Acta Universitatis Danubius. Juridica, Vol 4, No 1 (2008)

Abstract

In this article, there are analyzed the historical circumstances in which is expressed the idea of state law and the contribution of English philosopher, John Locke, in stating that the principles that will be the basis for modern state law, namely: the supremacy of law in relation to all state institutions, the equality before the law, the sovereignty of the people, the state as the servant of the community and the executor of people’s will, the principle of separation of powers in the state. In this analysis it is highlighted the theoretical support of the ideas formulated by Locke - the theory of social contract - and how it is used to support such ideas. We appreciate that the fundamental idea that lays at the basis of the John Locke’s concept on state law is that the state is the only one defending the property of citizens, their freedom and their equality before the law.