Liberal State Evolution: Rule of Law, Rights, and Power
Evolution of the Liberal State of Law
Item 5: Evolution of the liberal state of law toward the State.
The nineteenth century is often considered the century of the rule of law. Many authors argue that the revolutionary ideals of the seventeenth and eighteenth centuries were realized during this time. However, this realization had qualifications, particularly in England, where the governance structure of public entities was altered. A position was adopted that coincided with economic development, claims of sovereignty, protection of rights, and the separation of powers. In England, this realization was not linked to a particular class structure, as the two parties could not be identified without a class. This development contributed to liberal philosophy.
On the mainland, liberalism developed from a different perspective in both France and Germany.
In this context, where jus surpasses this conception, rationalism and positivist law arise.
The rule of law distinguishes the absolute state from property and state police, also in the 18th century.
State law, the institutionalization of liberal democracy, is considered by some authors to be one of the most fortunate expressions of legal science.
State law refers to a value and a direction toward the state. The value is that the rule of law implies the elimination of arbitrariness in state activity concerning citizens, attempting to eliminate arbitrariness.
The direction is that the rule of law invests in the relationship between power and law, conceived as a relation between power and law in the absolute state.
The constitutional state is the typical state of our contemporary century and is presented as a particular form of the rule of law. The rule of law has historically been a basic element of liberal constitutions, although it may have had other models. The liberal state has a connotation of substantive law concerning the aims and functions of the state. It not only concerns the elimination of arbitrariness in both public and private spheres but also ensures that these areas do not have totalitarian rule over society. Key rights are guaranteed to citizens. The rule of law covers the protection, promotion, and development of all forces within the population and seeks to establish a guarantee of freedoms and rights through the law. The law began to be seen as the central element guaranteeing rights, as it was an expression of the will of the state. According to Zagrebeiski, the idea of the rule of law under a liberal state is characterized by law as the deliberate act of a representative parliament. This act claims:
- Supremacy of the law over administration.
- Subordination to the law, defending the rights of citizens, indicating that no branch of government could influence or limit those rights.
- The need for independent, impartial judges with exclusive jurisdiction to enforce the law when resolving potential conflicts between citizens and between citizens and the government.
State law has three principles:
- Representative elections.
- The rights of citizens.
- The separation of powers.