SUBORDINATING THE RULE OF LAW TO THE VALUES ASSIGNED TO THE DEMOCRATIC AND LIBERAL SOCIETY
SUBORDINATING THE RULE OF LAW TO THE VALUES ASSIGNED TO THE DEMOCRATIC AND LIBERAL SOCIETY

Summary/Abstract: Becoming its own subordinate of values, whose observance mandatorily guarantees through the force of coercion exercised by the legitimate power, the state not only submits, it is essentially subjected. In a rule of law subordinated to the values of democracy, society's access to the exercise of democratic power must be ensured by giving equal opportunities, by applying equal legal treatment in equal situations, so that the right to difference of citizens does not seem like a trifle in comparison to their right to belonging. A rule of law based on the essential values of liberalism is one that must justify its interference in the freedom of the individual only in proportion to the aim pursued and only if it is necessary in a democratic society. In essence, the liberal society is that civil society that fully trusts the law by which the state judges social life in order to protect the freedom of individuals. The capacity of a rule of law to protect individuals is an essential attribute of state power, which, for the execution of a certain order, appeals to the coercive force.

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