rechtsstaten

Rechtsstaten, plural of rechtsstaat, are states governed by the rule of law, in which government power is bounded by legal norms and individuals have enforceable rights. A rechtsstaat ensures that state action follows pre-established procedures rather than personal or arbitrary decisions.

Core elements include the supremacy of the constitution, the legality principle that all government action requires legal authorization, separation of powers, an independent judiciary, protection of fundamental rights, due process and equal protection, proportionality in restricting rights, transparency, and accessible avenues of redress.

Historically, the concept emerged during Enlightenment constitutional thought and was developed in German and Dutch legal doctrine as a set of normative constraints on rulers. In the 19th and 20th centuries it became central to liberal democracies and later a cornerstone of European constitutionalism and EU law.

States commonly described as rechtsstaten include Germany, the Netherlands, Sweden, and Denmark, though the term applies more broadly to any country that adheres to the rule of law. Contemporary challenges—such as emergency powers, surveillance, corruption, or pressures on judicial independence—test the strength of these systems while the aim remains to prevent arbitrary rule and protect rights within a constitutional framework.

Related concepts include the Rechtsstaat, the rule of law, and the constitutional state.