Search results
Results from the WOW.Com Content Network
The actual expression Rechtsstaat appears to have been introduced by Carl Theodor Welcker in 1813, [9] [10] but it was popularised by Robert von Mohl's book Die deutsche Polizeiwissenschaft nach den Grundsätzen des Rechtsstaates ("German Policy Science according to the Principles of the Constitutional State"; 1832–33). Von Mohl contrasted ...
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 English most close analogue is «rule of law». [2] 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.
The concept of état légal was theorized by French jurist Raymond Carré de Malberg in his 1920 book Contribution à la théorie générale de l'État.He distinguished three different forms of states: the police state, in which the power acts freely in an arbitrary way; the "state of rights" (état de droits or Rechtsstaat), where the authority of the law is limited by constitutional rights ...
Kant's most significant contribution to political philosophy and the philosophy of law is the doctrine of Rechtsstaat. According to this doctrine, the power of the state is limited in order to protect citizens from the arbitrary exercise of authority. The Rechtsstaat is a concept in continental European legal thinking, originally borrowed from ...
The Reason of State (Italian: Della Ragion di Stato) is a work of political philosophy by Italian Jesuit Giovanni Botero published in 1589. The book first popularised the term "reason of state", [1] [2] which refers to the right of rulers to act in ways that go against the dictates of both natural and positive law, with the overriding aim of acquiring, preserving, and augmenting the dominion ...
Robert von Mohl was one of the first to coin the term of a Rechtsstaat, or constitutional state, as opposed to the "anti-aristocratic" police state [1] and the judicially activist "justice state". [2] His later public life was passed in the service of the Friedrich I, Grand Duke of Baden, whom he represented as ambassador in Munich from 1867 to ...
After World War II, determination of legal status was relevant, for instance, to resolve the issue of whether the post-1949 Federal Republic of Germany (West Germany) would be the successor state of the pre-1945 German Reich – with all the implications (at the time uncodified) of state succession, such as the continuation of treaties – or if, according to international law, it would be ...