El estado derecho: problema, perspectivas, contenido y modelo

Abstract

In this paper, we address the concept of the Rule of Law, presenting some useful perspectives for its analysis and edification, at the same time that we set the elements that, after its historical development, configure its essential basic content. This content shows that, for there to be an authentic Rule of Law, the power must be limited and subject to law, there must be a separation and balance of its functional manifestations, an effective judicial control in its exercise, in addition to the recognition and effective or actual enforcement of fundamental rights. With this observation, we also approach some theoretical models that, from different positions, raise different ideas about the Rule of Law, and we conclude with an approximation to the constitutional State as an advanced expression of the Rule of Law. (English) [ABSTRACT FROM AUTHOR]