The concept of the state of law Cover Image

The concept of the state of law
The concept of the state of law

Author(s): Jerzy Oniszczuk
Subject(s): Politics, Language and Literature Studies, Public Administration, Public Law
Published by: Szkoła Główna Handlowa w Warszawie
Keywords: democratic state ruled by law; rule of law; legitimacy; legalism; rule of law; law-abiding state principles; the principle of trust in the state and the law

Summary/Abstract: Political systems of various states are currently described as the rule of law states, lawabiding states, democratic states ruled by law, lawful states, or law-governed states? Mostly, it is noticed that the states ruled by law are characterized by the fact that the power is exercised by the set of abstract principles which govern the conduct of all people (a general norm) by equal rules, in opposition to the state governed by people (the order of an individual or group of individuals). Such a state acts on the basis of law and within its limits. The above statement corresponds with the apprehension of the law-abiding state. The law observing state is formally characterized by functioning on the basis of, and within the limits of law whereas its substantial dimension means that the law is equal (equal for everyone). This description is not sufficient to characterize the rule of the law state. It is only a fragment of even broader concept of the democratic state ruled by law.

  • Issue Year: 6/2015
  • Issue No: 2
  • Page Range: 57-77
  • Page Count: 19
  • Language: English, Polish