THE RULE OF LAW AND THE SUPREMACY OF LEGAL RULES - BASIC PRINCIPLES

Emilian Ciongaru

FIAT IUSTITIA, 2024, vol. 18, issue 1, 5-9

Abstract: The concept of the ”rule of law” is not a mere philosophical concept, but a much discussed essential constitutional necessity which implies that the science of law is permanently and indissolubly linked to the state, on the one hand in order to create the necessary rules but also to ensure the finality and effectiveness of these legal rules, and on the other hand the state is dependent on law in order to be able to express its force with the aim of establishing a general and mandatory behaviour to achieve the general good. In any period of the evolution of a state into a state governed by the rule of law, the legal system created by the state for various fields of activity is implemented voluntarily or through the coercive force of the state. In the application of this legislative system to enforce the supremacy of the law, there may be a number of controversies concerning the interpretation of articles of law or controversies concerning the legal classification of a case or any other kind of controversy but in normal situations, a law, even if it is considered to be unjust, must be respected and any case brought to court demands a solution under the law but it is obvious that the legitimacy of a law as well as the constitutionality of the procedure for adopting a law may be discussed.

Keywords: system of law; supremacy of law; rule of law; legitimacy of law (search for similar items in EconPapers)
JEL-codes: K38 (search for similar items in EconPapers)
Date: 2024
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