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Relocating the Rule of Law

Edited by Gianluigi Palombella and Neil Walker

Hart Publishing, 2009


Relocating the Rule of Law|In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive.

Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept.

These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international. 





Table of Contents

Part 1: The Rule of Law: An Elusive Concept?

1.  A Concise Guide to the Rule of Law
(Brian Z. Tamanaha)

2. The Rule of Law and its Core
(Gianluigi Palombella)

Part 2: The State of the Rule of Law State


3.  The Rule of Law: Legality, Teleology, Sociology
(Martin Krygier)

4. The Rule of Law in Post-Communist Constitutional Jurisprudence: Concerned Notes on a Fancy Decoration
(Renata Uitz)

5. Law’s Golden Rule
(David Beatty)

Part 3: The Wider Frontiers of the Rule of Law: European and Global Perspectives


6.  The Rule of Law and the EU: Necessity’s Mixed Virtue
(Neil Walker)

7. Can a Post-colonial Power Export the Rule of Law? Elements of a General Framework
(Rachel Kleinfeld and Kalypso Nicolaïdis)

8. Has the ‘Rule of Law’ become a ‘Rule of Lawyers’? An Inquiry into the Use and Abuse of an Ancient Topos in Contemporary Debates
(Friedrich Kratochwil)

9. The Rule of Law in International Law Today
(Stéphane Beaulac)


Page last updated on 06 September 2019

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