The rule of law
| Author | Besnik Murati, Elmi Morina |
| Position | LLM in International Law |
| Pages | 284-286 |
ISSN 2410-3918 Academic Journal of Business, Administration, Law and Social Sciences Vol 1 No 2
Acces online at www.iipccl.org IIPCCL Publishing, Tirana-Albania July 2015
284
he rule of law
MSc. Besnik Murati
LLM in International Law
MSc. Elmi Morina
LLM in International Law
Abstract
e state as an international entity and its impact on the individual’s right has been and still
continues to be a crucial factor in the relationship between private and public persons. States vary
in terms of their political system, however, democratic states are based on the separation of powers
and human rights within the state. Rule of law is the product of many actors in a state, including
laws, individuals, society, political system, separation of powers, human rights, the establishment
of civil society, the relationship between law and the individual, as well as, individual-state
relations. Purpose and focus of this study is the importance of a functioning state based on law,
characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.
Keywords: State, Law, Analysis, rights, concepts.
Introduction
e rule of law has been one of the main factors in the implementation of the rule of law
in the
Relations between the state and citizens. Separation of powers and of the rule of law, are
very important in creating the checks and balance between state institutions. e idea of
the rule of law comes back from the ancient times. It was described as a tool that makes
ecient ethics (Aristotle, 1987). Laws must be clear, consistent, and applied equally, in the
protection of fundamental rights, including the protection of persons and property. is
means equality of all before the law.
To understand the genuine rule of law in a country, we should analyze the legal systems
of countries which have dierent legal systems. In many countries good laws and a proper
legal state, in any form, cannot be constituted without relying on law and the fundamental
human rights. e essence of law should be the protection and development of freedom.
e power of law, lies in the existence of a stable rule. Overcoming this rule makes people
lose freedom, for if I violate the law, then it should be subject to sanctions, and therefore
lose freedom (Locke, 1690).
Love for equality in a democratic system, limits ambition in a single desire, namely the
desire to carry on homeland sublime services. But not all citizens are able to perform
the same services as opposed to their homeland, however, all citizens are obliged to
act and perform services for the benet of the state (Montesquieu, 1748). Of particular
importance are rights and freedoms, no matter if they are individual or collective rights,
because these rights derive as natural or hereditary. ese subjective rights are part of
objective law conceived as legal norms, which express the will and readiness of the state
and ruling position in the country. e rule of law is not absolute, but freedoms and rights
are considered as natural rights that no man and no one, nor the state can violate. Some
theorist sources of these rights and freedoms were based on the principle underpinning
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