THE RULE-OF-LAW STATE AS A PHILOSOPHICAL AND THEORETICAL PROBLEM AND A WAY OF ORGANIZING POWER

The actual task of fundamental jurisprudence is to analyze the content and social purpose idea rule-of-law state. Based on analysis world political legal thought, article reveals meaning this philosophical theoretical problems phenomenon. Purpose: carry out a theoretical-legal historical-political understanding concept Methods: empirical methods description, comparison, interpretation; formal dialectical logic; specific scientific methods: legal-dogmatic interpretation norms. Results: study shows multifaceted phenomenon A separate problem characterizing state practical issue limitation (self-limitation) by law, which cannot be subject an theory positivism, but requires appeal meta-legal concepts. It shown that can assessed not only as ideal type state, also real way organizing in presence mechanism separation powers, institution human rights predictability power.