Everything about Rechtsstaat totally explained
Rechtsstaat is a concept in
continental European legal thinking, originally borrowed from
German jurisprudence, which literally means a "rule of law state" or "
constitutional state". It is a
state in which the exercise of
governmental power is constrained by the
law, and is often tied to the
Anglo-American concept of the
rule of law.
In a
Rechtsstaat, the power of the
state is limited in order to protect
citizens from the arbitrary exercise of
authority. In a
Rechtsstaat the citizens share both legally based
civil liberties and they can use the
courts. A country can't be a
liberal democracy without being a
Rechtsstaat.
The concept of the
Rechtsstaat first appeared in the German context in
Robert von Mohl's book
Die deutsche Polizeiwissenschaft nach den Grundsätzen des Rechtsstaates (1832–1834), and was contrasted with the
aristocratic police state.
German writers usually place
Immanuel Kant's theories at the beginning of their accounts of the movement toward the Rechtsstaat.
Around the 1830s, the notion of political freedom took root in Middle-Eastern Muslims. Their concept of freedom owed much to the idea of the
Rechtsstaat, and could be easily presented as a development of the classical Islamic concept of justice.
Further Information
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