Legal state as a philosophical and political problem (on the 30th anniversary of the RF Constitution)

Abstract

The article shows the social and philosophical-theoretical foundations of the idea of the rule of law. Based on world political and legal thought, the nature and evolution of this phenomenon is revealed. It is argued that in the presence of the institution of human rights, the mechanism of separation of powers and the predictability of the actions of state power, the rule of law can be assessed not only as an ideal, but also as a real way of organizing the state. It has been demonstrated that public order is a constant compromise between various forces in society, determined by the intensity of social interests. One of the ways to overcome political alienation is the subordination of the state to law, designed to ensure predictability of the actions of state power, guaranteeing a stable legal order. It is emphasized that the issue of the state being bound by law cannot be resolved within the framework of the theory of legal positivism and requires turning to meta-legal concepts (justice, good morals, common good) that lie outside positive law, and their basis and boundaries must be sought in philosophical and legal principles. Special attention is paid to the understanding of the social state — a state that establishes social (material) guarantees for broad layers of the population, fights poverty and introduces legal mechanisms for this purpose. It is shown that a legal social state is one of the central problems of Russian liberal philosophy of law. The rule of law, from the point of view of its representatives, must be supplemented by the “right to a decent existence”.

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