I studied and systematized the theoretical foundations of the concept of the rule of law, and traced the phenomenon of the formation of the rule of law. Moreover, the main problems on the way to the formation of the rule of law and its relationship with justice in modern society was examined. I analyzed the foundations of the concept of the rule of law and its principles. To do this, it was needed to study the necessary literature and identify the necessary concepts. I concentrated on the terminology and the current state of the rule of law. The main thing was to resort to the use of general scientific, particular scientific and special research methods, including historical, logical, monographic, methods of analysis, synthesis, and others.
The Rule of Law
The legal literature gave me an understanding of how the word justice in the legal aspect is connected with some requirements in organizing effective legal regulation. It was found that the task of legal science can be formulated as the identification and proof of what legal norms must express in order to establish their justice (Marzen, 2020). Moreover, I made an attempt to understand the concept of the rule of law, to show the history of the development of this concept, to define and outline the features of the rule of law, its main characteristics and foundation. This is due to the fact that the importance of understanding the ideas of justice as a quality of law is often noted in the legal literature (Behrens & Trask, 2020).
The value of justice and law is manifested as a result of the application of certain rights in the state. (Wardhaugh, 2021). This includes the fair nature of the judicial decision, the reconciliation of conflicting parties, the containment of anti-social impulses, and aspirations of individuals and groups, and thereby in ensuring and maintaining peace.
It is important to note that the right acts as a priority in some cases, when it acts as a kind of condition for the realization of the freedoms of an individual. This happens in situations where the laws in force are categorically related to the interests of residents and the state as a whole. At the same time, the existence of adopted legislation cannot be a guarantor of the existence of legal statehood.
An essential indicator of the usefulness of laws from the standpoint of the principle of justice in many respects is their strict consistency with generally recognized standards of human rights and freedoms. This includes the principle of priority and the task of reliable protection of the named values. The value of justice, and through it the law in general, is manifested in one or another result of law enforcement (Wardhaugh, 2021). This includes the fair nature of the judicial decision, the reconciliation of conflicting parties, the containment of anti-social impulses and aspirations of individuals and groups, and thereby in ensuring and maintaining peace.
Justice, the desire to establish and maintain it as it should be, is one of the eternal ideas and desires of mankind. It is a category of public consciousness and universal value, closely related to the understanding of law. Justice is recognized as an integral part of the moral and legal culture, a condition for the normal and peaceful existence of the human community (Wardhaugh, 2021). The idea and requirements of social justice, their consistent implementation play an important role in the qualitative transformation of the life of society, the creation of a democratic legal state in the country.
The rule of law is a sovereign state that concentrates the sovereignty of the people, nations and nationalities inhabiting the country. By exercising the supremacy, universality, completeness and exclusivity of power, such a state ensures the freedom of social relations based on the principles of justice for all citizens without exception. Coercion in a legal state is carried out on the basis of law, is limited by law and excludes arbitrariness and lawlessness (Marzen, 2020). The state uses force within the legal framework and only in cases where its sovereignty and the interests of its citizens are violated. It restricts the freedom of an individual if his behavior threatens the freedom of others.
In order to advance the research, it would be important for me to consider the facts that guarantee the successful formation of the rule of law. More attention would be paid to the improvement of the state apparatus and the implementation of administrative reform as guarantors of justice. The most important directions of this process in the near future are seen as: improving the selection of professional employees of the state apparatus and strengthening the fight against corruption in the state apparatus. Such a study would help to develop and establish more precise theses related to justice in the rule of law.
In conclusion, I would like to note that the concept of a rule-of-law state concentrates universal human values formed in the process of the long-term development of a state-organized society. For the United States, which has adopted universal human values, there is no other way but to build and develop a state of law. The natural progress of human life brings and will bring new elements into the theory and practice of building a state governed by the rule of law.
Behrens, M. A., & Trask, A. J. (2020). The Rule of Science and the Rule of Law. Sw. L. Rev., 49, 436.
Marzen, C. G. (2020). Humble Conservatism: Stewardship, the Rule of Law, and a Consistent Life Ethic. Quinnipiac L. Rev., 39, 133-148.
May, C., & Winchester, A. (Eds.). (2018). Handbook on the Rule of Law. Edward Elgar Publishing.
Wardhaugh, B. (2020). Competition, effects and predictability: Rule of law and the economic approach to competition. Hart Publishing.