jogállamok

Jogállamok, also known as states of law, are political entities that operate under a legal system based on written laws, as opposed to customary or religious laws. These states are characterized by a legal framework that is codified and enforced by independent judicial institutions. The concept of a state of law is central to the rule of law, which ensures that all individuals, including those in power, are subject to the law.

The principle of a state of law is rooted in the idea that the law should be clear, predictable, and applied equally to all citizens. This principle is often attributed to the German jurist Carl Schmitt, who argued that a state of law is one where the law is the supreme authority, even above the state itself. This means that the law governs the actions of the state as well as its citizens.

In a state of law, the legal system is independent and impartial, ensuring that justice is served without favoritism. This independence is crucial for maintaining public trust in the legal system and for preventing abuses of power. The legal framework in a state of law typically includes a constitution, laws, and regulations that are enforced by courts and other legal institutions.

The concept of a state of law is often contrasted with a state of exception, where the state can act outside the law in times of crisis or emergency. While a state of exception can be necessary for addressing urgent situations, it can also lead to abuses of power and a weakening of the rule of law.

In summary, jogállamok are political entities that operate under a legal system based on written laws and an independent judiciary. The principle of a state of law is essential for ensuring that the law is applied equally and fairly to all citizens, and for maintaining public trust in the legal system.