Saturday, October 07, 2006

State of Law

State of law is an institutional form of political organization of society, which has as the main aim the protection and promotion of the basic human rights and liberties. State of law is not a state where the laws are respected, but it is a state where the human rights serve as the primordial values for the whole government, for population and for the social ideas.

The characteristics of a State of Law:
Normally, the first characteristic is the level of democratization of the state. A totalitarian state cannot be a State of law. It can be determined by the electuary fact – how the election procedure takes place. If the whole population, that reached the age 18, has the right to vote the Parliament, to vote secretly and by his own will. The population should have the right to change their representatives in the Parliament, the governors, anytime they want it.
By its form of government – a State of Law is based on the principle of the separation of the state powers. This principle guarantees a real independence of the justice. Each political, institutional authority should have its own domain of influence. A contrary example can serve the USSR, or other totalitarian states which denied this principle.
The supremacy of Constitution, which is based on the fundamental human rights, and liberties, which everyone should obey, and no other juridical norm, no governor can conquer it.
Equal rights and chances to everyone. A State of Law is a social state anyway, which protects the rights of every human, no matter of his age, sex, nationality, religion, social status etc.

In conclusion, a State of Law is, first of all, a democratically governed state.

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