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Discursul juridic relativ la statul de drept
Legal speech regarding the rule of law

Author(s): Diana Dănişor
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Government/Political systems, Comparative Law
Published by: Universul Juridic
Keywords: Rule of Law; Rechtsstaat; État de droit; Verstandesstaat; protection of individual rights;

Summary/Abstract: The analysis of the concept of state law from a cognitive point of view presupposes, on the one hand, a definition (which determines the common character of certain objects) and, on the other hand, an extension (the class of objects regrouped because they possess the same characters). From a normative point of view, the analysis can be translated into a series of interrogations (what changes must the system of a particular state suffer in order for it to be fully considered a rule of law or democracy?) that allow it to prescribe certain changes in the positive right. The rule of law has the force and limits of a myth, being a concept in permanent doctrinal and political debate. Supported by people, governments, and organizations all around the world, ideal and global aspirations, the foundation of national political and legal systems, become and recognized as a fundamental component of international relations, it is a highly ambiguous concept, and nevertheless be considered a postulate, an axiom whose validity does not require any demonstration.

  • Issue Year: 2018
  • Issue No: 03
  • Page Range: 42-58
  • Page Count: 17
  • Language: Romanian