What is a rule of law? This question was asked by philosophers and jurists of different nationalities and eras, deriving step by step its distinguishing features and methods of functioning. And today, a whole theory has been deduced that allows us to consider this type of functioning of society and put it into practice.
General through private
To answer the question of what a legal 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 is supreme. To understand the full depth of this statement, it is necessary to understand that under the law are understood the legitimate rules of behavior characteristic of a particular society and country. And, therefore, by law in this case we mean norms established in the adopted order that reflect the position of the majority when taking into account the views of the minority. It is this right that acts as the supreme arbiter in the event of disputes, the adoption of special rules 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 totality 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 comply with the norms established in society.
The third sign states that the law is law, and law is law. Which, in turn, implies the inclusion of provisions on natural rights and international norms on the role of man in the state in the created acts of law. In addition, each act is required to be both legitimate and legal.
The fourth feature determines 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 make it possible to give a more distinct 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 the individual in society and the system of separation of power into strictly profiled branches.
Legal and social state - common ground
Based on the essence of the social state , expressed in creating the most comfortable conditions for the development of a particular individual, we can say that it incorporates all the signs of the phenomenon considered above.
After all, what is a rule of law? This is a society organization built on the legitimacy of accepted device rules. And in the classification of signs of a social state, it is one of the first principles for the development of human potential. Moreover, the rule of law is both an opportunity and guaranteed protection. And, therefore, the answer to the question of what the rule of law is in this context can be defined as the main feature of a social state - an ideal model for organizing human life in society.