Meaning of the rule of law (What it is, Concept and Definition)

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The concept of the rule of law is related to the power of the state. That's when this power, in relation to the decisions that can be taken by the rulers, is limited by the set of laws, by right.

In the rule of law, all fundamental human rights must be protected by the State: political, social and economic rights.

Law, through legislation, will define what can or cannot be done, both in relation to government officials and citizens. In the rule of law, a decision cannot be contrary to the law, that is, the law cannot be violated.

Brazil is a democratic state based on popular sovereignty, the sovereignty that comes from the people. It is a participatory democracy that was established in the Federal Constitution of 1988.

Rulers' power limit

The concept of rule of law refers to the decision-making power of rulers, that is, in the rule of law no action or decision should go against the laws that exist in a territory.

In the same way citizens must submit to the laws as a way of living in an organized society, the power of the State is also submitted to the law.

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The limit of power exists to guarantee that the most important thing in a State is the will and guarantee of citizens' rights. It is for this reason that the law does not allow rulers to have absolute freedom in their decisions.

The rule of law and the principle of legality

The concept of the rule of law is related to one of the basic principles of law: the Principle of Legality.

According to this principle, no one can be forced to do something or not to do something, unless there is a provision in the law on the subject.

Difference between the rule of law and the democratic rule of law

The difference between the rule of law and the democratic rule of law is linked to the protection of the values ​​and principles that are guaranteed to citizens by the Federal Constitution and other laws.

In the democratic rule of law, as in the rule of law, the decisions of the rulers must be taken based on the law and within the limits that are established by the country's legislation.

The difference between them is that in the democratic rule of law the fundamental rights protected by Constitution should be taken into account in decisions aimed at protecting the rights of citizens.

Read more about the Democratic state.

See also the meanings of Democracy, Right and natural law.

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