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“Ipso facto“                          “Iura novit curia“                           “Ipso iure“


„by the fact itself“                  
„the court knows the right“                        „by the law itself“


Universal Lecture

on the

Principe of Liberal Democracy and its Concept of Right State Law



“A Liberal Democracy – e.g.: such as Israel, Austria, France, Holland, Germany, the United States of America, Canada, UK, SA, Mexico, Switzerland, Turkey, Greece, Sweden etc… pledged to be - is formed and is maintained by - the voluntary union of the whole people joined together under the same body of the Principe of Liberal Democracy and its fundamental Concept of Right State Law for the common welfare and sharing of benefits justly apportioned.”


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Liberal Democratic Right State Law is based upon Ius respicit aequitatem ~ The right of equal protection.

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Democracy and Right State Law are one of a kind.

One does not function without the other.




First we explain:

 The Concept of the Rule of Law:

 Right State Law is a Concept in continental European legal thinking which can be translated as "legal state", "state of law", "state of justice", or "state of rights". It is a "constitutional state" in which the exercise of governmental power is constrained by the Right State-Law and is tied to the Anglo American Rule of Law.

In a Right State, the power of the state is limited in order to protect citizen from the arbitrary exercise of authority.

In a Right State the Citizen share legally based Civil-Liberties and Duties and can use the Courts.


A country cannot be a
Democracy without the Concept of the Rule of Law.


Now we explain:

The Principe of Liberal Democracy:

 

The most important principles of a Liberal Democracy are:

A)     A Liberal Democratic State is based on the supremacy of national constitution; exercises respect of law and guarantees the safety and constitutional right of its citizens.

B)    Civil society is equal partner to the state.

C)  Separations of powers; the executive, legislative and judicial branches of government limiting each other's power and providing for checks and balances.

D)   The judicature and the executive are bound by law (not acting against the law), and the legislature is bound by constitutional principles.

E)    Both the legislature and democracy itself is bound by elementary constitutional rights and principles.

F)     Transparency of state acts and the requirement of providing reasoning for all state acts.

G)   Review of state decisions and state acts by independent organs, including an appeal process.

H)    Hierarchy of laws, requirement of clarity and definiteness.

I)     Reliability of state actions, protection of past dispositions made in good faith against later state actions, prohibition of retroactivity.

J)     Principle of the proportionality of state action.

K)    Monopoly of use of Liberal Democratic Right State Force. [Legitimate use of Force].

In the Sense of Inner Justification of Liberal Democratic Statehood the Principal Value of this Form of Statehood requires to be based upon the Concept of Right State Law or in other words: The Form of Liberal Democratic Statehood can only exists together with the Concept of Rule of Right State Law and Order, which is the fundament of the supremacy of national constitution and in this nature exercises right state law in such that it guarantees the safety and constitutional right of all its citizens. This means that the Principal Value of Liberal Democratic Form of Statehood naturally means that all children of any age and gender are considered as equal-citizen and have the undividable state guaranteed right for Right State Law Protection from any and therefore also from the infliction of preventable circumcision, just as every adult citizen who does not consent to such infliction has the same state guaranteed right of protection.

The Principal Value of Liberal Democratic Form of Statehood has no room for discrimination between any child’s and adult’s state guaranteed right of protection from also infliction of forced circumcision.

The liberal democratic constitution defines the democratic character of the state.
The purpose of a constitution is often seen as a limit on the authority of the government.


Liberal democracy emphasizes the separation of powers, an independent judiciary, and a system of check and balances between branches of government.

LIBERAL DEMOCRACIES emphasize the importance of the state being a RIGHT STATE that follows the CONCEPT OF RULE OF LAW.

Democratic authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with democratic principles and concept of rule of law.

There is agreement amongst several intellectuals and organizations such as Freedom House that the states of the European Union, Norway, Iceland, Switzerland, Japan, Argentina, Brazil, Chile, South Korea, Taiwan, the United States, India, Canada, Israel, Mexico, South Africa, Australia, and New Zealand are liberal democracies, with Canada having the largest land area and India currently having the largest population among the democracies in the world.

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