Constitutional state
A state with a democratica form of government in which the rule of law prevails, the people's equality before an independent court and law. It guarantees and recognizes the freedoms of a citizen, and the basis of state power is the basic principle of separation into legislative, judicial and executive. It is limited only by the rules of law. In the absence of democracy, a legal state can not exist. Freedom of economic activity, developed civil society are among the main features of such a state.
Civil society is a free legal,developing in the conditions of a democratic regime, a society focused on a specific person. It fosters respect for laws and traditions, humanistic ideals, ensures freedom of entrepreneurial and creative activity, enables people to achieve prosperity and realize their rights as individuals and citizens.
In civil society, which gives us legalstate, there are many independent institutions, unions, organizations that operate within the law and serve as a barrier to the monopolization of power. This society develops with the state.
The main functions of the rule of law:
- Economic function. It regulates market relations, a multistructure economy with full independence of private enterprises, as well as production of products necessary for society.
- Law enforcement function. Protection of freedoms and rights of the individual, maintenance of order in society.
- Social function. Providing immediate needs of citizens, environmental protection, free medicine and so on.
Ideas of the rule of law are expressed inthe basic laws of many modern states. His ideas are aimed at limiting power by law; the establishment of the rule of law, and not of man; ensuring the safety of citizens.
The rule of law in Russia. Its main features:
- Exclusion of monopolization, usurpation of power by one person, body or social layer. Montesquieu said that this leads to "terrifying despotism."
- Constitutional Court - guarantor of stability of the systemState, which ensures the rule of law and the supremacy of the Constitution. The basic law of the state must comply with other regulations and by-laws.
- Rule of law and law. No body, except the legislative one, has the right to change the decision already passed. No normative act should contradict the Basic Law. This sign is a consequence of the previous one. All priorities are on the side of the Constitution. Legislation is exclusively reviewed in Parliament.
- The responsibility of the individual and the state is mutual. The citizen, first of all, bears responsibility before the state bodies, but at the same time the state is not free from obligations assumed.
- All persons, both official and private, legal and physical, are equal before the law. The state has no right to violate the Basic Law.
- Legal culture of citizens. Persons should know their duties and rights and be able to use them;
- Trust of citizens to state structures.
In the phrase "rule of law" on the firstplace, first of all, is "right" and only on the second - "state". Its supremacy is a fundamental characteristic that predetermines all other attributes. The inviolability of the law is enshrined in the Constitution. Strong power in this state is characterized by the fact that it is combined with the rule of law, and the society in which law and order is developed is a priori disciplined.
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