On the Rule of Law

Alexander Bröstl’s book On the Rule of Law does not deal directly with experience relating to the introduction of the principle of the rule of law in the Slovak Republic, but addresses the developmental trajectories of the rule of law.

The theory of the rule of law in Germany was historically the counterpart to the concept of the police state and, later, after the Second World War, also to the concept of the totalitarian state. From a comparative perspective, it follows that the concept of the rule of law is, in most cases, synonymous with constitutional and legal government. The essential characteristics of a state bearing this designation also include the protection of individual freedom and the legal certainty of its citizens. With regard to developments since the 19th century, the book presents four fundamental theories of the rule of law: the liberal, substantive, social, and democratic theories of the rule of law.

The subject matter of the book On the Rule of Law also includes the principles of the rule of law. It analyses the guarantees of fundamental rights and freedoms, legitimacy and legality, the separation of powers, mutual checks and balances of power, the sovereignty of the people, the supremacy of the constitution and the law, as well as legal certainty. Within the framework of the typology of the totalitarian state versus the liberal state, the concluding part outlines the differences between these two types of state.

Author: Alexander Bröstl