'''Rechtsstaat''' is a concept in
continental European legal thinking, originally borrowed from
German jurisprudence, which literally means a "rule of law state" or "'constitutional state'". It is a
state in which the exercise of
governmental power is constrained by the
law, and is often tied to the
Anglo-American concept of the
rule of law.
In a ''Rechtsstaat'', the power of the
state is limited in order to protect
citizens from the arbitrary exercise of
authority. In a ''Rechtsstaat'' the citizens share both legally based
civil liberties and they can use the
courts. A country cannot be a
liberal democracy without being a ''Rechtsstaat''.
The concept of the ''Rechtsstaat'' first appeared in the German context in
Robert von Mohl's book ''Die deutsche Polizeiwissenschaft nach den Grundsätzen des Rechtsstaates'' (1832–1834), and was contrasted with the
aristocratic police state.
German writers usually place
Immanuel Kant's theories at the beginning of their accounts of the movement toward the Rechtsstaat. (From ''
The Constitution of Liberty'' by
Friedrich A. von Hayek)