Rechtsstaat

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• The legal situation in Germany: the rule of law ( Germany ) ( applicable constitutional law );
• The legal situation in Switzerland: the rule of law ( Switzerland );
• The intellectual history of the concept of development in Germany, see the rule of law ( Germany ) (word and conceptual history ).

A legal state is a state whose constitutional powers are legally bound ( binding laws ) and is thus limited in its actions by law to secure the freedom of the individual. All state action that engages the rights of an individual, thus subject to legal protection. Thus, it can be verified by a court if the decision made is the right.

Rule of law is one of the most important demands that are placed on a modern polity. It was conceived as a response to the absolutist police state and should state power limit ( government of laws ).

Formation

The constitutional guarantee of individual liberties formed gradually out mainly in England. There sat in the 17th century in conflict with the royal power of the general protection against arbitrary detentions and other civil liberties and the principle of separation of powers by. In the 18th century came to the continent in response to the comprehensive claims to power of the absolutist police state the requirement of a basic guarantee of basic freedoms and equality rights of all citizens high: so especially in and through the French Revolution. The fact that (also) have government action to happen, " according to a universal law ," was a consequence of the legal concept of Immanuel Kant. In the 19th century, Bentham and others drew attention to the function of law to ensure legal certainty. Other sat down with the call for a case- by that care for restoration of the right, when this was infringed.

Term

" Rule of law means that the exercise of state power is only possible on the basis of the Constitution and of form and substance constitutionally enacted laws with the aim of guaranteeing human dignity, freedom, justice and legal certainty. "

The concept of the rule of law has been formed in Germany in the early 19th century as a counter-concept to the police state and encloses the demand for a constitution. It is identical in substance to the idea of the constitutional state. Goal is the moderation of state authority, the granting of fundamental and human rights, self-determination and the judicial protection of the citizen. The local self-government and federalism decentralism or (→ federalism in Germany ) are important elements of this understanding of law.

A conceptual tension is whether it formally satisfies the positive law (that is, compliance with the law for a total of legality without the right to justice ) or to what extent " material " about the positive law ( natural law ) must be included for legitimacy. In a general sense, however, is meant by the rule of law a State in which not arbitrary, but law and material justice prevail and the measure of all things - with a legal system that is equal for all ( a bond [ of organs, including the legislature ] to " objective legal " requirements; see legally binding ). A generalization is, however, unusual, otherwise the world would hardly States, the man - with a clear conscience - could be called " rule of law ":

Formal and substantive law

Formal rule of law means that in order to safeguard individual liberties, must state action in secured forms - with certain roles and according to legal rules of the game - run. In this way, the state action by the separation of powers and procedures must be predictable and - even of judicial review - be controllable ( in particular through a constitutional jurisdiction and administrative courts ). Substantive rule of law means that the rule of law and substantive components, in particular the fundamental rights, the principle of social justice and also in the proportionality and the prohibition of excess, which are aimed principle, the freedom of use and interest satisfaction in the community also has to affect as little as possible.

A recently the terms " legality" and " legitimacy " already referred question is also whether, under "legal state " action, especially the observance of formal laws or the observance of justice is to be understood.

Opposing concepts

The following antonyms for " rule of law " are used:

• Police state
• State of Law, the legal theoretical discussion, though the substantive law understanding of the state is considered to be the only correct understanding of the rule of law
• Unjust state
• Arbitrary state