The Rule of Law and the Separation of Powers / edited by Richard Bellamy, University of Essex, UK.
2016
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Details
Title
The Rule of Law and the Separation of Powers / edited by Richard Bellamy, University of Essex, UK.
Added Author
Edition
First edition.
Imprint
Oxon, England : Routledge, 2016.
Description
1 online resource.
Series
International library of essays in law and legal theory. Second series.
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.
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.
Summary
"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.
Note
First published 2005 by Ashgate Publishing.
Location
www
Available in Other Form
Print version:
Linked Resources
Alternate Title
Taylor & Francis Online
Language
English
ISBN
9781315085302 (e-book : PDF)
9781351540681 (e-book: Mobi)
9780754624639 (hardback)
9781351540681 (e-book: Mobi)
9780754624639 (hardback)
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