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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 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 ...
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.
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The companies claimed, among other things, that the health warnings violated their free speech rights by compelling the companies to endorse the U.S. government's anti-smoking message through ...
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 ...