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What does rechtsstaat mean?
- Rechtsstaat
- Rechtsstaat (lit. "state of law"; "legal state") is a doctrine in continental European legal thinking, originating in Dutch and German jurisprudence. It can be translated into English as "rule of law", alternatively "legal state", state of law, "state of justice", or "state based on justice and integrity".A Rechtsstaat is a constitutional state in which the exercise of governmental power is constrained by the law. It is closely related to "constitutionalism" while is often tied to the Anglo-American concept of the rule of law, but differs from it in also emphasizing what is just (i.e., a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity). Thus it is the opposite of Obrigkeitsstaat or Nichtrechtsstaat (a state based on the arbitrary use of power), and of Unrechtsstaat (a non-Rechtsstaat with the capacity to become one after a period of historical development).In a Rechtsstaat, the power of the state is limited in order to protect citizens from the arbitrary exercise of authority. The citizens share legally based civil liberties and can use the courts. In continental European legal thinking, the Rechtsstaat is contrasted with both the police state and the État légal.
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