The rule of law – based regulation of life

The Relationship between members of any community are always subject to certain rules. As for the state and its components, that is also true, and such principles are the rule of law.

Fast facts

In contrast to the definition of law in General, the rule of law have a clearly established concept. It consists in the fact that this phenomenon is formally fixed and approved by the society and/or government, the rule of conduct which was intended to establish certain rights and obligations.

In addition, the rule of law is characterized by several unique features. These include the following:

- norm is a measure of individual rights. In line with this, the law sets the responsibilities and freedoms depending on the characteristics of a particular individual.

Norm – it is an expression of the status of the subject in strictly defined social relations. Thus, it establishes a legal subject's behavior in a particular case.

- the Norm is always determined by social relations and the place of the subject in them, but not the specific entity.

- the Rule of law always has the protection and guarantee of the state and its authorized agencies.

- She always has a clear structure that is expressed, typically, in the hypothesis, disposition and sanction.

Many in the diversity of

Like most phenomena, the rule of law differenciate depending on the semantic load that they carry. But because the legal theory distinguish 8 types of norms, namely:

- the founding – establish the basic rules under which operates the community and its institutions;

regulatory – define the behaviour of agents depending on the specific type of relationship, and therefore is divided into:

A) banning – setting a taboo on unacceptable behavior;

B) binding – offer a specific model of behavior in a strictly defined relationship;

C) entitle-give the right to a specific behavior or offer several options for possible actions and/or inaction;

enforcement – represent the legislated methods of punishment for breaking the rules (an example is the provisions of the tax law, where for non-fiscal legislation should sanction in the form of a fine);

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- security – serve as a mechanism to guarantee the execution of legal behavior;

declarative – constitute the statutory development plans of the society in a particular state or organization;

- definitywnie – set the essence of those or other public phenomena;

- conflict – act as controller to resolve possible collisions with equal force of law;

- operational – aims to solve technical issues of functioning of the regulations, such as the entry into force or termination.

Another classification is the division into imperative (establishing only one possible model of conduct), reference (recommend specific behaviour) and permissive (allows multiple behaviors). All of these components are based on norms.

Structure – an example of the rule of law «In the context”

Despite the fact that the norm is the basis of formation of sources of law, it has its triune structure, combining the hypothesis, disposition and sanction.

The Hypothesis determines the public attitude considered in the rule of law.

Disposition dictates how to behave in specific, socially.

The Sanction, as a rule, describes the possible consequences of failure to comply with rules specified in the disposition.

It is Worth noting that the alleged triune structure is not static. The existing legal system demonstrate that the likely situations in which there is no sanction or the norm is complicated by the introduction of additional hypotheses, dispositions and sanctions.

In this regard, it can be concluded that, despite its elementary nature of the legal system, the rule of law – a phenomenon as complex in structure, and descriptive qualities.