A PHILOSOPHICAL LOOK AT THE IDEAL OF THE RULE OF LAW

In this article, after having made the conceptual analysis of the rule of law, the components of the concept of rule of law are tried to be explaned in terms of the ideals of different understandings of the rule of law. It is also discussed the nature of principles and rules of the concept of rule of law and analyzed in terms of Hart’s primary rules-secondary rules distinction. The formal (procedural) and substantive conceptions of rule of law, as the general aspects of the rule of law, are examined. Besides, it is tried to examine the formal (procedurel) and substantive concepts of rule of law in terms of main legal theories. On the other hand it is disscussed what kind of the concept of rule of law will serve to the objective which is expected from this ideal. The deficiency and weakness of the formal (procedural) and institutional concepts of the rule of law are emphasized and tried to exhibit that some substantive requirements of rule of law should be added to the formal and institutional conceptions. The institutional requirements, which are generally deemed in the category of formal concept of rule of law, are considered as separate category in the conclusion of this paper. Accordingly in the conclusion of the article it is tried to propose a suggestion about the concept of the rule of law which contains formal, institutional and substantive elements.