The Rule-of-Law State as a Societal Condition: From the Supremacy of Statute to the Primacy of Law

This article conceptualizes the rule-of-law state as a societal condition in which law operates not merely as a formal basis for public authority but as an effective constraint on discretion, securing legal certainty, equality, and access to judicial protection. It examines doctrinal approaches to the defining features of a rule-of-law state and their relevance for assessing the actual protection of rights and freedoms, as well as the role of civil society in sustaining legality and public trust in law. The article argues that the stability of the legal order depends less on the proclaimed supremacy of statute than on the primacy of law in the sense of uniform applicability of rules to both individuals and the state, predictability of law enforcement, and effective procedural guarantees of fair adjudication. It highlights proportionate mechanisms of oversight and the accountability of public power to society as necessary conditions for maintaining the rule-of-law state.