THE LEGAL STATE (RECHTSSTAAT) AND THE RULE OF LAW
Goran Goranov
Pages: 51-65
ABSTRACT: "Rechtsstaat" and “the rule of law” stand as pivotal ideals in contemporary legal and political discourse, serving as fundamental aspirations for the establishment and maintenance of just and stable societies. Their significance is increasingly evident in global discussions concerning governance, the protection of human rights, and the fostering of equitable international relations. While these terms are frequently employed interchangeably, particularly in translation across different languages, a closer examination reveals subtle yet consequential distinctions that warrant careful consideration. A nuanced understanding of their relationship is not merely an academic exercise but is crucial for accurate legal and political analysis, informing our comprehension of diverse legal systems and their underlying philosophies. The fact that "Rechtsstaat", a term originating in German jurisprudence, is often rendered into English as "rule of law" underscores the potential for terminological ambiguity, necessitating a detailed comparative analysis to delineate their specific characteristics and areas of convergence.
Keywords: Rechtsstaat, rule of law, political and legal discourse
