The Social Rule of Law

The Social Rule of Law is a type of the rule of law, originating from the tradition of social democracy. The research aims to examine the evolution of the rule of law into a socially-oriented model, focusing on its principles, goals, and structure. Key research questions address the essence, goals, and functions of the Social Rule of Law. The research uses a descriptive method and the data collection tool is library. Hermann Heller, as the founder of the concept, argues that democratic-based approach allows for the harmonization of the rule of law with social orientation, showing similarities between the Social Rule of Law and the Liberal Rule of Law. The findings of the research show that the Social Rule of Law reconfigures the private sphere in order to safeguard the social rights of citizens, eliminating social oppression within civil society. Its primary functions include monitoring private relationships between citizens and ensuring social security through the involvement and control of the government. The critical requirements for this system include expanding the executive, strengthening social legislation, ensuring substantive equality, and increasing the powers of the judiciary and parliament to deal with social rights.

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Publication Details

Journal
SHILAP Revista de lepidopterología
Published
2025-01-01
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
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article

The Social Rule of Law

SHILAP Revista de lepidopterología
Legal and Policy Analysis in Indonesia
article

The Social Rule of Law

article en

Abstract

The Social Rule of Law is a type of the rule of law, originating from the tradition of social democracy. The research aims to examine the evolution of the rule of law into a socially-oriented model, focusing on its principles, goals, and structure. Key research questions address the essence, goals, and functions of the Social Rule of Law. The research uses a descriptive method and the data collection tool is library. Hermann Heller, as the founder of the concept, argues that democratic-based approach allows for the harmonization of the rule of law with social orientation, showing similarities between the Social Rule of Law and the Liberal Rule of Law. The findings of the research show that the Social Rule of Law reconfigures the private sphere in order to safeguard the social rights of citizens, eliminating social oppression within civil society. Its primary functions include monitoring private relationships between citizens and ensuring social security through the involvement and control of the government. The critical requirements for this system include expanding the executive, strengthening social legislation, ensuring substantive equality, and increasing the powers of the judiciary and parliament to deal with social rights.

SHILAP Revista de lepidopterología
Allameh Tabataba'i University (IR)
Peace, Justice and strong institutions
Openalex Percentile: Top 34%
Legal and Policy Analysis in Indonesia
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The Social Rule of Law · SHILAP Revista de lepidopterología (2025) | TGRS Research Map | TGRS