Justice Is the Rule of Law
The rule of law itself is an integral part of any democratic society. The concept of the rule of law requires that all officials treat every person with dignity, equality, rationality, and law. Moreover, it maintains that everyone should have the opportunity to appeal any decisions to independent and impartial courts if those decisions are unlawful. The trial itself must be fair and comply with all legal norms. Thus, the rule of law is focused on the exercise of power and the relationship between the individual and the state. In modern scientific, legal literature, the legal state is defined ambiguously but with different accents in its essential characteristics. There are many other approaches to the essence of the rule of law. I am interested in this topic because I believe that a fair rule of law is necessary for a successful life in society.
The rule of law in the modern world can be defined as a democratic state. It is distinguished by ensuring the rights and freedoms of citizens and their participation in the choice of representatives of power, through which the will of the people is conducted. Moreover, this type of state means a developed civil society with a high level of legal culture. The rule of law does not restrict residents from expressing and disseminating their beliefs if this happens within the framework of the law. The material security of the population can be achieved under the condition of the optimal development of productive forces on the basis of modern achievements in scientific and technical progress stimulated by industrial relations (Zalnieriute et al., 2019). The ownership of the means and products of the production, especially for profit.
In addition, justice in a modern legal state means gender equality. Gender equality recognizes the equality of the sexes before the law but includes other areas as well. According to this law, the authority and responsibility of men and women are recognized as equal rights. This means that both genders can take part in the social and political life of the community. The post-industrial society, outside the specifics of certain countries, has common features that predetermine the following basic social prerequisites for the formation of a rule of law state.
Freedom and Separation of Power
At present, the rule of law can be characterized as a state whose power is based on law. Moreover, the law can limit the power and be realized with it. The two main elements that form the rule of law are the freedom of a person, including the full provision of his rights, and the restriction of the possibility of power. The separation of powers is one of the basic principles of the well-being of society. Separation allows residents to be sure that the authorities will not become authoritarian. Thus, the three branches of government have different responsibilities and are the same in their strength.
In conclusion, it should be said that up to the present moment, there is no clear definition of the rule of law. It is needless to say that fairness is distinguished by equal rights and obligations. In addition, this is confirmed by the introduction of gender equality laws. However, the weak side lies in the definition and consideration of the features of the rule of law.
Different approaches to law, and different views on the essence and functions of the state are due to the diversity of views on the historical fate of law and the state. Moreover, the exercise of rights in individual cases has not been fully considered. Therefore, further research should be directed to the study of gender rights. In order to overcome weaknesses, it is necessary to analyze and identify clear and peremptory signs related to the rule of law.
Kelemen, R. D. (2019). Is differentiation possible in rule of law?. Comparative European Politics, 17(2), 246-260.
Zalnieriute, M., Moses, L. B., & Williams, G. (2019). The rule of law and automation of government decision‐making. The Modern Law Review, 82(3), 425-455. Web.