ПРАВОВАТА ДЪРЖАВА, СПРАВЕДЛИВОСТТА И ПРАВОТО НА АДВОКАТСКА ЗАЩИТА
ac. Радослав Димитров
THE RULE OF LAW, JUSTICE AND THE RIGHT TO COUNSEL
ass. Radoslav Dimitrov
ac. Радослав Димитров
Асистент в катедра „Публичноправни науки“ към Юридическия факултет на ВТУ „Св. св. Кирил и Методий“, e-mail: r.dimitrov@ts.uni-vt.bg.
Assistant at the Faculty of Law of St. Cyril and St. Methodius University of Veliko Tarnovo, Department of Public Law, e-mail: r.dimitrov@ts.uni-vt.bg.
justice, rule of law, right to counsel, social contract, popular sovereignty
Abstract: This article aims to explore the relationship of the right to counsel to the rule of law and specifically to justice as a defining characteristic of that principle. The right to counsel is usually considered in connection with the right to a fair trial. In the same way, the rule of law as a constitutional principle has traditionally been associated with the rights of the individual and their realization and protection, respectively. At the core of the rule of law principle is the idea of the social contract – the idea of cooperation, as well as agreement on the fundamental issues concerning the organization and functioning of the state as a legally organized social community. Coming to an agreement requires dialogue based on rational arguments. Thus, the role of lawyers in defending the subjective rights of citizens by participating in the process of legal argumentation is essential to the functioning of the legal system as a whole.
