The Rule of Law and the Welfare State: The Ways to Overcome Contradictions

Abstract

Since the establishment of the guidelines for the development of the welfare state and the rule of law in Ukraine, doctrinal debates about the content of these concepts have not stopped. Legal theoreticians, constitutionalists, jurists of the sectoral direction investigate various problematic issues related to both – the rule of law and the welfare state. Such studies mainly concern each concept taken separately. The range of scientific research is pretty wide, starting from the attempts to formulate a comprehensive definition up to efforts to provide a universal list of signs (components) of each of the named phenomena. However, many domestic researchers pay attention to the contradictions between the doctrines of the welfare state and the rule of law rather than to their separateness. These contradictions are embedded in their deep essence, and which, in their practical dimension, can hinder the development of both – the welfare state and the rule of law. Nevertheless, the Euro-Atlantic civilization, of which Ukraine sees itself as a part, is constantly moving towards the socialization of states and the development of the rule of law. This process does not take place with the same success in all states. Ukraine belongs to those states that prefer to declare this intention. There are many explanations for this state of affairs, but the author of this article focuses on only one of them, namely the unjustified interference of state institutions in the free development of society based on respect for human rights and the rule of law.The author’s conclusions relate to the ways of overcoming the existing contradictions between the two concepts. First of all, we are talking about human dignity, as the basis of all human rights, including social rights. Other ways are the application of such components of the rule of law as proportionality, limitation of discretionary powers, legal certainty, transparency and accessibility, the right to appeal, etc.