Principles of the rule of law in general and in administrative law in particular

Authors

  • Yuliia Volodymyrivna Meh Doctor of Legal Sciences, Associate Professor at the Department of Administrative Law and Administrative Activities, Yaroslav Mudryi National Law University https://orcid.org/0000-0002-0191-1020
  • Mariia Vitaliivna Kalin A second – year student majoring in “International Law”, Faculty of International and European Law, Yaroslav Mudryi National Law University https://orcid.org/0009-0006-3136-3551
  • Valeriia Oleksiivna Kovdria A second – year student majoring in “International Law”, Faculty of International and European Law, Yaroslav Mudryi National Law University https://orcid.org/0009-0009-1377-2468

Keywords:

rule of law, administrative law, Rechtsstaat, état de droit, international standards, Constitution of Ukraine, judiciary

Abstract

The article is devoted to the principles of the rule of law. The article examines the historical origins of the rule of law concept, from antiquity, in particular the teachings of Herocles, Plato and Aristotle, to the present day. Particular attention is paid to the influence of the Roman legal tradition, the development of principles in common law systems and the Rechtsstaat doctrine. The specifics of the rule of law in the administrative law of Ukraine are analyzed in particular, the role of the Constitution and the Code of Administrative Procedure of Ukraine.  International standards of this principle set out by the Venice Commission are considered, as well as current challenges, such as corruption, decreasing trust in state institutions and the impact of authoritarian trends in the world. Purpose: To explore the history of the development of the principle of the rule of law, show why it is particularly important and necessary in the context of administrative law, consider how it affects Ukrainian administrative law, and what challenges it poses to the modern world.  Methods: The study uses a combination of historical, comparative and legal methods of analysis. Results and Conclusions: The rule of law remains a key element for the development of legal systems, guaranteeing justice and protecting human rights. Its implementation requires effective functioning of institutions, harmonisation of legislation with European standards, fighting corruption and building trust in public authorities. In the field of administrative law, this principle promotes transparency, efficiency and accountability of public administration, which is important for Ukraine's democratic development.

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Published

2024-11-29

How to Cite

Meh, Y. V., Kalin, M. V., & Kovdria, V. O. (2024). Principles of the rule of law in general and in administrative law in particular . Ukrainian Political and Legal Discourse, (5). Retrieved from https://ppdnz.com.ua/index.php/home/article/view/116

Issue

Section

Administrative law and process