies adopt normative legal acts regulating the main areas of activity of the company. The government works in the field of translating the rules reflected in laws. The main area of activity of the executive branch is the state economy. Courts in the system of state power also have a great influence, because law and the rule of law guarantee the realization and protection of the interests of each individual and society as a whole.
The principle of popular sovereignty
The concept of the rule of law implies the important role of the people in governing the country. How can people exercise their right to influence state policy? There are two main ways people participate in government. The first way is elections. Each citizen comes to the polling station and casts his vote for the candidate (party) whose program is most suitable for him. Voting is necessarily fair, without bribing voters.
The second way to implement democracy is a referendum. In European countries, important political and social issues are only so resolved. First, the people must express their opinion, and only the authorities must heed it. With the help of a referendum, not only issues of the life of the state as a whole, but also of a particular community (city, village) in particular are resolved.
Constitutional Court as a control body
The Constitution is the fundamental law of any state. This is a normative act having the highest legal force. Laws, decrees, orders are adopted on the basis of the Constitution and for the purpose of implementation, specification of the norms reflected in it.
The Constitutional Court is the body that protects the constitutional order in the state. The main function of this instance is to monitor the conformity of the norms of laws and other normative acts with the provisions that are enshrined in the basic law of the state. Deputies of the legislative body elected by the people, members of the government, president, and members of the public can apply to the Constitutional Court. Although their petitions are not necessarily accepted for consideration, if the issue is raised really serious, the court will certainly solve it.
The rule of law as an important guarantee of justice
The concept of the rule of law implies the mandatory observance of the rule of law. What is its essence? Firstly, a body that has not adopted a regulatory act is not authorized to repeal it. An exception is the Constitutional Court, which has the right to invalidate any act that does not meet the norms of the basic law. Secondly, any subordinate act or law should not contradict an act that has a higher legal force.
The rule of law and society: the order of interaction
Civil society exists within the existing legal system. The life of society and the state is now interconnected. How is this manifested? The rule of law is an institution that issues a specific law that is binding on society. He who created the law cannot violate it himself. Is it logical? Yes! Only representatives of society can violate the norms of laws. Accordingly, violators, if their guilt is proved in court, will be held liable under criminal, civil or administrative law.
The company may also put forward its demands to the state. The forms of manifestation of these requirements may be different:
- appeals of representatives of public organizations to the authorities;
- demonstrations, revolutions;
- referendum on popular initiative;
- the activities of political parties.
The principle of responsibility of the state and the individual
Considering the signs of the rule of law, we must not forget that not only people are responsible to the state for committing offenses, but the government must answer to the person. For example, the state took the obligation to pay a person a monthly pension, because he worked all his life for the state, benefited him. For some time, the pension was paid without problems, and then failures began. Of course, this can only be due to financial problems in the country, but the fact of default in this case is obvious. The rule of law and society necessarily interact.
Enforcement of human rights in laws
Fundamental human rights and freedoms are usually enshrined in the Constitution of the state. The rule of law is that institution in which the reality of all human rights is clearly guaranteed. Nothing will threaten his life, he will receive the necessary financial resources. In the event of violation of their rights by the state apparatus or other persons, the person will be confident that he will be able to defend his interests through the courts.
A truly legal state is such a unit that it is not so easy to create. The fact is that the full implementation of all laws is possible only in a society that has reached a high level of legal culture. How is the level of such a culture manifested? Citizens know all the basic laws; have a high level of trust in law enforcement agencies; people trust law, laws, and are confident that only by observing the rule of law can one achieve positive results in society.
A civil and legal state will be successful only if the population has a high legal culture.