The Historical Evolution and Philosophical Basis of the Principle of the Rule of Law

Abstract

 The principle of the rule of law is one of the basic legal principles in all legal codes, regardless of the social, political and religious philosophy that governs the legal system of the state. Hence, this study seeks to know the philosophical basis of the principle of the rule of law and trace the evolution of this principle during the different ages. The study used the descriptive analytical method in that. One of the most important findings of the study is that although the concept of the rule of law is flexible, it can be defined as the rule of law in the state; So that the provisions of the law and its rules transcend all the wills of the state (the wills of the rulers and the ruled together). The study also showed that the philosophical basis of the principle of the rule of law consists of two parts, the objective part and the formal part. Moreover, the study showed that the principle of the rule of law is as old as human societies, as it prevailed in Babylonia and Assyria, as it prevailed in ancient Egypt, in Greek society and Roman society, as it prevails in contemporary societies. Therefore, this principle developed over the ages, from antiquity through the Renaissance to the modern era. Moreover, Christianity laid the first nucleus of the principle of state subordination to the law, when it called for freedom of belief and distinguished between the individual as a human being and the individual as a citizen. By that, it removed the individual from the group, and made him independent of it, unlike what was the case in ancient times, which was Dissolve the individual in the group in which he lives.