Home Archive 2015 ISSUE № 10/2015 ПРАВОВАТА ДЪРЖАВА – УНИВЕРСАЛЕН СТАНДАРТ ЗА ЗАКОННОСТ И ЛЕГИТИМНОСТ

ПРАВОВАТА ДЪРЖАВА – УНИВЕРСАЛЕН СТАНДАРТ ЗА ЗАКОННОСТ И ЛЕГИТИМНОСТ

Български English

Author

Ivan Petrov

 

Annotation

One state in which the Rule of law is obeyed as a basic principle is a state where the organization of the public authority is constructed in a way in which between the civil society and the political state exists one determined borderline. One of the basic functions of the Rule of law is to create conditions under which it is almost impossible for the political authorities to invade the civil liberties of the citizens without a lawful reason. The Rule of law is  universal standard for lawfulness and legitimacy. It is universal because it is spread through many different countries in the world. It is a standard for lawfulness because it creates the minimal formal procedural rules which make the pubic authority bound by the law. It is a standard of legitimacy because the Rule of law intends to follow the fundamental constitutional principles included in the constitutions of the states. This leads to the fact that the modern constitutional theory recognizes the formal conception of the “Rechtstaat” as well as the substantive conception of the liberal and social “Rechtstaat”. This achievement of the modern world is a result of both evolutional and revolutionary development of the ideas for the state and the law.

 

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