What is a legal state? This question was asked by philosophers and jurists of different nationalities and eras, withdrawing step by step its distinctive features and methods of functioning. And today, a whole theory has been derived that allows us to consider this kind of functioning of society and put it into practice.
General through private
In order to answer the question of what a law-based state is, it is necessary to derive the main features that it is obliged to obey. And there are four of them in science.
The first sign states that in such a state law has the highest power. To understand the depth of this statement, it is necessary to understand that law means the legitimate rules of behavior characteristic of a particular society and country. And, therefore, the law in this case refers to the norms established in the established order, which reflect the position of the majority when taking into account the views of a minority. It is this right that is the highest arbiter in the event of disputes, the approval of special orders in society and in general in the formation of legal norms.
The second feature is aimed at the legal protection of an individual within a particular country. And this, in turn, means that the entire set of legal norms is subject to the interests of the individual in society. He has the right not only to exercise the established rights, but also to create them. However, a person is obliged to comply with the norms established in society.
The third sign says that law is right, and right is law. That, in turn, implies the inclusion of provisions on natural rights and international norms on the role of man in the state in the newly created acts of law. In addition, each act must be both legitimate and legal.
The fourth sign determines the obligation to divide power into three independent branches, equal cooperation between which leads to the provision of the first three signs. These distinctive features of a legal state allow us to give a more distinct definition, namely:
A legal state is a type of organization of society in which law is the legitimate basis for the existence and functioning of an individual in society and the system of separation of power into strictly profiled branches.
Legal and social state - points of contact
Based on the essence of the welfare state, expressed in creating the most comfortable conditions for the development of a particular individual, it can be said that it incorporates all the signs of the phenomenon considered above.
After all, what is a legal state? This is an organization of society, built on the legitimacy of the adopted rules of the device. And in the classification of signs of the welfare state is one of the first beginnings for the development of human potential. At the same time, the rule of law is both an opportunity and a guaranteed protection. And, therefore, the answer to the question of what is a law-based state in this context can be its definition as the main feature of a social state - an ideal model for organizing human life in society.