The concept of "rule of law" is a collectionideas, ideas, theories and views, in which, on the one hand, today, the most outstanding foundations of constitutionalism are reflected.
On the other hand, the rule of law is a law-idea,that is, the vector, the direction by which the direction of development of any subject of political activity is declared. That is why, today in the world there are no legal states on the fact of their fixation, despite the fact that many of this provision was fixed in their constitutions. It can not be said that this country has already built a legal state and that it is real, but this one is not. A law-based state is considered to be one that publically, legislatively and responsibly declares its development path, which includes the basic principles of the rule of law state and which actually embodies this statement in its daily activities.
And in one, and in other cases, the principles of legalstates express the eternal aspiration of mankind for freedom, getting rid of all forms of violence and petty tutelage, presuppose the need to ensure individual freedoms, human rights.
The principles of the rule of law proceed fromunderstanding and recognition that this is a state that is legislatively limited in its activities relative to a person. It is recognized that the only and supreme source of any power in the state is a citizen, and therefore the rule of law is obliged to obey his will.
Modern political and legal science and practice calls the following principles of the rule of law:
- the formation and existence of a sufficiently developed form of civil society;
- legal restriction of the range of actions of the state in relation to a person;
- Recognition of worldview individualism as an integral ideology of everyone, providing freedom with personal responsibility of the individual for his 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 of the right of its property of universality and equidistribution 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 authorities, while maintaining the integrity of the political system and the unity of actions of the authorities for the benefit of the people within the limits permitted by the constitution;
- recognition of the principle of restraint 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 law-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 ancient times. On the power of a single and indestructible law, spoke in the 6th century. BC. Ancient Greek king-reformer Solon. Aristotle and Cicero wrote about the principles of correlation and interaction of human rights and state laws in their writings. Conceptually, as an integral doctrine, signs and principles of the rule of law in the fundamental were formulated in the 18th and 19th centuries in the works of theorists of early liberalism. Finally, in its meaning, the definition of "rule of law" was established in the works of German lawyers - K. Welker and R. von Mohl in the middle of the 19th century.
The principles of the rule of law are inconstant development, and therefore the fixation of the "legal state" of the state is practically impossible by definition and presupposes constant improvement of the political and legal system.</ p>