EThe use of force in violent protests and the rule of law

Abstract

The concept of "rule of law" refers to a fundamental principle of democratic legal systems, where all people, including governments and national security agencies, are subject to the law and must act within the limits established by her, The problems of representativeness and governability, together with the demands for transparency and greater efficiency in management, are at the center of the debate at present, in view of this, strengthening of the institutions is required, not only as overcoming the anomie, but also as a method for building consensus in a pluralistic society, in which institutionality must be guaranteed, in a rule of law. Thus, it can be affirmed that in a rule of law there is no room for discretionary action and that not even the highest officials of a government or political system can act legibus solutus. the law and being subject to it”, including “the creation of law that is itself legally regulated”. 2 It should also be noted that the legal system or the legal state is an aspect of the global social order that, when it works correctly, confers definition, specificity, clarity and, therefore, predictability to human relations. This aspect is directly related to legal certainty, a concept that in turn is related to the idea of certainty or predictability advocated by authors such as Hans KELSEN from legal philosophy or Max WEBER from sociology. Safety is a fundamental value, it is an essential condition for living in one. In this scientific article, the interaction between the rule of law and national security is examined from a scientific perspective. The challenges and tensions that arise when trying to reconcile the need to guarantee the security of a nation with respect for individual rights and due process of law are explored.