Understanding the Rule of Law and the Social State
Classified in Law & Jurisprudence
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State Based on the Rule of Law (Estado de Derecho)
Unlike authoritarian states, a state based on the rule of law ensures that authority is subject to legal principles. Political power cannot be exercised arbitrarily; it must operate within the boundaries of the established legal system. The primary objective is to safeguard individual rights from potential abuses by the state.
In this system, individuals hold a position of even greater importance than state authority. While structures and functions may differ across countries, two key features remain constant: the Constitution and the separation of powers.
The Constitution
The Constitution serves as the foundational legal document, regulating and structuring the operation of a state based on the rule of law. It outlines the general rules, institutions, and procedures for exercising power, as well as the relationship between these institutions and individuals' rights.
Separation of Powers
As envisioned by French philosopher Montesquieu, the separation of powers is a mechanism designed to prevent abuses by dividing state power among distinct and independent institutions. The three branches of government—legislative, executive, and judicial—each possess specific roles and responsibilities.
Legislative Power
- Responsible for creating laws and overseeing the executive branch.
- Represented by Parliament.
Executive Power
- Implements laws and manages the administration and defense of the state.
- Comprises the Government, presidents, and ministers.
Judicial Power
- Applies laws and penalizes those who violate them.
- Ensures the constitutionality of enacted laws.
- Composed of judges and courts.
Social State Based on the Rule of Law
This type of state builds upon the principles of the rule of law, recognizing that legal recognition of individual freedoms, while essential, is not sufficient. To ensure fairness, the state must not only adhere to the law but also address inequalities and deficiencies within the system.
The social state acknowledges that fundamental freedoms, such as expression, profession, and association, require certain material conditions to be fully realized. Therefore, the state must actively intervene to ensure rights like decent housing, employment, quality education, and adequate healthcare.
Beyond protecting individual rights, the state assumes a crucial role in the social sphere, promoting the material well-being and economic security of its citizens.