The idea of the rule of law in the state and socio-authority dialogue in law-making as a factor in its implementation
Автор: Trofimov Vasily Vladislavovich
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Теоретико-исторические правовые науки
Статья в выпуске: 2 (72), 2023 года.
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The task of building the rule-of-law state, as proclaimed in the Constitution of the Russian Federation, remains urgent. The rule of law (the rule-of-law state) is viewed in the context of the establishment in the state of an institutional dialogue between the government and society in the law-making plane, which will ensure the development and adoption of law of proper quality, reflecting the real social interests, which means that this law will be credible. On this basis the real implementation of the idea of the rule of law in the state will be possible. The purpose of the study is to substantiate the connection between the socio-authority dialogue and the process of «enthronement» of law and order in society, the real implementation of the idea of the rule of law. Methods: historic-legal, interpretative, analytical, systemic, formal-legal, critical reflection, scientific generalizations, comparative, etc. Results: the article determines the importance of socio-authority dialogue in the law-making plane for the consolidation and implementation in practice of the idea (principle) of the rule of law during the functioning of the state law system, the implementation of the model of a democratic rule-of-law state proclaimed in the Constitution of the Russian Federation. Society, becoming a co-author of laws, changes its attitude to these laws, perceiving them as a product of joint creativity of the state and society (legal co-creation of authority and society), just as the state is aware of the value of laws adopted in this way, ensuring their implementation in public practice by democratic legal means.
Law, statute, constitutional system, rule of law, rule-of-law state, democracy, democratic government, socio-authority dialogue, people, society, legal cooperation, legal doctrine
Короткий адрес: https://sciup.org/142237959
IDR: 142237959 | DOI: 10.33184/pravgos-2023.2.1