‘Where the laws do not govern, there is no constitution’ – On the relationship between the Rule of Law and constitutionalism

In the paper, the author considers the connection between the idea of the Rule of Law and modern constitutionalism. In order to clarify the nature of this relationship, the author suggests that one should go back to Aristotle and look at the principle of the Rule of Law from the perspective of his ‘Politics’. Section 3.1. contains an abstract reconstruction of the idea of the Rule of Law contained in Aristotle’s ‘Politics’. Section 3.2. discusses the formal understanding of the Rule of Law and indicates its limitations. The next section shows modern constitutionalism as a defined implementation of the concept of the Rule of Law, combining ‘material’ and ‘formal’ elements. In Section 3.4., the author points out that the implementation of both the principles of the Rule of Law and constitutional principles require the realisation of practice as defined by the requirements of civic virtue.