Lessons 10 · 1 lessons · O. Karimova, N. Ismatova, Sh. Sariqov, O. Amanova (methodological editor E. Sariqov). O‘zbekiston davlati va huquqi asoslari (Foundations of the state and law of Uzbekistan), Grade 8. Huquq va Jamiyat publishers, Tashkent, 2019
10
The rule-of-law state
Textbook: pp. 53–57
GoalExplain the concept of the rule-of-law state, its main features and how it differs from an etatist state.
New words
rule-of-law state · huquqiy davlatsupremacy of law · huquq ustuvorligietatist state · etatik davlatseparation of powers · hokimiyatlar bo‘linishi
Explanation
A rule-of-law state is a democratic state in which law is supreme, judicial independence and human rights are guaranteed, and state power is divided into legislative, executive and judicial branches. Its main features: the Constitution has the highest legal force; everyone – citizens, foreigners, officials and state bodies – obeys the law; the person, their life, honour and rights are the highest value; power is formed through elections; courts are independent and rely only on the law; the state and the citizen are mutually responsible. In contrast, in an etatist state strict orders often take the place of law, the state tries to control the economy and private life fully, and the freedom of organisations is limited. In practice many states are somewhere in between. The Constitution of Uzbekistan describes the state as democratic, legal and social; building a rule-of-law state is a continuing process whose success also depends on citizens’ legal culture.
Worked examples
An official too obeys the law: if an official makes a demand not found in the law, a citizen can complain to a higher office, the prosecutor’s office or a court. This shows the supremacy of law.
No one can alter a court decision and influencing a judge is forbidden. This judicial independence is a feature of a rule-of-law state.
Class activity
“Find the features”: the teacher reads three descriptions of states (everything run by orders; laws exist but no oversight; power divided, independent court). The class says which fits a rule-of-law state and writes the reason.
Practice
1
List four features of a rule-of-law state.
The Constitution’s supreme force, everyone obeying the law, separation of powers, an independent court, guaranteed human rights (any four).
2
How does an etatist state differ from a rule-of-law state?
In an etatist state orders often replace law, the state tries to control everything and freedoms are limited.
3
Why must the court be independent?
If a court is influenced, a fair decision cannot be made; an independent court relies only on the law even in disputes between citizen and state.
4
Which feature fits: a school director must also obey the law?
Supremacy of law: everyone, including leaders, is equal before the law.