Rechtsstaat

A **Rechtsstaat** (German: [ˈʁɛçt͡sˌʃtaːt]), meaning "state of law" or "legal state," is a concept from continental European legal thought, rooted in German jurisprudence. It describes a state where everyone—especially the government—is bound by the law. Other translations include "rule-of-law state," "state of justice," or "state based on justice and integrity." In a Rechtsstaat, governmental power is both grounded in and limited by law, making it a constitutional state. While closely related to Anglo-American constitutionalism and the rule of law, it differs by also stressing what is just—a moral rightness derived from ethics, rationality, law, natural law, religion, or equity. Thus, it stands in opposition to an *Obrigkeitsstaat* (a state of arbitrary authority) or *Nichtrechtsstaat* (a state based on unchecked power), as well as an *Unrechtsstaat* (a non-Rechtsstaat that could evolve into one over time).

The state’s power is restricted in a Rechtsstaat to shield citizens from arbitrary rule. Citizens enjoy legally protected civil liberties and can seek redress through the courts. In continental European thinking, the Rechtsstaat is set apart from both a police state and an *État légal*.

German scholars often trace the movement toward the Rechtsstaat to the philosopher Immanuel Kant (1724–1804). Though Kant never used the term itself, he distinguished an existing state (*Staat*) from an ideal, constitutional one (*Republik*). His framework rests on the supremacy of a written constitution, which must provide guarantees for his core idea: a lasting peaceful life as the foundation for people’s happiness and prosperity. Kant argued this happiness should be secured by a moral constitution agreed upon by the people, leading to moral government under it. His political teaching can be summed up as republican government and international organization—or, in Kantian terms, a state based on law (Rechtsstaat) and eternal peace. Both formulations express the same notion: legal constitution or "peace through law." Kant’s political philosophy, essentially a legal doctrine, rejects the opposition between moral education and the play of passions as bases for social life. He defined the state as the union of men under law, constituted by laws that are necessary a priori, flowing from the very concept of law. A regime can be judged only by criteria proper to the lawful order itself.

The term *Rechtsstaat* first appeared in 1813, introduced by Carl Theodor Welcker, but was popularized by Robert von Mohl in his book *Die deutsche Polizeiwissenschaft nach den Grundsätzen des Rechtsstaates* (1832–33). Von Mohl, in a Kantian spirit, contrasted government through policy with government under general rules.

Key principles of the Rechtsstaat include: the state is founded on the supremacy of its national constitution, guaranteeing citizens’ safety and constitutional rights; civil society is an equal partner to the state; there is a separation of powers, with executive, legislative, and judicial branches checking one another; the judiciary and executive are bound by law (not acting against it), while the legislature is bound by constitutional principles; both the legislature and democracy itself are constrained by elementary constitutional rights and principles; state acts must be transparent and reasoned; state decisions are reviewed by independent bodies, with an appeals process; laws are hierarchical, clear, and definite; state actions are reliable, protecting past good-faith dispositions and prohibiting retroactivity; and state action must be proportional.

The Russian legal system, shaped by 19th-century reforms under Emperor Alexander II, is based largely on the German tradition, from which it borrowed the doctrine of Rechtsstaat, translated as "legal state" (*Правовое государство*, *pravovoe gosudarstvo*). This principle appears in the first dispositive provision of Russia’s post-Communist constitution: "The Russian Federation – Russia – constitutes a democratic federative legal state with a republican form of governance." Similarly, Ukraine’s constitution begins: "Ukraine is a sovereign and independent, democratic, social, legal state." Giving meaning to "legal state" is far from theoretical. Valery Zorkin, President of the Constitutional Court of Russia, wrote in 2003 that becoming a legal state has long been the ultimate goal, with serious progress made, but that no one can claim the destination has been reached. Such a state cannot exist without a lawful and just society, where the state reflects society’s maturity. The Russian concept of legal state has also adopted many elements of constitutional economics.