Law, Liberty, and the Rule of Law / edited by Imer B. Flores, Kenneth E. Himma.
2013
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Title
Law, Liberty, and the Rule of Law / edited by Imer B. Flores, Kenneth E. Himma.
Added Author
Added Corporate Author
Edition
1st ed. 2013.
Imprint
Dordrecht : Springer Netherlands : Imprint: Springer, 2013.
Description
X, 190 p. online resource.
Series
Ius Gentium: Comparative Perspectives on Law and Justice, 1534-6781 ; 18.
Formatted Contents Note
Acknowledgments
Introduction; Imer B. Flores and Kenneth E. Himma
The Concept of the Rule of Law; Courtney Taylor Hamara
Plato and the Rule of Law; Brian Burge-Hendrix
Kantian Re-construction of Intersubjectivity Forms: The Logic of the Transition from Natural State to the Threshold of the Civic State; Andrzej Maciej Kaniowski
Radbruch's Formula, Conceptual Analysis, and the Rule of Law; Brian H. Bix
Law, Liberty, and the Rule of Law (in a Constitutional Democracy); Imer B. Flores
The Rule of Law: Is the Line between the Formal and the Moral Blurred?; Gülriz Uygur
Political Deliberation and Constitutional Review; Conrado Hübner Mendes
The Rule of Law and Human Rights Judicial Review: Controversies and Alternatives; Tom Campbell
The Rule of Law, Judicial Supremacy, and Legal Positivism; Kenneth Einar Himma
Retroactive Application of Laws and the Rule of Law; Juan Vega Gómez.
Introduction; Imer B. Flores and Kenneth E. Himma
The Concept of the Rule of Law; Courtney Taylor Hamara
Plato and the Rule of Law; Brian Burge-Hendrix
Kantian Re-construction of Intersubjectivity Forms: The Logic of the Transition from Natural State to the Threshold of the Civic State; Andrzej Maciej Kaniowski
Radbruch's Formula, Conceptual Analysis, and the Rule of Law; Brian H. Bix
Law, Liberty, and the Rule of Law (in a Constitutional Democracy); Imer B. Flores
The Rule of Law: Is the Line between the Formal and the Moral Blurred?; Gülriz Uygur
Political Deliberation and Constitutional Review; Conrado Hübner Mendes
The Rule of Law and Human Rights Judicial Review: Controversies and Alternatives; Tom Campbell
The Rule of Law, Judicial Supremacy, and Legal Positivism; Kenneth Einar Himma
Retroactive Application of Laws and the Rule of Law; Juan Vega Gómez.
Summary
In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it's ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.
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SpringerLink electronic monographs.
Language
English
ISBN
9789400747432
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