Rule of Law Theory and Justice Theory
Legal Literacy - Explore the essence of the Rule of Law Theory and Justice Theory in this article. Learn how the concept of the rule of law underscores the importance of the supremacy of law in a country, while...
Table of Contents
14 sections
- Rule of Law Theory
- a. Interpreting the Law according to the meaning of the word (term) or commonly called grammatical interpretation:
- b. Interpreting the Law according to history or historical interpretation:
- c. Interpreting the Law according to the system in law or commonly called systematic interpretation:
- d. Interpreting the Law in a certain way so that the Law can be implemented in accordance with the current situation in society, or commonly called sociological interpretation or teleological interpretation:
- e. Authentic interpretation or official interpretation:
- f. Interdisciplinary interpretation:
- g. Multidisciplinary interpretation:
- h. Constitutional interpretation:
- Justice Theory
- 1. Original Position and Justification
- 2. Institutions and Formal Justice
- 3. Principles of Distributive Justice
- 4. Political and Constitutional Justice
”. The main characteristic of the rule of law concept is the existence of a set of legal principles that must be respected by everyone, including lawmakers (as law makers). So, in short, the idea of the rule of law is equivalent to the supremacy/sovereignty of law.
The principle of the rule of law is always accompanied by the adoptionwith the words rechtstaat and the rule of law. Dicey in his book Introduction to the Study of the Law and the Constitution, puts forward three elements of the principle of the rule of law, namelythe principle of democracy or people's sovereignty which guarantees community participation in the state decision-making process, so that every law and regulation that is applied and enforced reflects the community's sense of justice.
Law is not intended to only guarantee the interests of a few people in power, but to guarantee the interests of justice for all people. Thus, the rule of law that is developed is notabsolute rechtsstaat, butdemocratische rechtsstaat.
Indonesia, as stated in its constitution, has determined to become a democratic and sovereign state of law in the administration of state life. Currently, most countries in the world declare themselves as countries of law as well as democracies.
As a terminology, the words "rule of law" or "democracy", although difficult to define holistically, have distinctive characteristics (elements). The development of the concept of the rule of law continues to develop following the historical development of mankind. Therefore, in order to understand correctly and correctly the concept of the rule of law, it is necessary to first know the historical overview of the development of political and legal thought, which encouraged the birth and development of the conception of the rule of law.
From a historical perspective, the development of legal and state philosophical thought, the idea of the rule of law has developed since 1800 BC. The beginning of thinking about the rule of law was in ancient Greece, but according to Jimly Asshiddiqie, the idea of people's sovereignty grew and developed from Roman traditions, while ancient Greek traditions became the source of the idea of the rule of law.
In ancient Greece, the idea of the rule of law was initially developed by Plato and Aristotle. In his book politicos, which was produced at the end of his life and further explained by Plato in describing the forms of government that might be carried out.
Basically there are two kinds of government that can be carried out,
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