Realization of the Principle of the Rule of Law in Civil Law Relations Cover Image

Остварување на принципот на владеење на правото во граганскоправните односи
Realization of the Principle of the Rule of Law in Civil Law Relations

Author(s): Rodna Živkovska, Tina Pržeska
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Rule of law;Republic of Macedonia;Civil Law;Property;Free Market;
Summary/Abstract: The text shows that the rule of law in modern legal systems is accepted as a fundamental principle in direct correlation with democracy, protection of human rights, and recently with economic development. Due to the different approaches in defining the rule of law in modern legal theory, the text shows that there are two stages of realization of the rule of law – thin principle of rule of law and thick principle of rule of law. The thin principle of rule of law involves laws that in formal sense provide law and order, protection of human rights and civil rights, efficient judicial system etc. The thick rule of law involves certain values such as democracy, security, justice, equality. The text shows that in article 8 of the Constitution rule of law is determined as one of the fundamental values of the constitutional system in Republic of Macedonia. Beside the constitutional proclamation of rule of law, the text shows that the guarantee of ownership, legal protection of ownership and free market play crucial role in realization of this principle in civil relations. In the analysis of general and special laws, it is stated that in achieving rule of law, in the broader sense of the word, the quality of the laws is as important as their quantity (sufficient number of laws that regulate civil relations) because the rule of law should involve values such as justice and equality. Realizing the principle of rule of law in civil relations, as it is shown in the text, involves creating legislation based on the principles that govern civil relations. Consistent application of these principles when regulating civil relations is crucial regarding the rule of law because it underlines the nature of these relations instead of suppressing it. The text shows that limitations in civil relations are also in the function of rule of law because the limitations are set in order to create space where the rights of one person may be exercised without limiting the rights of others.The analysis of special laws in the text shows that regulations increasing the liability of government bodies when they are in position to deter-mine right and duties of persons has been recently implemented (for government officials there is a misdemeanor responsibility, and for government bodies liability for damages).The general conclusion is that in Republic of Macedonia there has been a progress regarding the rule of law in all areas of the legal system. However, achieving the so called thick principle of rule of law still represents a challenge for Republic of Macedonia.