The work in question intends to point out that the meaning and importance of social and legal state, to theoretically scientific terms, arises as a necessity from the relevance of its social political life in all democratic states, especially as an issue for post-communist countries that still are in the transition process. It is well known that the functio-ning of the legal state with all its attributes, is a key component in the consolidation of the modern democratic state, which should be guided by the principle of rule of law that applies to everyone equally. At the same time, this work attempts to address the key elements of contemporary democratic states, which are interdependent and very important for a functional state that is dedicated to the realization of a society in which the human rights and freedoms will be the first plan on their agenda, both in terms of natural law and in terms of legal positivism as well. This work aims to promote the importance of the democratic rule of law in its contemporary context as a legal and sociological category, which provides the optimal framework for human freedom, their equa-lity in chances of success, the equality in front of the state authorities and the law, but also the state limitation in prevention and in inability of abuse and arbitrariness. Rule of law, must depart and rely on basic human principles of all social values such as law, justice, morality and principles of democracy. The intention of the work lies precisely in proving that without functioning of the legal state we can not be able to build the modern state that is based on a consolidated democracy.