RULE OF LAW AND LEGISLATION AS CONSTITUTIONAL-LEGAL PRINCIPLES

Abstract

This article is devoted to the issues of the rule of law and legislation as a concept and a legal phenomenon. The rule of law is itself an integral part of any democratic society, and the very notion of the rule of law requires that all officials treat every person with dignity, equality, rationality, and law, and that everyone has the opportunity to appeal any decisions in independent and impartial courts if those decisions are unlawful. The trial itself must be fair. Thus, the rule of law is focused on the exercise of power and the relationship between the individual and the state. An important substantive difference is between “the Rule of Law” and “Rule by Law” – that is, between the rule of law and the supremacy of law. The idea of the rule of law is that the law should stand above every person and every institution in the country, including the state. That is, everyone obeys the law—both people and power structures. Because law is a value, and is understood more broadly than a set of normative acts. It is power. The rule of law, on the contrary, implies the instrumental use of the law (normative array, documents) - as an instrument of political power. The article also analyzes the meaning of the Rule of law using the example of the Republic of Uzbekistan.