A Critique of Theories of the Modern Democracy and Social Justice in the Legal State in the light of Hayek's Teachings

Since its early deve;opment,legal state has not had a single concept and due to its flexibility, it can be adjusted to almost any legal, cultural or social context. Likewise, in modern time, the constituent elements of the legal state are defined in different ways. Friedrich von Hayek , one of the theorists, has expressed his opinion about the legal state, and one can extract the constituent elements of the legal state from this theorist's works.. He distinguishes between the real law that many be discovered and the orders issued arbitrarily by government officials and defines legal state as a state which has to be bound by real law. Basing his view on individualism of liberalism, he considers democracy as a tool for achieving the goal of freedom, and criticizing arbitrary laws, he embarks on modern democracies and authority of legislative unlimited, and maintains that this problem can be solved by limiting the authority of the state within the law and allocating the duties of the government from within. Emphasizing on the idea of equality before law, he criticizes social justice and relying on freedom and spontaneous social order, which is not necessarily the outcome of premeditated planning and intentions and which is consciously chosen, he proposes the theory of freedom-centered justice, accordingly, and, contrary to the theory of social justice, he regards any government intervention to administer justice disrupts spontaneous natural order and individual freedom.