Ideas about a state based on the supremacy of justice and law appeared back in antiquity. Philosophers and thinkers of that era believed that the most correct form of organizing life in society is equality before the law of both ordinary people and government representatives. These thoughts of Aristotle, Cicero, Plato and Socrates became the basis for creating the theory of the rule of law.
Ideas about the rule of law were constantly developed, a significant contribution to their development was made by philosophers and scientists John Locke (1632-1704), Charles Montesquieu (1689-1755), later Immanuel Kant (1724-1804), Georg Hegel (1770-1831) and others. The first experience in creating a rule of law belongs to America and France, it was in these countries in 1789 that human rights and freedoms were legislated. Modern ideas about the rule of law suggest a number of characteristic features.
The priority of law over the state
A state can be considered legal if the power in it is limited by law and acts in the interests of the individual, in order to ensure the rights and freedoms of a citizen. The border of the rights of one person passes where his actions violate the rights of another. The primacy of law to the state also means that the people have the sovereign and inalienable right to participate in the exercise of state power.
"Law Above All"
Law is a form of expression of law. In a state of law, laws are based on legal principles, and do not sanction arbitrariness, violence and dictatorship. Only the highest legislative body is entitled to change the law, and by-laws should not contradict the law.
Constitution and constitutional court
Human rights and freedoms in a state of law - the highest value. This provision should be enshrined in the constitution of the country or some other document. At the same time, the Constitutional Court ensures compliance with laws of the Constitution and acts as a guarantor of the stability of society.
Principle of separation of powers
The division of state power into three independent branches - legislative, executive and judicial. This approach avoids the concentration of levers of government in the same hands, and avoiding despotism and authoritarianism guarantees the observance of individual rights. The branches of government, with relative independence from each other, establish mutual control.
