The Concept of Freedom and the Concept of Power in the Rule of Law

The rule of law defines one of the characteristics of the form of a democratic regime of government from the viewpoint of relations between state and law, and power and law, by ensuring the supremacy of law and of the fundamental human rights and freedoms in the exercise of power and must implement the supremacy of law both in the relationships with citizens and in the relationships with the government entities. Thus, the exigency and manifestation of the state involves a certain statute of power, limited if possible, in order to prevent it from becoming a prerogative at the discretion of those exercising it. The freedom of every person must be guaranteed at the same time, meaning that everything that does not affect the other may be done, exemplifying in this respect the situation when the exercise of natural rights of every human being does not have any limits, except those providing the exercise of the same rights for other society members, limits that can be determined only by law. Freedom and power as governance practices are in an opposite position and each of the two concepts may be considered as the remedy of the other. Along the evolution of history, society's political organization, mainly by its main institution, the state, was achieved more and more based on the perfection of state structure in relation to the natural and legal persons of the state and of some rigorous legal norms that established both their freedoms and rights and the obligations and limitation of power of the state organisms to act in the spirit of the legal norms. The name of rule of law itself indicates that the state exercises its political power based on legal norms by using the force of argument and not the argument of force.