|
Rechtsstaat
''Rechtsstaat'' (lit. "state of law"; "legal state") is a doctrine in continental European legal thinking, originating in Dutch and German jurisprudence. It can be translated into English as "rule of law", alternatively "legal state", state of law, "state of justice", or "state based on justice and integrity". A ''Rechtsstaat'' is a constitutional state in which the exercise of governmental power is constrained by the law. It is closely related to "constitutionalism" while is often tied to the Anglo-American concept of the rule of law, but differs from it in also emphasizing what is just (i.e., a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity). Thus it is the opposite of ''Obrigkeitsstaat'' or ''Nichtrechtsstaat'' (a state based on the arbitrary use of power), and of ''Unrechtsstaat'' (a non-''Rechtsstaat'' with the capacity to become one after a period of historical development). In a ''Rechtsstaat'', the power of the state is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unrechtsstaat
The German term ''Unrechtsstaat'' (pl. ''Unrechtsstaaten'') is a pejorative approximately meaning "unconstitutional, unjust, or unlawful state" used to refer to a state in which the exercise of major aspects of governmental power is not constrained by the law, as opposed to a ''Rechtsstaat'' (constitutional state). It is used not only as a jurisprudential term but also as a political one. The origin of the term is attributed to the Prussian Catholic politician Peter Reichensperger, who in 1853 used the term to imply that Prussia would become "unjust" if it curtailed the rights of its Catholic subjects. States that have been referred to as an ''Unrechtsstaat'' include: * The German Democratic Republic * The Republic of Belarus * The People's Republic of China * The Democratic People's Republic of Korea * The Republic of the Union of Myanmar * The Russian Federation * Apartheid-era South Africa * The Union of Soviet Socialist Republics Connotations According to lawyer Horst Send ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immanuel Kant
Immanuel Kant (, , ; 22 April 1724 – 12 February 1804) was a German philosopher and one of the central Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works in epistemology, metaphysics, ethics, and aesthetics have made him one of the most influential figures in modern Western philosophy. In his doctrine of transcendental idealism, Kant argued that space and time are mere "forms of intuition" which structure all experience, and therefore that, while " things-in-themselves" exist and contribute to experience, they are nonetheless distinct from the objects of experience. From this it follows that the objects of experience are mere "appearances", and that the nature of things as they are in themselves is unknowable to us. In an attempt to counter the skepticism he found in the writings of philosopher David Hume, he wrote the '' Critique of Pure Reason'' (1781/1787), one of his most well-known works. In it, he developed his theory of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
État Légal
The ''État légal'' (English: "legal state"), also called "legicentric state", is a doctrine of continental European legal thinking, originated in French constitutional studies, which argues for the primacy of the law over constitutional rights. Contrary to the police state – where the law is arbitrary, unequally applied, and its making outside of non-state control – and to the ''Rechtsstaat'' ("state of rights") – in which constitutional rights are viewed as preceding and superseding the authority of the law – the ''état légal'' is a form of rule of law where the law is applied equally – i.e. to the people and to the state – ''as it is decided'', that is without or with reduced constitutional limits to the will of the law maker. In democratic regimes enforcing universal suffrage, the ''état légal'' gives absolute primacy to the decision of the majority of the voters – generally via their elected representatives – which can lead to decisions possibly detriment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Von Mohl
Robert von Mohl (17 August 1799 – 4 November 1875) was a German jurist. Father of diplomat Ottmar von Mohl and salonnière Anna von Helmholtz. Brother of Hugo von Mohl, Moritz Mohl and Julius von Mohl. From 1824 to 1845 he was professor of political sciences at the University of Tübingen, losing his position because of some frank criticisms which brought him under the displeasure of the authorities of Württemberg. In 1847 he was a member of the parliament of Württemberg, and in the same year he was appointed professor of law at Heidelberg; in 1848 he was a member of the German Parliament which met at Frankfurt and for a few months he was minister of justice. He was also a member of parliament in the Reichstag. From 1827 to 1846, he was a professor of ''Staatswissenschaften'' (political science and political economics) of the University of Tübingen. Robert von Mohl was one of the first to coin the term of a ''Rechtsstaat'', or constitutional state, as opposed to the "anti-ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police State
A police state describes a state where its government institutions exercise an extreme level of control over civil society and liberties. There is typically little or no distinction between the law and the exercise of political power by the executive, and the deployment of internal security and police forces play a heightened role in governance. A police state is a characteristic of authoritarian, totalitarian or illiberal regimes (contrary to a liberal democratic regime). Such governments are typically one-party states, but police-state-level control may emerge in multi-party systems as well. Originally, a police state was a state regulated by a civil administration, but since the beginning of the 20th century it has "taken on an emotional and derogatory meaning" by describing an undesirable state of living characterized by the overbearing presence of civil authorities. The inhabitants of a police state may experience restrictions on their mobility, or on their freedom to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
