rettsstat

Rettststat, often translated as the rule of law, refers to a political and legal order in which power is exercised within the constraints of law rather than by arbitrary will. In a rettsstat, public authority derives its legitimacy from legal authorization, and individuals have legally protected rights that courts can defend.

Core elements include legality, the separation of powers, and an independent judiciary. Legality requires that government actions be based on existing law and that laws are publicly accessible, precise, and prospective. The separation of powers divides legislative, executive, and judicial functions to limit the concentration of power. An independent judiciary ensures that courts can review government actions impartially and safeguard due process.

Human rights and civil liberties are central to the concept: equal treatment before the law, freedom of expression and association, protection against arbitrary detention, and the right to a fair trial. Proportionality and necessity often govern how and when rights may be restricted. Transparency and accountability mechanisms, such as access to information and independent oversight, help prevent abuses and provide avenues for redress.

The rettsstat is a foundational standard in liberal democracies and in international law, and it underpins confidence in public institutions, economic stability, and social trust. While the ideal is widely aspired to, practice varies, and ongoing challenges—such as corruption, security threats, or political pressure—test the strength and applicability of the rule of law in any given country.