The evolution of the documentary understanding of the rule of law principle
Автор: Solovieva V.V., Makarov I.N.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 2 (72), 2023 года.
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The principle of the rule of law has been developed by the European legal tradition and is of exceptional importance for a modern democratic state. For Western legal consciousness, it has long acquired signs of one of the highest social values and a certain defining standard for classifying states as democratic. But along with this, even among theorists and practitioners of Western countries, where the rule of law is an established reality, there is a discussion regarding its understanding. The rule of law is not only one of the fundamental principles of the constitutional law of democratic countries, but also the ideological core of modern constitutionalism of global significance, which is the result of integrating the best achievements of the doctrine of liberalism. The principle of the rule of law has its roots in ancient times, and the echo of its ideological foundations can be traced in the works of great thinkers of different eras. The term “rule of law” (the rule of law) was first used in the English legal language at the beginning of the 17th century, and the English constitutionalist Albert Dicey filled it with conceptual content. From II half. XIX Art. the principle of the rule of law gradually transformed from the fundamental principle of Anglo-American law into the universal property and finally acquired universal consumption in almost all democratic legal systems of our time.
Rule of law, rule of law, human rights, legal positivism, natural law
Короткий адрес: https://sciup.org/14128766
IDR: 14128766 | DOI: 10.47629/2074-9201_2023_2_104_108