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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 is a concept in continental European legal thinking, originally borrowed from German jurisprudence, which can be translated as "the legal state" or "state of rights". It is a "constitutional state " in which the exercise of governmental power is constrained by the law , [ 6 ] and is often tied to the Anglo-American concept of ...
Rechtsstaat is a concept in continental European legal thinking, originally borrowed from German legal philosophy, which can be translated as “legal state” or "state of law", or "state of rights", "constitutional state" in which the exercise of governmental power is constrained by the law.
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 ...
The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule. [7] [8] [9] Distinct is the rule of man, where one person or group of persons rule arbitrarily. [10]
Already in 1913, Kelsen had identified the need for a legal theoretic framework to support the idea of the Rechtsstaat. [5]Adolf Julius Merkl [de; pt] was a student of Kelsen's who made important contributions starting in 1918 in the area of hierarchy of norms that would help underpin some of Kelsen's ideas on norms and how they fit into his pure theory of law.
The definition of the Czech Republic as a democratic Rechtsstaat stresses the combination of the two principles, democracy and the rule of law. To modify either of these two is forbidden by article 9 of the Constitution. The term Rechtsstaat should not be understood merely formally, but substantively.