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AMBIGUITY OF THE COLLOCATION “STATE SUBJECT TO THE RULE OF LAW”

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Author(s): IULIAN NEDELCU

Journal: Challenges of the Knowledge Society
ISSN 2068-7796

Volume: 3;
Issue: -;
Start page: 566;
Date: 2013;
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Keywords: stat subject to the rule of law | constitutionality | formalist vision | functionalist vision | material vision

ABSTRACT
This work has as purpose the analysis of the notion of “State Subject to the Rule of Law”, considered within the doctrine as being ambiguous due to the fact that there are several methods to understand the base of state being subject to the rule of law, on one hand and on the other hand because, similarly to the concept of democracy, the abusive use of the concept to describe political and legal regimes which are completely different from one another voids it of any meaning. The concept of state subject to the rule of law is a doctrinary creation. Although normativised by many current constitutions, its contents mostly remains uncertain, precisely due to its origin which makes it an incessant debate theme, a theme upon which a generalised agreement has not been possible up to presently. The analysis of this notion shall approach the visions upon the state subject to the rule of law expressed within the doctrine: formalist, functionalist and material which provide three different types of organisation of the state subject to the rule of law which are complementary instead, not antagonistic ones.
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