Principles of the Rule of Law and Modern Citizenship

Requirements of the Rule of Law

1. Rule of Law
2. Separation of Powers: Legislative, executive, and judicial. There must be a balance between these three powers to restrict possible excesses and ensure mutual control. This prevents the concentration of power and safeguards the independence of the judiciary, all under the Constitution as the fundamental law.
3. Legality of Government: Regulation by law and judicial control.
4. Rights and Fundamental Freedoms: Formal legal guarantees and their implementation.
5. Administration of Justice

Forms of the Rule of Law

• Liberal State of Law: Legally protects liberal rights, such as the right to life, freedom of thought, association, expression, and religion.
• Social State of Law: Considers and develops social rights (such as work, housing, and education) and emphasizes the social equality of citizens.
• Democratic Rule of Law: Promotes the democratic rights of political participation and the power of civil society intervention.

Analysis of the Citizenship Concept

Political Dimension of Citizenship

Citizenship is the way citizens relate to the State and expresses the defining characteristics of membership in a political community, which involves:

• Rights: People have rights that the State must recognize, guarantee, and protect.
• Duties: Responsibilities of the citizens.

Cultural Dimension of Citizenship

Cultural identity offers individuals a way to be recognized as belonging to a specific culture. The cultural dimension of citizens, as members of different groups within a State, results in a differentiated citizenship at the cultural level within a multicultural State. This study shows the problem of reconciling minority rights with the universal rights of a State.

Integrating Political and Cultural Aspects

Maintaining the distinction between the political and cultural aspects is fundamental for a thorough understanding of the modern democratic state of law.

Subjects vs. Citizens

• In totalitarian and dictatorial regimes, individuals are subjects—subject to anti-democratic laws and the arbitrary powers of the State.
• In a democratic state, individuals are citizens. They are protected by State law; these laws are adopted and legitimized by the people themselves, and the State is established by a covenant or contract between its members.