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THE RULE OF LAW AS A MEANS OF PROTECTING FUNDAMENTAL SOCIAL VALUES
Abstract
The foremost role that a legal norm has, is the protection of a social value considered important, at a specific point in the history of a community. Rules of law and even principles of law are not generally considered as immutable, as the factors that determine them are changing over time. Considering the rule of law as being sacred, unchangeable, would definitely be a mistake. At the same time, changing the rules of law too often would create instability, legal uncertainty. Recently in Romania, for example, major legislative changes took place, changes that might pose a threat to some of the values we considered important and to the principle of legality itself. The authority of law is somewhat legitimized through the recognition of social values. The paper aims to also analyze some coordinates of international juridical values, mainly if there are any fundamental juridical values that do not change over time, that maintain their characteristics in different periods of time and in different legal cultures; also if any conflict is possible between national and international law, regarding the protection of social values. We consider that the right to life is such a fundamental value, and with some arguments, even the right to freedom. Human life and human dignity should however be considered axiological juridical values in the state governed by the rule of law.
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