The rule of law was an evolution which started in the liberal revolutions
of the nation-state rising in the Renaissance mainly in Europe; in France, Spain and England.
During this period, there were absolute monarchies and the nation-state.
What does the rule of law mean?
The rule of law is when in the three liberal revolutions
basically, the English one in the 17th century
and the North American and French revolutions at the end of the 18th century
wins the right to equality among people
Basically, the rule of law includes three requirements
and the rule of law means the same as a constitutional state
because out of the liberal revolutions comes the constitutional state, or rule of law.
These three characteristics are firstly, the rule of law: the principle of legality.
Privileges disappear and all citizens become equal before the law.
That was first. The second key point of the rule of law: the separation of powers.
Before, the king has the legislative, executive and judicial power; now it is no longer so.
Thirdly and also very important is that fundamental rights and public liberties are won.
These three principles can be seen in article 16
of the Declaration of the Rights of Man and of the Citizen, of the 26th August 1789
which says a state does not really have a constitution
if it does not have a declaration of rights and separate powers.
Therefore, I think that here the essence of the rule of law can be seen very clearly.
The basis for rule of law and the constitutional state
can be seen in three authors and three books.
First, at the end of the 17th century, John Locke and his "Second Treatise on Civil Government"
and later, in the 18th century in France
Montesquieu's "The Spirit of Laws" and Rousseau's "Social Contract"
This is the fundamental work for the rise of the emerging state and the rule of law.
The rule of law also appears in the Spanish constitution in article 1, section 1
where it states that Spain is constituted as a social, democratic constitutional state.
The essence of the rule of law is that a person stops being a subject to become a citizen
and, therefore, to be subject to rights and obligations towards the state.
Moreover, the political power changes from being arbitrary to being legitimate
and becomes a power which is rational
compared to the arbitrariness of absolute monarchies.
Basically, the state of law was created to protect goods and people.
In his Second Treatise on Civil Government Locke mentions "the security of goods and people"
This expression was used for the first time by Robert von Mohl in Germany in 1832
although Adam Müller in 1809 had already used this expression.
The rule of law is also an evolution of the Principle of Equality
where civil rights were won in principle by the end of the 18th century
in the 19th century political rights were won and during the 20th social rights were won.
This is one of the essences of the rule of law civil rights which means equality before the law
political rights, which is basically one man, one vote - equality of suffrage
the democratic state, with universal votes for men and later, well into the 20th century, for women
and finally, social rights which pursue socio-economic equality
among citizens from the point of view of equal opportunities.
And in conclusion, we must understand that the rule of law is based mainly on judicial power.
There are other very important structures
but in the rule of law the role of the judge is fundamental
who ensure compliance with the legal order
which citizens have chosen through representatives.
This is the essence of the rule of law and a state
that cannot be separated from a democratic or social state.