FORMATION AND DEVELOPMENT OF THE RULE OF LAW PRINCIPLE

Abstract

The article examines the formation and development of the rule of law as a fundamental principle of modern legal order and Ukrainian constitutionalism. It explores the philosophical, historical, and legal foundations of this principle, tracing its evolution from ancient concepts of justice and “the law of reason” to its normative consolidation in Article 8 of the Constitution of Ukraine. Based on an analysis of scholarly approaches, the study reveals the transition from the formal legal concept of the “supremacy of the law” to a modern integrative understanding that combines legal certainty, respect for human rights, proportionality, and the moral dimension of law. Particular attention is devoted to the case law of the Constitutional Court of Ukraine and the European Court of Human Rights, which shape contemporary interpretations and practical standards for implementing the rule of law. The article substantiates that the rule of law is not merely a constitutional declaration but a key guideline for law-making and law enforcement, defining the limits of state power, ensuring the priority of human rights, and forming the basis of a democratic, social, and legal state. The study concludes that real implementation of the rule of law in Ukraine requires further legislative modernization, improvement of judicial practice, and strengthening of legal culture.