The idea of state law , besides associated with the concept of ' rechtsstaat ' and ' the rule of law ' , also deals with the concept of ' nomocracy ' is derived from the word ' nomos ' and ' cratos ' . Nomocracy words that can be compared to the ' demos ' and ' cratos ' or ' kratien ' in democracy . ' Nomos ' means the norm , while the ' cratos ' is power . Imagined as a determinant factor in the administration of power is the norm or law . Therefore , the term nomocracy idea is closely related to the rule of law or principle of law as the supreme authority . In Britain the term developed by AV Dicey , it can be attributed to the principle of " rule of law " that developed in the United States became the jargon of " the rule of law , and not of Man " . The real leader is regarded as the law itself , not the person . In Plato's book titled " Nomoi " which was later translated into English under the title " The Laws , clearly illustrated how the idea nomocracy it actually has long since developed from Ancient Greece .
In modern times , the concept of Rule of Law in Continental Europe developed among others by Immanuel Kant , Paul Laband , Julius Stahl , Fichte , and others using the German term , namely " rechtsstaat ' . While the Anglo-American tradition , the concept of rule of law developed on the pioneering AV Dicey as " The Rule of Law " . According to Julius Stahl , the concept of Rule of Law he called ' rechtsstaat ' that includes four essential elements , namely :
1 . Protection of human rights .
2 . Division of powers .
3 . Rule of law .
4 . Judicial State administration .
While A.V. Dicey outlines three important characteristics in the absence of any State law he called " The Rule of Law " , namely :
1 . Supremacy of Law .
2 . Equality before the law .
3 . Due Process of Law .
The fourth principle of ' rechtsstaat ' developed by Julius Stahl mentioned above can in principle be combined with the third principle of ' rule of law ' which was developed by AV Dicey to mark the characteristics of the modern State of Law today . In fact , by " The International Commission of Jurists " , the principles of the Law of the State coupled with the principle of an independent and impartial judiciary ( independence and impartiality of the judiciary ) are nowadays increasingly felt absolutely necessary in any democratic country . The principles are considered important features according to State Law " The International Commission of Jurists " it is :
1 . The State shall respect the law .
2 . Government to respect the rights of individuals .
3 . Courts are independent and impartial .
Professor Utrecht formally distinguish between State law or State law classic , and state law or state law of modern material . State laws regarding the formal legal sense that is formal and narrow , in the sense that the legislation is written . While the second , namely the State Contracting Law also includes a more sophisticated understanding of justice in it . Therefore , Wolfgang Friedman in his book ' Law in a Changing Society ' to distinguish between the ' rule of law ' in the formal sense , namely in the sense of ' organized public power ' , and ' rule of law ' in the sense of material that is ' the rule of just law ' .
This distinction is intended to assert that the conception of the rule of law , justice will not necessarily materialize substantially , primarily due to the understanding of the law itself may be influenced by the flow of formal and legal sense may also be influenced by the flow of material legal mind . If the law rigidly and narrowly understood in the sense of mere legislation , law undoubtedly understanding developed countries are also narrow and limited and does not necessarily ensure substantive justice . Therefore , in addition to the term 'the rule of law ' by Friedman also dikembangikan term 'the rule of just law ' to ensure that in our understanding of the ' rule of law ' covered esensiel sense of justice is more than just enable legislation in the strict sense . Even if the term used fixed 'the rule of law ' , which is a broad understanding that is expected to be covered in terms of 'the rule of law ' is used to refer to the conception of the rule of law today .
From the descriptions above , in my opinion , we can reformulate the presence of twelve basic principles of Rule of Law ( Rechtsstaat ) is applicable in the present age . The twelve basic principles that constitute the main pillars supporting the establishment of the modern state stand so it can be referred to as the State Law ( The Rule of Law , or Rechtsstaat ) in the true sense .
In modern times , the concept of Rule of Law in Continental Europe developed among others by Immanuel Kant , Paul Laband , Julius Stahl , Fichte , and others using the German term , namely " rechtsstaat ' . While the Anglo-American tradition , the concept of rule of law developed on the pioneering AV Dicey as " The Rule of Law " . According to Julius Stahl , the concept of Rule of Law he called ' rechtsstaat ' that includes four essential elements , namely :
1 . Protection of human rights .
2 . Division of powers .
3 . Rule of law .
4 . Judicial State administration .
While A.V. Dicey outlines three important characteristics in the absence of any State law he called " The Rule of Law " , namely :
1 . Supremacy of Law .
2 . Equality before the law .
3 . Due Process of Law .
The fourth principle of ' rechtsstaat ' developed by Julius Stahl mentioned above can in principle be combined with the third principle of ' rule of law ' which was developed by AV Dicey to mark the characteristics of the modern State of Law today . In fact , by " The International Commission of Jurists " , the principles of the Law of the State coupled with the principle of an independent and impartial judiciary ( independence and impartiality of the judiciary ) are nowadays increasingly felt absolutely necessary in any democratic country . The principles are considered important features according to State Law " The International Commission of Jurists " it is :
1 . The State shall respect the law .
2 . Government to respect the rights of individuals .
3 . Courts are independent and impartial .
Professor Utrecht formally distinguish between State law or State law classic , and state law or state law of modern material . State laws regarding the formal legal sense that is formal and narrow , in the sense that the legislation is written . While the second , namely the State Contracting Law also includes a more sophisticated understanding of justice in it . Therefore , Wolfgang Friedman in his book ' Law in a Changing Society ' to distinguish between the ' rule of law ' in the formal sense , namely in the sense of ' organized public power ' , and ' rule of law ' in the sense of material that is ' the rule of just law ' .
This distinction is intended to assert that the conception of the rule of law , justice will not necessarily materialize substantially , primarily due to the understanding of the law itself may be influenced by the flow of formal and legal sense may also be influenced by the flow of material legal mind . If the law rigidly and narrowly understood in the sense of mere legislation , law undoubtedly understanding developed countries are also narrow and limited and does not necessarily ensure substantive justice . Therefore , in addition to the term 'the rule of law ' by Friedman also dikembangikan term 'the rule of just law ' to ensure that in our understanding of the ' rule of law ' covered esensiel sense of justice is more than just enable legislation in the strict sense . Even if the term used fixed 'the rule of law ' , which is a broad understanding that is expected to be covered in terms of 'the rule of law ' is used to refer to the conception of the rule of law today .
From the descriptions above , in my opinion , we can reformulate the presence of twelve basic principles of Rule of Law ( Rechtsstaat ) is applicable in the present age . The twelve basic principles that constitute the main pillars supporting the establishment of the modern state stand so it can be referred to as the State Law ( The Rule of Law , or Rechtsstaat ) in the true sense .
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