Guarantee of human rights and freedoms: the rule of law and its features

The state can not exist without the right. These concepts are interrelated and can exist without each other. The rule of law and its signs - this is a favorite topic of law theorists since the beginning of the XIX century. The first legal analysis of this concept was given by Robert von Mohl in the distant 1838. It was this scientist who introduced the concept into scientific use. Consider what a legal state and its signs are in our time and in accordance with modern science.

What it is?

A rule of law state is a power that in its entire organization and activity is subject to the law. At the same time, it has a definite purpose. This is to ensure the rights and freedoms of its citizens. In general, the rule of law and its attributes refer to the constitutional characteristics of the state.

What is it?

The following provisions refer to the features of the rule of law:

• Recognition and guarantee of human rights and freedoms;
• separation of powers;
• Unquestioning rule of law.

Now consider each of them. The first sign of the rule of law is recognition, as well as the observance and protection of universal rights, freedoms, as well as the interests of man and citizen, and at the same time their highest value and priority. In the implementation of this provision, such facts as the provision of a mechanism for guaranteeing the above privileges and the independence of the court, as well as separate principles of legal proceedings and other legislative provisions, help in the implementation of this provision. The following characteristic presupposes the delineation of the three branches in essence of one domination, namely the separation of the legislative power alongside the executive and the judiciary. This division into equal, interrelated, relatively independent and restraining industries is designed to ensure the necessary balance of interests. It is it that makes power essentially integral and unified. This division is called horizontal. And, finally, the final touch in this whole system is the rule of law. Than it is provided? First, by the fact that it is constitutionally established the duty of all government bodies, as well as officials, to act unconditionally strictly within the framework of the Basic Law and other normative acts. Secondly, the fact that the supremacy of the Constitution in relation to other norms of legislation should be ensured. And, thirdly, by the fact that in the country, at the legislative level, the property of the priority of international generally recognized principles before national normative acts is fixed. The rule of law and its signs are of interest, because it is precisely such a device of the state that is the only correct one. This state is perfect, and to it it is necessary to strive to the full. It is precisely such a state that really exists by the will of the people and for it, and therefore at the same time is completely democratic in its essence.