Doctrines of the Constitutional State and the Rule of Law: Common and Special Features

The subject of the research of the scientific article is a comparative legal analysis of two leading constitutional legal doctrines in the Western tradition of law - the concepts of the constitutional state and the rule of law. The article defines the affiliation of the studied doctrines to the Western tradition of law, reveals the necessary prerequisites for the implementation of the corresponding political and legal ideals. Particular attention is paid to the contrasting comparison of the doctrines of the constitutional state and the rule of law. The author sees the most significant differences between the doctrines of the constitutional state and the rule of law in their belonging to the political or legal sphere, the object of restriction, attitude to the judiciary and judicial procedure, connection with the philosophy of law, the form of expression of law and domestic or international legal orientation.    The scientific novelty of the work rests in the fact that the author has undertaken a contrasting comparative legal study of the doctrines of the constitutional state and the rule of law. The article substantiates that the doctrine of the constitutional state belongs to the ideology of the civil law, while the doctrine of the rule of law is the leading constitutional doctrine in the states of common (Anglo-American) law. In contrast to the continental concept of the constitutional state, the doctrine of the rule of law is organically linked to the specific experience of the political and legal development of England, aimed at establishing a universal, defined, based on a common law order, the limitation of the law, the primary basis of which is the case law of the courts, the current executive power, is considered not only as domestic, but also international legal the concept, and pays special attention to the observance of the procedural form, with which it associates the achievement of the goals of the rule of law.

Rule of Law, constitutional state, English jurisprudence, legal doctrine, legal procedure, legal order, comparative law, philosophy of law, civil law, common law