Article title State in the Rule of Law Coordinate System
Name of magazine Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language)
Issue 1/2013
Сторінки [37-47]
Annotation The article is devoted to scientific researching of state in the Rule of law coordinate system. This doctrine’s genesis, development and modern content are analyzed. The Rule of law is understood, on the one hand, as the primacy of human rights, and, on the other hand, as the supremacy of law over state arbitrariness. The author defines the elements of the Rule of Law (legality, limitation of state power by human rights, fundamental principles of law, legal certainty, proportionality, and integrity of public power) and analyzes their content. From the author’s point of view the alternative between rule of law and rule of state arbitrariness is the main civilization choice of public power and legal community (e.g. scientific one), which is considered to be the subject of their responsibility to present-day society and future generations.
Keywords rule of law, state, Rechtsstaat, human rights, government arbitrariness rule of law over state arbitrariness.