Questions of the rule of law state theory
Автор: Vorontsov S.G., Mingaleva Z.A.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Теория и история государства и права
Статья в выпуске: 4 (22), 2013 года.
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The present research is based on comparison of modern Russian educational literature on law state with the points of view of German researchers and scientists, legist. The research papers and articles of German legist in the field of law state are regarded as specific ideal. The paper analyses the history of development and the possibility of implementation the theory of law state in practice. It is proved that there are 3 aspects of concept of law state: idea – aim; 2 – theory (way); 3 – practice (result)/ the authors come to the conclusion, that the law state theory begins to develop in 1813. The term “law state” was suggested by German scientist Carl Theodor Welcker in 1813. All previous researchers cannot be regarded as creators or developers of law state theory. Information and technique possibilities of modern society grows. Scientific and educational literature has huge information volume. The paper suggests the ways to structure and analyze present information and knowledge on law state theory. The concept of law state theory is disputable. Nowadays science hasn’t worked out specific methods of examination of legal nature of states. That is why the term “law state” used by the Constitution of Russia is only inexact translation of German term.
Rule of law state, separation of powers, principle of historical accuracy, genesis of legal rules, problem of terminological consistency, legal doctrine, legal theory, legal idea, effectiveness of law, supremacy of law
Короткий адрес: https://sciup.org/147202334
IDR: 147202334