International library of essays in law and legal theory. Second series.
"The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law."--Provided by publisher.
First published 2005 by Ashgate Publishing.
Formatted Contents Note
part PART I: DEFINING THE RULE OF LAW chapter 1 ON THE MORAL STATUS OF THE RULE OF LAW chapter 2 RECONSIDERING THE RULE OF LAW chapter 3 THE RULE OF LAW AND ITS VIRTUE * chapter 4 Formal and Substantive Conceptions of the Rule of Law: An Analytical Framework chapter 5 IS THE RULE OF LAW AN ESSENTIALLY CONTESTED CONCEPT (IN FLORIDA)? part PART II: THE RULE OF LAW AND JUDICIAL DISCRETION chapter 6 Freedom and the Rule of Law chapter 7 JUDICIAL DISCRETION chapter 8 THE THIRD THEORY OF LAW chapter 9 INCOMPLETELY THEORIZED AGREEMENTS chapter 10 Stability and Change in Judicial Decision-Making: INCREMENTALISM OR STARE DECISIS? part PART III: THE SEPARATION OF POWERS chapter 11 The Political Form of the Constitution: the Separation of Powers, Rights and Representative Democracy chapter 12 Separation of Powers and Constitutional Government chapter 13 ON SPEAKING SOFTLY AND CARRYING BIG STICKS: NEGLECTED DIMENSIONS OF A REPUBLICATION SEPARATION OF POWERS chapter 14 A REVISIONIST VIEW OF THE SEPARATION OF POWERS chapter 15 Institutionalizing the Public Interest: The Defense of Deadlock and Beyond part PART IV: PARLIAMENTARISM AND FEDERALISM chapter 16 THE NEW SEPARATION OF POWERS chapter 17 Constitutionalism and the Many Faces of Federalism.