THE PRINCIPLE OF THE RULE OF LAW IN THEORY AND PRACTICE

Abstract

The paper presents the fundamental and highest ideal of a fair society – the principle of the rule of law and the concept of constitutional rule. It depicts the concept of constitutional law as a system based on the ideas of the rule of law and constitutionalism, defining it as a law-abiding system. The paper attempts to separate the formal from the substantive rule of law and therein the rule of law is regarded as the fundamental value in the legal systems of international organizations such as the United Nations, the European Union and the Council of Europe. The conclusion shows the viewpoints of the Croatian Constitutional Court on the principle of the rule of law in concrete judgements.