Legal state: concept and main features. What is a legal state? This is a question that is probably of interest to many of our fellow citizens, because they want to live in the country, guarantees an effective protection of their rights and freedoms.
What is a legal state? This is a question that is probably of interest to many of our fellow citizens, because they want to live in a country that guarantees the effective protection of their rights and freedoms.
The notion of a "legal state": what does it mean?
Different thoughts about the idea of the rule of law can be found in the works of many famous lawyers and philosophers. It is important to emphasize the point that there is no single point of view on the idea of such a "paradise". All authors confirm the importance of symbiosis of state and law. This means that there should be no lawlessness. In the state, there is a need to understand the need for systemic action, but within the framework of well-defined rules of conduct. There should not be a privileged position in certain groups of people.
The rule of law is a system in which all governing bodies stand in the protection of the rights and freedoms of people living in a particular country.
Three branches of power
It is worth considering the signs of the rule of law. Probably the main point that characterizes this type of organization is the principle of separation of powers. State power is divided into legislative, executive and judicial. The role of each of these types of power is different.
Legislatures adopt normative legal acts regulating the main areas of society. The government is working in the realm of implementing the rules reflected in the laws. The main sphere of activity of the executive power is the state economy. Courts in the system of state power also have a great influence, because the law and the rule of law guarantee the realization and protection of the interests of each individual individual and society as a whole.
The principle of national sovereignty
The concept of a law-governed state implies the important role of the people in the management of the country. How can people exercise their right to influence state policy? There are two main ways of public participation in public administration. The first way is choices. Each citizen comes to the polling station and cast his vote for the candidate (party), whose program he most suitable. Voting must be honest, without bribing voters.
The second way of realizing democracy is a referendum. In European countries important political and social issues are only resolved. First, people must express their opinions, but the authorities must listen to him. With the help of a referendum, not only questions of the life of the state as a whole, but also a specific community (city, village) in particular.
The Constitutional Court as a control body
The Constitution is the basic law of any state. This is a normative act that has a higher legal force. Laws, decrees, orders are adopted on the basis of the Constitution and with the aim of realization, specification of the norms reflected therein.
The Constitutional Court is the body that protects the constitutional order in the state. The main function of this instance is to monitor compliance with the norms of laws and other normative acts with provisions enshrined in the Basic Law of the state. Deputies of the legislative body elected by the people, members of the government, the president, representatives of the public can appeal to the Constitutional Court. Although their petitions are not necessarily accepted for consideration, if the issue is raised really serious, the court will necessarily resolve it.
The rule of law as an important guarantee of justice
The notion of a rule of law means the mandatory observance of the rule of law principle. What is its essence? Firstly, the body that did not accept the regulatory act is not authorized to cancel it. The exception is the Constitutional Court, which has the right to invalidate any act that does not comply with the provisions of the basic law. Secondly, any by-law or a law must not conflict with an act of higher legal force.
The rule of law and society: the order of interaction
Civil society exists within the existing legal system. The life of society and the state is now interconnected. How is it manifested? The rule of law is the institution that issues a certain law binding on the company. The one who created the law can not break it himself. Logically? So! Only members of the public can violate the rules of the law. Accordingly, offenders, if guilty brought to trial, will be liable under criminal, civil or administrative law.
Society can also put forward its claims to the state. The forms of manifestation of these requirements may be different:
- address of representatives of public organizations to the authorities;
- demonstrations, revolutions;
- referendum on people's initiative;
- the activities of political parties.
Principle of responsibility of the state and person
Considering the signs of the rule of law, one should not forget that not only people are responsible to the state for committing the perpetrators, but also the authorities must answer the man. For example, the state took the responsibility to pay a person a monthly pension, because he spent all his life on the state, benefited him. For some time, the pension was paid without problems, and then failures began. Of course, this can only be due to financial problems in the country, but the fact of non-fulfillment of obligations in this case is available. The rule of law and society necessarily interact.
Enforcement of rights enshrined in human rights law
Basic human rights and freedoms are usually enshrined in the Constitution of the state. The rule of law is that institution, which clearly guarantees the reality of all human rights. Nothing will threaten his life, he will receive the financial resources he needs. In case of violations of their rights by the state apparatus or other persons, the person will be confident that he will be able to defend his interests through the court.
Truly a legal state is a unit that is not easy to create. The fact is that the full implementation of all laws is possible only in a society that has reached a high level of legal culture. How does the level of such culture appear? Citizens know all the basic laws; have a high level of trust in law enforcement agencies; people trust the law, laws, and are sure that only observing the rules of law can achieve positive results in the life of society.
The civil and legal state will succeed only on condition of a high legal culture of the population.