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
SUMMARY

State law has not always existed in its current form, state 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, politically and socio-economic. Legal concept explains many... (see full summary)

 
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European Integration - Realities and Perspectives
2012
266
Short Remarks on the Rule-of-law State Concept
Iulian Nedelcu
1
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
2
(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.
1
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
2
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."

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