What is the essence of the legal state, and what are his signs you will learn right now.
Key characteristics of the rule of law
In order to understand the signs of a rule of law, you must first understand what is its essence. If it is easier to speak, then the legal state is a certain organization of power at which it is not almighty. All its activities limits and controls the law, which does not make it possible to impede the freedom of citizens of this state.
The main distinguishing characteristics of the rule of law is the following nuances:
- recognition of folk sovereiga
- confirmation that it is the people who are the main source of power in the state
- guaranteed protection of each citizen of this country
- authorities under control of public institutions
Signs of legal state
I would like to start with the fact that it was the legal science that the classification of the signs of the state under consideration was formed. Let us consider in more detail these signs and identify their features:
- The law is a supremacy, and from one edge of the state to another
- The separation of power (this principle must always be observed and under any circumstances)
- Between the state and personality there is responsibility, and mutual
- Legal norms have advantages (domination)
- Freedom of personality (without any exceptions)
- Rights are guaranteed to every citizen
In order to better understand the entire essence of the signs under consideration, each of them needs to consider more.
If society is considered to be legal, there can be no structures and organizations in it, whose powers would be a priority authorities of the state type. No parties of a political type or organization of a religious nature have no right in such a society to give instructions to the primacy of the administrative apparatus. Here you can give a few examples:
- in the Soviet Union, for example, the country was led by the Communist Party
- in Europe, in the distant times, the state was led by the Church
All nuances of the legal state
If we talk about this legal state, here only legislation and the constitution are apparatus to create and adopt the powers of the structures of power. This is the rule of law, this is how it looks in practice.
Power in the legal state has several branches, so, none of them can take on the powers and responsibilities for managers of the country. It is necessary to understand that it is the separation of the authorities that the basis of the creation of a legal society and without this, the process in question cannot be produced. Only the separation of power makes it possible to monitor the legality of all activities of the courts, the government itself and the parliament. There are two types of power - executive, as well as legislative, so, it is their presence that makes it possible to hold each other in certain legal framework. As elsewhere, in this area should also be counterweight.
There should be mutual responsibility between the person and the state itself. As mentioned earlier, which means that citizens must fulfill and comply with all the requirements submitted by the state, but the power in turn must fulfill their duties before the same citizens. Only on such cooperation can be ensured by the normal functioning of the legal state.
All relations of any direction that can be formed between the state and directly by the person must be based on the norms of the right-hand type, only this way can be created and ensured to ensure the normal operation of the legal state. If the state is somehow "presses" to a citizen, and help for this is not one of the requirements of the law, this is called the infringement of human freedoms. In turn, a citizen is obliged to fulfill all the obligations to the country that are registered in the law.
To be clearer, explain - a citizen is obliged to pay the tax, which was established by the state (that is, the authorities). In turn, the state provides every citizen the security and confidentiality of his life. In general, each of the parties have its own duties and rights, followed by the law, which needs to be obeyed unquestioned.
Legal norms and their domination, this is the next sign of the rule of law. It means that all conflicts and questions that may arise in the country must be allowed by using the law (registered in the Constitution).
The law must act throughout the state, without any exceptions. It should also be noted that the Constitution cannot contradict the laws and rights. In the entire scheme of the rule of law, there is some reciprocity in question, and without it, the concept under consideration in practice could not work. It is worth noting that today we can observe the defective work of the legal state, or rather this concept. Because much, out of the above, is not respected and disrupted that in itself is not legal.
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