The aim of this paper is to consider the relationship between the regulation of state property and the rule of law, and for this purpose the authors analyze the Decision of the Constitutional Court of BiH No. U-4/21 which declared certain provisions of the Law on Forests of Republika Srpska unconstitutional. The paper discusses not only the issues of the relationship between state property and the rule of law, but also the issues of judicial activism and the rule of law. In particular, the authors analyze the extent to which the courts, and in this particular case the Constitutional Court of BiH, in order to protect the rule of law, may interfere in the competences of the legislature. In this context, the authors consider the justification of judicial activism of the Constitutional Court of BiH in case U-4/21, considering whether the Constitutional Court of BiH has the right to protect the principle of the rule of law in such a way. Finally, the authors explain why judicial activism is necessary when it comes to the relationship between constitutional and legislative power and why judicial activism of the BiH Constitutional Court was necessary in the case U-4/21.

The rule of law is one of the key concepts in the 21st century. The idea of the rule of law exists to the extent that there are reflections on the state and law, and a relationship between these two concepts. The aim of this paper is to show in one place the development of the idea of the rule of law through history. In this sense, the authors look at the thoughts of philosophers who have largely determined the direction of development of the idea of the rule of law. Of course, not all philosophers who have contemplated the rule of law are listed in the paper, but it nevertheless attempts to show in chronological order how the rule of law as an idea developed from Plato to its modern theorists.