Definition and Characteristics of Constitutional State
Many experts have explained about the definition of constitutional state, the followings are the definitions of constitutional state according to some experts:
1. According to Wirjono Prodjodikoro
- All equipment of state, especially equipment of government in the action both to the citizens and the state are interconnected respectively, should not be arbitrary, but must pay attention to the applicable regulations.
- All persons (residents) in public relation should obey to the applicable regulations.
2. According to Aristoteles
It is a state that stands above the law that guarantees justice to the citizens.
3. According to Hugo Krabbe
State should be constitutional state (rechtsstaat) and each state action must be based on law or should be accountable to the law.
4. According to F.R. Bothlingk
A state which the freedom of power holder will is restricted by law.
Characteristics of constitutional state, among others:
1. According to Friedrich Julius Stahl from Continental European legal experts:
a. Human rights
b. Separation or division of powers to ensure human rights that is commonly known as Trias Politica
c. Government based on rules
d. Administration of justice in disputes
2. According to AV Dicey of Anglo-Saxon legal experts:
a. Supremacy of law, it means that there must be no arbitrariness, so one can only be punished if they break the law.
b. Equal footing in the law, both for ordinary people and officials
c. Ensuring human rights in legislation or court decisions
