The rule of law is a democratic type of state, such an activity of state power, in which the rule of law is ensured. All people are equal before the law, and the rule of law is one of the main features; there is a process of equality of all before the court, and there is a high probability of observing the rights and freedoms of the individual. The paper studies justice and the rights of people in the concept of the rule of law.
The problems of the rule of law have always worried advanced people. The relevance of the chosen topic is due to the fact that in the modern world, such a phenomenon as the relationship between state and law is very common and needs to develop the necessary recommendations. The value of the topic lies in the fact that without the state and law, without studying their functions, characteristics, and correlation, a fair developed society cannot exist.
The state and the law are interdependent on each other, but nevertheless, they are more or less independent. With the vast scientific experience gained over the past time, theoretical studies of the state and law are still relevant today, points of view about their meaning, forms, and patterns of development are diverse, and the process of their knowledge is endless. Discussions about the relationship between the state and law existed both in the distant past and up to the present.
The solution to the question of the relationship between state and law is directly dependent on how a particular scientist solves this issue. A large number of thinkers correlated the rule of law and justice based on their concepts of the state and law. In this regard, there are a huge number of ideas about the interaction between the state and law. In modern legal science, the category of justice is explored from various points of view: as a moral, social and legal phenomenon. However, in the social question, justice is the basis for the development of a successful society.
In law, the word “justice” is associated with specific requirements for the organization of effective legal regulation. The task of legal science is to identify and prove what specific legal norms should express in order to be able to name them fair (Marzen, 2020). In the legal literature, the importance of understanding by the legislator the idea of justice, which is an internal property and quality of law, has been repeatedly noted (Behrens & Trask, 2020). The question of the justice or injustice of the law is essentially a question of the legal or non-legal nature of the law, its compliance, or inconsistency with the law.
Justice is a moral concept that has its roots in the pre-state and pre-legal period in the development of human society. It cannot be mediated by the framework of the exclusively legal matter. There is no doubt that justice is a social phenomenon, but it is not possible to look for its roots only in a certain hierarchical structure of society (May & Winchester, 2018). When writing a term paper, general scientific, private scientific, and special research methods were used, including historical, logical, monographic, methods of analysis, synthesis, and others.
Ideas of justice are the common value denominator that allows one to make judgments about the justification for the existence of socio-political structures within which the life of each person takes place. Based on the application of this normative category, the question of whether it is worth accepting the surrounding social reality as it is being decided (Wardhaugh, 2021). Regulation of social relations is the main social function of the state and law. For many years, the problem of identifying a special group of rights – social human rights – and including it in the Universal Declaration of Human Rights has remained debatable.
In conclusion, the state and law in the face of the socio-economic and spiritual structure of society have a single cause, which is very prolific and cannot suddenly disappear, having exhausted its possibilities. The social and spiritual needs, the economic foundations that have been and are implementing the state and law and that determine their subsequent development within the framework of the current social system, are the same.
In numerous international legal acts of different levels, the idea of the legal obligation of both civil and political, as well as socio-economic rights, their interconnection, and inseparability is conducted. First of all, it is talking about the fact that any rights, freedoms, and obligations recognized and guaranteed by the state in the legislative order should not be opposed or interpreted to the detriment of others. This is due to the fact that in their totality they form the legal status of a person.
Within the framework of the political and legal system, the state and law act as constituent elements, the relationship between which and their activities largely determine the essence and main trends in the development of this system. The state and law in themselves have much less independence than their combination into a single whole. The state uses the law as a means of managing social processes, but to the extent that the law itself allows it.
Despite this, the problem of the relationship between state and law has been and will be faced by society at any time. Social relations undergo changes over time, and the form and content – these mandatory characteristics of law – must change. In the process of creating new laws, there are always errors, both subjective and objective. Thus, when changes are made, further research should focus on the issue of fairness in relation to the introduced laws.
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.