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A Rechtsstaat is a constitutional state in which the exercise of governmental power is constrained by the law. [1] It is closely related to " constitutionalism " which is often tied to the Anglo-American concept of the rule of law , but differs from it in also emphasizing what is just (i.e., a concept of moral rightness based on ethics ...
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
The Rechtsstaat doctrine (Legal state, State of Right, Constitutional state, constitutional government) was introduced in the latest works of the German philosopher Immanuel Kant (1724–1804) after US and French constitutions were adopted in the late 18th century.
Contrary to the police state – where the law is arbitrary, unequally applied, and its making outside of non-state control – and to the Rechtsstaat ("state of rights") – in which constitutional rights are viewed as preceding and superseding the authority of the law – the état légal is a form of rule of law where the law is applied ...
It defines the state as a republic, as sovereign, unitary and democratic Rechtsstaat (state characterized by the rule of law) based on respect to rights and freedoms of the citizen and man. The word "sovereign" means that the Czech Republic is fully capable of holding rights and carrying out legal acts, and is a full subject of international ...
According to Encyclopædia Britannica, it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." [5] Use of the phrase can be traced to 16th-century Britain.
Buoyed by promised pardons of their brethren for their Jan. 6 crimes and by Trump’s embrace of popular extremist far-right figures, those groups will likely see a resurgence after January ...
In the period of the eighteenth century, usually called the Enlightenment, a new justification of the European state developed.Jean-Jacques Rousseau's social contract theory states that governments draw their power from the governed, its 'sovereign' people (usually a certain ethnic group, and the state's limits are legitimated theoretically as that people's lands, although that is often not ...