The rule of law and legal act: comparative legal analysis

Автор: Krasnov Eduard Vladimirovich

Журнал: Общество: политика, экономика, право @society-pel

Рубрика: Право

Статья в выпуске: 4, 2021 года.

Бесплатный доступ

The paper attempts to make a comparative legal characterization of the principle of the rule of law and legal act. The opinions of scientists who define this principle and identify its main features are analyzed. The principles of the dominance of law, the dominance of legal act, the rule of law and the rule of legal act are compared, their common features and main differences are highlighted. It is concluded that these categories are understood differently by researchers, there is no consolidation in the definition of this concept. Often the above principles contradict each other: they express either the statics or the dynamics of the rule of law, thereby requiring additional doctrinal and legal awareness and elaboration. According to the author of the paper, in modern socio-political conditions, it would be better to use the unity of law and legal act as a principle of the legal state, since it is able to ensure the implementation of human rights and freedoms, effective protection of societies and states.

Еще

Legal state, the principle of unity of law and legal act, the principle of the dominance of law, the principle of the rule of law, the principle of the dominance of legal act, the principle of the rule of legal act

Короткий адрес: https://sciup.org/149132630

IDR: 149132630   |   DOI: 10.24158/pep.2021.4.11

Статья научная