The rule-of-law state as a philosophical and theoretical problem and a way of organizing power

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The actual task of fundamental jurisprudence is to analyze the content and social purpose of the idea of the rule-of-law state. Based on the analysis of world political and legal thought, the article reveals the meaning of this idea and philosophical and theoretical problems of this phenomenon. Purpose: to carry out a theoretical-legal and historical-political analysis of the understanding and purpose of the concept of the rule-of-law state. Methods: empirical methods of description, comparison, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic and interpretation of legal norms. Results: the study shows the multifaceted phenomenon of the rule-of-law state. A separate problem characterizing the rule-of-law state is the theoretical and practical issue of limitation (self-limitation) of the state by law, which cannot be the subject of an analysis by the theory of legal positivism, but requires an appeal to meta-legal concepts. It is shown that the rule-of-law state can be assessed not only as an ideal type of state, but also as a real way of organizing the state in the presence of the mechanism of separation of powers, the institution of human rights and predictability of state power.

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Russian state, theoretical and legal science, rule-of-law state, human rights, separation of powers

Короткий адрес: https://sciup.org/142237955

IDR: 142237955   |   DOI: 10.33184/pravgos-2023.2.2

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