The theory of state building for many centuries tormented the minds of scientists, philosophers and politicians. Absolutely everyone wanted to know which state was worthy to be called the "best." In the process of tireless scientific works that arose in protest of the dictatorship of the majority and the absolute power of the monarchs, a specific concept of a state system based on law was developed. Today the concept of “rule of law” is not surprising, but several centuries ago it was a real novelty in the world of politics and law. In the XXI century, most of the world's countries strive to receive the title of “rule of law”. An interesting fact is that this concept has a lot of distinctive features and features, which will be discussed in detail in the article.
The history of the development of the theory of the rule of law
It should be borne in mind that the concept of the rule of law arose in the era of the New Age, but its appearance was preceded by a whole series of historical events. Thus, we can talk about the development of knowledge, which subsequently entered the theory. The rule of law is a country, a power that lives and builds its activities on the basis of the norms and principles of law. This concept explains only a particle of the whole concept; many scientists disagree with it. The story of the rule of law in a narrow concept stretches from the time of the reign of the Mesopotamian king Hammurabi. He was the first person to introduce laws in his state. Further, the story tells about the Greek policies, where democracy reigned, Roman law, which regulated all branches of human life, as well as the famous revolutions of the Middle Ages and the New Age, in which people fought for their freedoms. It follows that the development of knowledge about law, the state and their correlation lasted for many centuries. But in order to understand what are the signs of the rule of law, you need to consider the theory in its classical form, which appeared in the period from the XVI to XVIII century.
The classical theory of the rule of law
The "fathers" of the theory are John Locke, Immanuel Kant, Thomas Hobbes and Montesquieu.
They argued that the distinctive features of the rule of law include not only the principle of close interconnection of state activity and law, but also respect for human freedoms, the separation of powers on the main branches. Thanks to these fundamental principles, it is possible to build a rule of law that will exist for the people, and not at the expense of it.
Subsequently, the theory was substantially refined. Today, it is the key for many scientists, because it shows how the state and law interact.
Signs of the rule of law have proved the fact that absolutely any country is primarily a legal and not a political category.
The concept of the rule of law
So, given the rich history of the development of the concept, we can distinguish the modern concept of the term. The rule of law is a country in which all activities are subordinated to principles and legal norms, supreme authorities are divided according to their powers, and human rights and freedoms are protected. It should be noted that constitutionalism is an exceptional feature of the rule of law. Thanks to him, the principle of separation of powers and other fundamental ideas of the regime are being realized. Such a state is distinguished by a number of features that must be considered not only in a systemic relationship, but also separately from each other.
The main 3 features of the rule of law
In the entire history of the theory, scientists put forward a lot of ideas about its main features. Thus, in the theory of state and law, there are simply a lot of them. This is not to say that some are faithful and others are not. Each theory has a rational kernel, however, the distinctive features of the rule of law include:
- The rule of law (legality).
- Protection of human rights and freedoms.
- The separation of powers into three complementary branches.
An exceptional feature of the rule of law is constitutionalism, since it is in it that all of the above aspects are embodied.
The rule of law
A distinctive feature of the rule of law is the rule of law. This principle, classified as basic, is characterized by the exclusive role of law in the state. In this case, the authorities are obliged to act within the powers delegated to them by legislative acts. Very often, the rule of law is supported by a strict hierarchy of regulations, in which the law is endowed with the highest legal force after the constitution. The principle is implemented by ensuring the rule of law, equality of all before the law.
Protection of human rights and freedoms
The distinctive features of the rule of law include the real possibility of protecting human rights, as well as the ways of its implementation. Most supporters of natural law are sure that even taking into account the state interest, a violation of human freedoms should not be manifested in any way in modern society.
However, a rather different approach to understanding “human rights” and their violation should be emphasized. For example, in the United States there is still the death penalty, which is not considered a deprivation of the human right to life. This is only the most severe punishment for criminals. In many countries of Eastern Europe, people are harassed by any manifestation of homosexuality. There are theories that human rights and freedoms will be really ensured in the amount in which they are recognized by national legislation, and nothing more.
The separation of powers into three main branches
The principle was largely developed by the already presented “fathers” of the theory of the rule of law (Locke, Montesquieu, Hobbes). It implies the doctrine that all state power should be divided into three branches, which will be completely independent of each other. The principle has become key in the modern theory of state and law. In almost every country, this theory has come true. Of course, certain mechanisms for the interaction of the main branches with each other were developed.
Thus, the legislative power is represented by parliament, legislature, and the national assembly (in each country the name may be different). A specially authorized central authority is responsible for the executive branch, and the judiciary is implemented through a system of courts in the state.
Additional signs
It should be noted that a number of additional aspects that are not basic but play an important role are among the distinguishing features of the rule of law. For example, the process of implementing the principle of supremacy of legal norms (laws) will directly depend on the level of legal culture, since people should not only comply with these norms, but also understand their essence. Also, when answering the question of what signs of the rule of law exist, it is necessary to say about the mutual responsibility of both the state and the individual. When duties extend only to citizens, they are effectively deprived of their right to vote before the state order, which is a direct violation of their freedom. The principle of constitutionalism is exceptional and manifests itself in the presence of a constitution - the main basis of the legal system of the entire state.
So, in the article we found out what are the signs of the rule of law. Almost all of them were once only incomplete theories, concepts. But now all the countries of the world exist on the basis of this theoretical knowledge.