The rule of law in the paradigm of modern constitutionalism: principles, mechanisms and challenges of implementation

The article is devoted to a comprehensive study of the theoretical and conceptual foundations of the rule of law and the problems of practical implementation of its principles in modern conditions. The relevance of the study is due to the presence of a significant gap between the theoretical concepts of the rule of law and their practical implementation in democratic societies. The purpose of the work is to analyze the basic principles of the rule of law, identify factors that hinder their effective implementation, and study the mechanisms of the formation of the rule of law.The study uses a systematic approach, methods of comparative legal analysis, structural-functional and historical-legal methods. The evolution of the concept of the rule of law from ancient times to the present day is analyzed, the conceptual differences between the concepts of “rule of law” and “rule of law” in the context of various legal traditions are revealed.Special attention is paid to the study of the triune structure of the principle of the rule of law, which includes ideological-conceptual, normative-legal and practical-implementation components. It was found that the key problem of modern state-building is not the absence of relevant legislation in the field of human rights, but the lack of effective mechanisms for transforming legal norms into real instruments for protecting civil rights.It is proven that the rule of law is not a static construct, but a dynamic process that requires constant interaction between theoretical understanding, normative consolidation and practical implementation of legal principles. The results of the study indicate the need to develop more effective mechanisms for implementing the principles of legal statehood and the formation of an appropriate legal culture in society. Prospects for further research include studying the impact of digitalization and globalization processes on the transformation of traditional models of legal statehood.

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Publication Details

Journal
Constitutional Legal Academic Studies
Published
2025-09-27
DOI
https://doi.org/10.24144/2663-5399.2025.1.06
Primary Topic
Legal and Policy Issues
Type
article
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article

The rule of law in the paradigm of modern constitutionalism: principles, mechanisms and challenges of implementation

Daniel Berlinger
Constitutional Legal Academic Studies
Legal and Policy Issues
article

The rule of law in the paradigm of modern constitutionalism: principles, mechanisms and challenges of implementation

Daniel Berlinger
article en

Abstract

The article is devoted to a comprehensive study of the theoretical and conceptual foundations of the rule of law and the problems of practical implementation of its principles in modern conditions. The relevance of the study is due to the presence of a significant gap between the theoretical concepts of the rule of law and their practical implementation in democratic societies. The purpose of the work is to analyze the basic principles of the rule of law, identify factors that hinder their effective implementation, and study the mechanisms of the formation of the rule of law.The study uses a systematic approach, methods of comparative legal analysis, structural-functional and historical-legal methods. The evolution of the concept of the rule of law from ancient times to the present day is analyzed, the conceptual differences between the concepts of “rule of law” and “rule of law” in the context of various legal traditions are revealed.Special attention is paid to the study of the triune structure of the principle of the rule of law, which includes ideological-conceptual, normative-legal and practical-implementation components. It was found that the key problem of modern state-building is not the absence of relevant legislation in the field of human rights, but the lack of effective mechanisms for transforming legal norms into real instruments for protecting civil rights.It is proven that the rule of law is not a static construct, but a dynamic process that requires constant interaction between theoretical understanding, normative consolidation and practical implementation of legal principles. The results of the study indicate the need to develop more effective mechanisms for implementing the principles of legal statehood and the formation of an appropriate legal culture in society. Prospects for further research include studying the impact of digitalization and globalization processes on the transformation of traditional models of legal statehood.

Constitutional Legal Academic Studies(1)
Vasile Goldis Western University of Arad (RO)
Openalex Percentile: Top 59%
Legal and Policy Issues
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The rule of law in the paradigm of modern constitutionalism: principles, mechanisms and challenges of implementation — Daniel Berlinger · Constitutional Legal Academic Studies (2025) | TGRS Research Map | TGRS