The Principle of the Rule of Law in Constitutional Law

Abstract. The principle of the rule of law is a fundamental element of constitutional law that ensures stability and justice in the legal system. This article explores the historical development of the rule of law, from its origins in classical legal systems to modern interpretations and implementations. Particular attention is paid to the analysis of key aspects of the rule of law, such as its importance for the protection of human rights and freedoms and the role of constitutions in ensuring it. Taking into account the content of Article 8 of the Constitution of Ukraine and the practice of the Constitutional Court of Ukraine, the rule of law should be understood, in particular, as a mechanism for ensuring control over the use of power by the state and protection of individuals from arbitrary actions of the state authorities. The rule of law is seen as a normative ideal that every system of law should strive for. And as an integral and universal principle of law, it should be considered, in particular, in the context of the following fundamental components: the principle of separation of state power, the principle of democracy, the principle of legality, the principle of popular sovereignty, the principle of fair trial, and the principle of legal certainty. The article discusses the current challenges facing the implementation of the rule of law in different countries. In particular, the problems of corruption, political pressure and crisis of justice, which may hinder the effective implementation of this principle, are analyzed. Specific examples of violations of the rule of law and their consequences for society are studied, allowing for a better understanding of the importance of adhering to this principle. The article also contains a comparative analysis of the implementation of the rule of law in different legal systems, highlighting successful models and practices. The role of international organizations such as the United Nations, the Council of Europe, and the European Union in maintaining and promoting the rule of law at the global level is explored. This allows us to draw conclusions about the impact of international law on national constitutional systems and emphasizes the importance of international cooperation in this area. Keywords: rule of law; constitutional law; protection of rights and freedoms; international organizations; justice; legal system.

Authors

Publication Details

Journal
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Published
2024-12-11
DOI
https://doi.org/10.23939/law2024.44.126
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

The Principle of the Rule of Law in Constitutional Law

Olena Romtsiv, Nazar Levchuk
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Ukrainian Legal and Forensic Studies
article

The Principle of the Rule of Law in Constitutional Law

Olena Romtsiv, Nazar Levchuk
article en

Abstract

Abstract. The principle of the rule of law is a fundamental element of constitutional law that ensures stability and justice in the legal system. This article explores the historical development of the rule of law, from its origins in classical legal systems to modern interpretations and implementations. Particular attention is paid to the analysis of key aspects of the rule of law, such as its importance for the protection of human rights and freedoms and the role of constitutions in ensuring it. Taking into account the content of Article 8 of the Constitution of Ukraine and the practice of the Constitutional Court of Ukraine, the rule of law should be understood, in particular, as a mechanism for ensuring control over the use of power by the state and protection of individuals from arbitrary actions of the state authorities. The rule of law is seen as a normative ideal that every system of law should strive for. And as an integral and universal principle of law, it should be considered, in particular, in the context of the following fundamental components: the principle of separation of state power, the principle of democracy, the principle of legality, the principle of popular sovereignty, the principle of fair trial, and the principle of legal certainty. The article discusses the current challenges facing the implementation of the rule of law in different countries. In particular, the problems of corruption, political pressure and crisis of justice, which may hinder the effective implementation of this principle, are analyzed. Specific examples of violations of the rule of law and their consequences for society are studied, allowing for a better understanding of the importance of adhering to this principle. The article also contains a comparative analysis of the implementation of the rule of law in different legal systems, highlighting successful models and practices. The role of international organizations such as the United Nations, the Council of Europe, and the European Union in maintaining and promoting the rule of law at the global level is explored. This allows us to draw conclusions about the impact of international law on national constitutional systems and emphasizes the importance of international cooperation in this area. Keywords: rule of law; constitutional law; protection of rights and freedoms; international organizations; justice; legal system.

Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni naukiVol. 11(44)
Peace, Justice and strong institutions
Openalex Percentile: Top 63%
Ukrainian Legal and Forensic Studies
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