Political society and the functionality of law: From the historical evolution of society to the role of the Judiciary in postmodernity
DOI:
https://doi.org/10.4013/rechtd.2016.81.07Abstract
One can say that the emergence of society occurs through relationships of agreement between humans, culminating in the existence of political society, which is a more organized form which preceded another better structured form called state. At this point, new organizational ramifications with new ideas are developed, among them two of paramount importance, namely the Rule of Law and the Social State, which served as the basis for structuring the Democratic State of Law. Finally, turning to the legal fi eld, we analyze the function of the Judiciary in that state model through a few examples and critical analyses.
Keywords: political society, social state, rule of law, democratic rule of law, access to justice, judicial activism.
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