On the Legal State

Abstract

This academic article focused on studying the Legal State. It was found that a key principle of the legal state that demanded good governance for the state as the legal state demands, was "rule of law not rule by people” which had its roots in Aristotle's proposal in the literary name "politics" that Aristotle talked about good governance was "rule of law” which was more desirable than rule by any human being.” After Rome was destroyed by the Germanic tribes in the year 476, a German jurisprudence introduced the concept of “Public things”, which was an important fundamental principle of the rule of law combined with the concept of law of the German people resulting in the “Romano-Germanic legal system” that had influence on law system in European countries and was the cornerstone of the rule of law. It was a principle that adheres to the principle that good governance was "rule of law, not rule by people." Subsequently, under the idea of rule of law of thinkers in the contemporary era, there was a consensus that in the present liberal democratic state, the rule of law called for that although the state had a sovereign power which was the ultimate power, but the modern liberal democratic state must respect the law and bind themselves to the laws created by the state to prevent the state or government agency which had power over individuals not to use their power to enact rules or issue administrative orders to order individuals to act or refrain from doing certain acts without express authorization by law. And even if there was a law granting such powers but must use that power only within the framework prescribed by law. Therefore, it can be finally said that the rule of law aimed to protect people's rights and liberties from arbitrary exercise of state power.