rechtsstatelijkheid

Rechtsstatelijkheid, or the rule of law, is the principle that governmental power is exercised within the framework of law and subject to legal oversight. In a rechtsstatelijkheid, laws regulate both public administration and private rights, and authorities act only within the powers granted by the legal framework. Key elements include the legality principle, an independent and impartial judiciary, the separation of powers, protection of fundamental rights, proportionality in the use of powers, and accountability and transparency of public bodies. The rule of law also requires access to judicial remedies, predictable legal processes, and non-arbitrary decision-making.

Origin and development: The concept emerged in German legal and political thought in the 18th and 19th centuries within liberal constitutionalism and became central to modern constitutional regimes. Today, many states formalize rechtsstatelijkheid in foundational documents; in Germany, the Basic Law of 1949 codifies the rule of law as a core principle. The idea also plays a central role in European integration, where the rule of law underpins the work of the European Union and the European Court of Human Rights.

Relation to democracy and limits: Rechtsstatelijkheid is closely linked to democracy but is not identical to it; a democratic majority could still violate rights if legal safeguards are weak. Mechanisms such as judicial review, proportionality tests, and oversight aim to prevent abuse and protect minority rights. Debates continue about how to balance security, emergency powers, and rights guarantees within a substantive rule-of-law framework.

In practice, rechtsstatelijkheid provides legal certainty, protects individual liberties, limits arbitrary government actions, and supports accountable governance. It remains a foundational criterion for constitutional democracies and for international and regional legal orders that seek to uphold the rule of law.