He Rule of law It consists of two components: the State (as a form of political organization) and the right (as a set of rules governing the operation of a society ). In these cases, therefore, the power of the State is limited by law .
The rule of law arises in opposition to Absolutist state , where the king was above all citizens and could order and command without any other power That made him counterweight. The rule of law, on the other hand, assumes that power arises from the people, who elects their representatives for government .
With the development of the rule of law, the division of powers appears (the Legislative power , he Power of attorney and the Executive power , three instances that, in the absolutist state, met in the figure of the king). In this way, the courts they become autonomous with respect to the sovereign and the parliament to counteract the power of the ruler.
The notion of democracy It is another concept related to the rule of law, since it assumes that the people have the power and exercise it through elections, when they elect their representatives.
In any case, we must bear in mind that democracy does not imply that there is a true rule of law. A leader can come to power by democratic means and then abolish the rule of law, as in the case of Adolf Hitler in Germany. There may also be governments that respect the democratic functioning of certain issues but violate the rule of law in others.
Importance of the Rule of Law
It's important pointing that in all territories there is some kind of legal system but that does not imply that the rule of law governs it, since for it to exist it is necessary that the political society is fully legalized and where the rules ensure that every citizen will be treated equally in the face of justice.
It is important to mention that in order to be considered as such a rule of law must comply with a series of standards, they are:
* The Law must be the fundamental mandate: All citizens, including those who govern, must submit to the laws and be judged on equal terms and no exceptions will be made to any individual, no matter how much the position they hold. As the Law is the daughter of the Legislative Power and it is separated from the rest of the powers of the State, compliance with the rules could be more possible.
* All Rights and Freedoms must be guaranteed: it is the responsibility of the State that the Law be complied with and that it be enforced for the freedom of all the individuals who live under its protection; The maximum rule of the State is to guarantee this principle.
* The Administration must be limited by Law: State executives belong to two different bodies: the Government and the Administration, this is a non-political element and is composed of the officials, and, like the government, is limited to laws governing the territory.
In recent decades we have seen how the term democracy It has been groped and ruined by inept characters, which has resulted in many citizens, from different countries, being disappointed by politics and feeling like they lived in a territory ruled by dictators. This way of thinking so current and so harmful to politics has stunned the foundations of the rule of law and requires that urgently seek alternatives to recover people's trust in their representatives and the formation of an egalitarian and politically responsible society.