Rechtsstaat

The term *Rechtsstaat* (German pronunciation: [ˈʁɛçt͡sˌʃtaːt]), meaning "legal state" or "state of law," is a concept from continental European legal theory, rooted in German jurisprudence. It describes a state where all individuals, and especially the government, are bound by the law. This idea is similar to Anglo-American constitutionalism and the rule of law, but it places additional weight on justice—understood as moral rightness derived from ethics, rationality, law, natural law, religion, or equity. A *Rechtsstaat* is the opposite of an *Obrigkeitsstaat* (a state based on arbitrary power) or an *Unrechtsstaat* (a non-*Rechtsstaat* that may evolve into one over time). In such a state, governmental power is limited to protect citizens from arbitrary authority, and citizens enjoy legally protected civil liberties and access to courts. Continental European thought contrasts the *Rechtsstaat* with both the police state and the *État légal*.

German scholars often trace the movement toward the *Rechtsstaat* to the philosopher Immanuel Kant (1724–1804). While Kant did not use the word itself, he distinguished an existing state (*Staat*) from an ideal constitutional state (*Republik*). His framework emphasizes the supremacy of a written constitution, which must guarantee conditions for a peaceful and prosperous life. Kant argued that this happiness should be secured by a moral constitution agreed upon by the people, leading to moral government. His political philosophy can be summed up as republican government and international organization, or more specifically, a state based on law (*Rechtsstaat*) and eternal peace—both expressing the idea of legal constitution or "peace through law." For Kant, the state is the union of men under law, constituted by laws that are necessary a priori because they flow from the concept of law itself. A regime can be judged only by the criteria proper to lawful order.

The term *Rechtsstaat* itself was likely introduced by Carl Theodor Welcker in 1813, but it gained popularity through Robert von Mohl’s book *Die deutsche Polizeiwissenschaft nach den Grundsätzen des Rechtsstaates* (1832–33). Von Mohl, in a Kantian spirit, contrasted government through policy with government under general rules.

The core principles of a *Rechtsstaat* include: the state is based on the supremacy of its constitution, guaranteeing citizens’ safety and constitutional rights; civil society is an equal partner to the state; powers are separated among executive, legislative, and judiciary branches, with checks and balances; the judiciary and executive are bound by law, and the legislature is bound by constitutional principles; both legislation and democracy are limited by fundamental constitutional rights and principles; state actions must be transparent and justified; independent bodies review state decisions, with an appeal process; laws are hierarchical, clear, and definite; state actions are reliable, protect past good-faith dispositions, and prohibit retroactivity; and state action must be proportional.

The Russian legal system, shaped by 19th-century reforms under Emperor Alexander II, is largely based on German legal tradition. From this, Russia adopted the doctrine of *Rechtsstaat*, translated as "legal state" (*Правовое государство*, *pravovoe gosudarstvo*). This principle appears in the first dispositive provision of Russia’s post-Communist constitution, which declares the Russian Federation a democratic, federative legal state with a republican form of governance. Similarly, Ukraine’s constitution begins by calling the country a sovereign, independent, democratic, social, legal state. Giving meaning to "legal state" is a practical challenge. Valery Zorkin, President of the Constitutional Court of Russia, wrote in 2003 that becoming a legal state has long been the ultimate goal, and progress has been made, but no one can claim the destination has been reached. Such a state cannot exist without a lawful and just society, and the state reflects society’s maturity. The Russian concept of legal state also incorporates elements of constitutional economics.