We explain what the rule of law is and what its main objective is. Also, how was the emergence of the rule of law.
What is the rule of law?
A rule of law is governed by certain laws and organizations, based on a Constitution, being the guide of the authorities in the legal field. All the citizens under this Condition They comply with the norms required by the Constitution, being these presented in writing.
In contrast to what happens in most of the dictatorships in which the person in charge does what they see fit without rules or regulations that govern their actions, in a state of law they are fixed limits and rules that organize citizens by granting equal rights. These legal norms are established in writing in the Constitution, are made known publicly and were previously voted on and approved by representatives of the society.
A rule of law arises when the actions of citizens and the State are based on the rules and regulations laws preset. It is then that the can owned by the State is under the legal norms established that must be met to have organization of the company. Using the power of the Constitution and through the different organs of government, it will be possible to establish an absolute order among citizens, in addition to I respect among them.
How did the concept of rule of law come about?
The doctrine of German origin of the Rechtsstaat is the origin of the concept "rule of law". The book 'Die deutsche Polizeiwissenschaft nach den Grundsätzen des Rechtsstaates' (in Spanish 'The science of German politics in accordance with the principles of the states of law'), was the first to make use of the term as the rule of law, beyond that many German writers claim that the term was first used in Immanuel Kant's book.
The term rule of law was born as a response to the form of absolutist state, which was characterized by repressing citizens' right to freedom. Liberty, concentrate all power and poor organization and lack of responsibility of the holders thereof. Rule of law refers to a modern legal Constitution.
In 1832, Robert Southey, a successful English-born poet, first used the term constitutionalism, being adopted and used more regularly as a legal expression in recent years. This constitutionalism, according to what is understood, has two main elements, which were understood as the same as the rule of law for several years. One of them is the division of functions in relation to the use of power, and the other is the great importance of the Constitution.
In 1791, the Constitution of France added an article, which became the basis of all free constitutionalism. This article established that if the established rights were not fulfilled or enforced in the societies, and furthermore the power of the State was not divided, the society did not have a Constitution.
In contrast to the rule of law, totalitarianism emerged in the 20th century. The rule of law is intended to prevent by law or mandate the control and total expansion of the State (according to Zippelius). The totalitarianismOn the other hand, it is characterized by the prohibition of freedoms, whether public or personal, including the impediment of the divisions of the power of the State and the participation of organs that carry out said tasks of the State. Also, totalitarianism prohibits deliberation by representatives and freedom of expression. Beyond all these prohibitions and impediments, totalitarianism tried to legitimately impose itself through various legal tools.
The fascism, the socialism nationalism and Falangism, sought to be represented through a set of norms that ultimately failed to form a formal system. This is not the case of communism and of corporatism, since the latter have developed a fully and formally constitutional system.
The dictator Hitler was ruling with the support of the Authorization Act of 1933, which allowed him to exercise under his will. Under this law, Hitler established several racist norms as law, such as that of Nuremberg in 1935.
In 1848 the legal validity of the Albertino Statute remained in Italy, the power of Mussolini being consolidated by several different norms. At the same time, the integration of the Great Council of Fascism was achieved, whose greatest contribution to the history of the rule of law was the Acquis Law in 1923, which postulated a "governability clause." This means that the party that benefited the most in the popular elections was the one that would have the majority of representatives in parliament. Mussolini was delegated with several faculties that allowed him to govern. As the first decision in command, he decided to integrate in 1926 the Special Court for the Defense of the State.
Thus, having a Constitution (of a formal nature) was considered sufficient to call a government a rule of law.