Redefining Civil Society in Relation to Their Relationship with the State and Their Contribution to the Building of the Rule of Law
Redefining Civil Society in Relation to Their Relationship with the State and Their Contribution to the Building of the Rule of Law
Author(s): Maria-Nicoleta MorarSubject(s): Constitutional Law, Sociology of Law
Published by: Editura Universitaria Craiova
Keywords: society; sovereignty; rule of law; Constitution;
Summary/Abstract: If it were conceived that the civil society might be without right, it should be admitted that the individuals who make up this society are by their nature independent of the community. However, since communities that make up the population are a component of the state, if each individual by his nature would deny his belonging to civil society, the concept of "state" would be limited to territory, excluding the idea of a human community, which would be a paradox. The relationship between civil society and the rule of law is based on the principle that the powers emanate from the people themselves, and as a consequence, the sovereignty of the people becomes the basis of government. Comparative analysis of constitutional texts reinforcing the idea that society is a central and defining element of the rule of law, being taken into account: the Constitution of Romania, the Constitution of the Hellenic Republic, the Constitution of the Republic of Austria, the Constitution of Italy and the Constitution of the French Republic. In order to be able to redefine civil society, we will analyze: the relationship of the civil society with the rule of law and the way in which this society participates in building the rule of law.
Journal: Revista de Științe Politice. Revue des Sciences Politiques
- Issue Year: 2018
- Issue No: 59
- Page Range: 82-91
- Page Count: 10
- Language: English