The Legal Aspects of the Principal of Rule of Law asan Element of Costitutionalism

Abstract

The paper analyzes the relation between the principle of Rule of Law and the concept of Constitutionalism. In this context, the paper elaborates the concept of Rule of Law and its varieties of definitions. The author emphasizes that although there are different approaches in defining the concept of constitutionalism, they all include the principle of rule of law. The paper also brings up the issue of some legal aspects of the principal of Rule of law- hierarchy of acts in the legal system (Kelzen-Merkl Stuffentheorie), and the limits and boundaries of the powers of the norm makers, in the process of materialization of the law. The paper analyzes the problem of (pan)iuridisation and prolyferation as deviation / hybridization of the legal system in practice