Legal State and Law Order

Abstract

With other words legal state computes with the state of right namely it means a kind of state, power, that is supported in the right. In the case of legal state, as a state of right, we will understand two main elements: The guarantee for respecting human’s rights and freedom, and legal limit of state power. If we elaborate the last element it results that “Every action of state power should be preliminary regulated with the right (with legal norms)”. From this it results that all legal actions that are done by state should be regulated from the right, and also the rapport state – citizen. At legal state the conditions for human’s rights and freedom should be concretized in strong legal basis, as well as the mechanisms for their protection. “Everything is allowed if it isn’t prohibited with constitution and law”. This category is relatively new in the legal doctrine. An essential element in the concept of legal state is separation and the limit of state power. No power is absolute. The power is limited with law, which sets the frame for its area. Legal state is computed with independent judiciary, independent judiciary is an institution of a democratic and legal state that should provide citizen’s protection from power’s arbitrariness, efficient protection of human’s rights and freedom, as well as the objective arbitration of courts, in choosing public and private contests. As a rule, human’s rights and freedom are guaranteed and as such they are a main precondition to guarantee human’s dignity, within a communion like state. Human’s rights and freedoms regulate the relations between the citizen and the society as a whole. Taken as a whole for the category or the legitimacy notion is a characteristic to emphasize that within it presents equality and legal security for the subjects of the right, for the physical person or the legal one. Formal legitimacy of the acts stays in the compliance of norms according to the authorizations (competences), procedure and the materialization of legal act. Material legitimacy of acts stays between legal norms and material actions or their application means their legitimacy. The domestic content of legal order constitutes legal norms. The purpose of legal norms if their realization and their application, where people’s behavior is regulated with relevant legal norms. With other words the purpose of legal norms is their realization in the overall society practice. Illegality presents the non-compliance between lower legal acts of state administration bodies and justice authorities with higher legal acts. The incompatibility of lower legal acts with the higher ones brings contradictions in two directions: formal legal and material contradiction. But regarding to administrative penalties – sanctions we have: 1. By criteria: physical sanctions, material sanctions, moral sanctions 2. By purpose: retributive sanctions and restituive sanctions. With sanctions against acts we have to do with the application of sanctions against acts, for example by appointing state employees or in marriage, by violating the relevant norm. These kinds of acts can be declared as inexistent if the relevant norms are not respected, because they can’t produce legal effects. In this context, the marriage and the other act of state administration is cancelled, if they were created contrary to the principle of legitimacy, by violating the law.