Rechtsstaat
From German law
Constitutional and public lawBasic ideas
What it means
A state in which public power is bound by law, rights are protected by courts, and the administration must act on a legal basis. It is usually translated as 'rule of law', but it carries a slightly different emphasis.
Why it travels badly
The English 'rule of law' stresses equality before the ordinary courts and the absence of arbitrary power. The Rechtsstaat stresses a hierarchy of written norms, legal certainty and constitutional review. Scholars debate how far the two overlap.
How other systems say it
État de droit
Close to the German idea, with a long tradition of administrative courts reviewing the state.
Estado de derecho
Used in the Constitution, which calls Spain a social and democratic state governed by law.
stato di diritto
The same family of ideas, tied to the Constitution and the Constitutional Court.
Tip for translators and students
When quoting a German or Central European text, 'Rechtsstaat' can be kept and glossed as 'state governed by law'. Note that the German version of the EU treaties renders the 'rule of law' as 'Rechtsstaatlichkeit'.
See the Legal Dictionary entry →
Related: Amparo, Droit, Recht, Derecho, Diritto
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
