Short Remarks on the Rule-of-law State Concept

• Author: Iulian Nedelcu
• Position: Professor, PhD, University of Craiova, Faculty of Law and Administrative Sciences
• Pages: 266-270

European Integration - Realities and Perspectives

2012

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Short Remarks on the Rule-of-law State Concept

Iulian Nedelcu

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Abstract: State law has not always existed in its current form, s tate concept has evolved over time, in this

aspect, various theories have developed doctrines which they founded and strengthened him as the most

viable form of political organization of human society. By analysis of the doctrine it is necessary to define

the state legally, p olitically and socio-economic. Legal concept explains many relationships and si tuations

established between active subject and passive state, a subject of rights and obligations and other social

groups. Moreover, we can say about the political c oncept, that it originates in the formulations of thinkers

on the origin and formation of the State, its evolution and its current meaning, according to political

realities, while the socio-economic terms is a system of subordination organization, aiming t o achieve a

balance between legitimate personal interests of individuals and those of the communities, but first of all

the inter ests of the nation and then the assembled humanity. Ther e is a diversity of views on the state,

which addresses two trends - an abstract one and another realistic, s o we can s ay that it defines a unit of

institutions, a human community situated on a territory and subject to an authority.

Keywords: democracy; public authorities; public administration

1. Introduction

The first article, paragraph (3) of the Constitution of Romania provides that "Romania is a democratic

and social state, governed by the rule of law, in which human dignity, the citizens’ rights and

freedoms, the free development of human personality, justice and political pluralism represent

supreme values and shall be guaranteed”.

The concept of rule-of-law state has been established and founded by the German doctrine in the

second half of 11

th

century. The idea of rule-of-law state constituted, beginning with the 18

th

century,

the model of fundamental guarantee for citizens’ rights and freedoms. The philosophic and juridical

doctrine about human natural and imprescriptible rights

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(Universal Declaration of Human and Citizen

Rights, 1789) represents the original source of the rule-of-law state principles.

2. The Rule of Law

The rule-of-law state means the subordination of state towards law, the approach of this notion being

made from two standpoints:

- the power of state as constraint force;

- the relation between normality and power.

As for the power of state as constraint force, it is interesting the relation freedom - power.

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Professor, PhD, University of Craiova, Faculty of Law and Administrative Sciences, Address: 13 A. I. C uza Str., Craiova

200585, Romania, Tel.: +40 251 414398, fax: +40 251 411688, Corresponding author: avocatnedelcu@yahoo.com

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„The aim of every political association is the preservation of the natural rights, which rights must no t be prevented. These

rights are freedom, property, security and resistance to oppression."