
doi: 10.32084/tkp.6223
This article discusses two basic concepts in scientific legal discourse – the concept of democracy and the concept of the rule of law. Obviously, both concepts are inextricably linked to the concept of the state of law (legal state). The necessary condition for the rule of law is the existence of the legal order, but it should be emphasised that one may link the idea of the rule of law to either the theory of the separation of powers or the theory of the sovereignty of the people. The author’s analysis concerns vertical and horizontal relationships between, in particular, the concept if the rule of law and the concept of the state and law. The author also considers the question of the binding force of legal norms. The thesis that the author makes is that, although there is a relationship between these concepts, one should also point out that both democracy without parliamentarianism and parliamentarianism without democracy are possible. Likewise, dictatorship does not essentially contradict democracy, which was emphasised especially by Jean--Jacques Rousseau, just like democracy does not necessarily rule out dictatorship.
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