Absence of the Rule of Law guaranteed by the Political Constitution of Paraguay

Abstract

This article aims to present notions related to the concept of the Rule of Law, its principles,  characteristics, the factors that must be considered, and how its absence affects both established societies  and the nation itself. For the Rule of Law to truly exist, power must be limited and subject to the law;  there must be a separation and balance of its functional expressions, effective judicial oversight of its  exercise, and the recognition and actual or effective enforcement of fundamental rights. A documentary  and bibliographic investigation was carried out, with a qualitative approach, non-experimental design,  and a descriptive scope. Among the results, the need to understand that the Rule of Law is one subject  to the law—whose power and activity are regulated and controlled by legal norms—is emphasized. To  this end, all the principles enshrined in the National Constitution must be guaranteed. Only then can  there be a democratic Rule of Law. The country’s authorities, whether elected directly or indirectly,  have the obligation—just like the rest of the citizens—to comply with this legal framework, which is  the most important legal instrument of a country. It is concluded that the National Constitution contains  key provisions that validate the Rule of Law in Paraguay, such as human freedom, the right to free and  spontaneous development, equal opportunities, support for family development, and the recognition of  workers’ rights, among others.