ISBN:
9789400747432
,
1283698013
,
9781283698016
Language:
English
Pages:
Online-Ressource (X, 190 p, digital)
Series Statement:
Ius Gentium: Comparative Perspectives on Law and Justice 18
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T. Law, liberty, and the rule of law
Keywords:
Philosophy (General)
;
Philosophy of law
;
Philosophy
;
Philosophy (General)
;
Philosophy of law
;
Konferenzschrift 2009
;
Konferenzschrift
;
Staatsrecht
;
Rechtsstaatsprinzip
;
Menschenrecht
;
Rechtsstaat
;
Rechtsphilosophie
;
Rechtstheorie
Abstract:
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
Abstract:
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 its 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.
Description / Table of Contents:
Law, Liberty,and the Rule of Law; Acknowledgments; Contents; Chapter 1: Introduction; References; Chapter 2: The Concept of the Rule of Law; 2.1 Introduction: Pervasive Disagreement in Rule of Law Discourse; 2.2 Increasing Consensus Through Conceptual Analysis; 2.3 The Rule of Law: Current and Historical Usage of the Concept; 2.4 External and Internal Conceptual Coherence; 2.5 Conclusion; References; Chapter 3: Plato and the Rule of Law; 3.1 Introduction; 3.2 The Place of Plato in Modern Legal Philosophy; 3.2.1 Metaphysics; 3.2.2 Anachronisms; 3.2.3 Plato and General Jurisprudence
Description / Table of Contents:
3.3 The Rule of Law3.3.1 The Rule of Law as an Existence Condition qua Descriptive Label (1a); 3.3.2 The Rule of Law as an Existence Condition qua Justi fi cation (1b); 3.3.3 The Rule of Law as a Practical Constraint on a Legal System (2); 3.3.4 The Rule of Law as a Procedural Principle or Set of Procedural Principles (3); 3.3.5 The Rule of Law as an Object-Level Practice of Enforcing and Justifying the Law (4); 3.4 A Final Topic for Discussion: Education; References
Description / Table of Contents:
Chapter 4: Kantian Re-construction of Intersubjectivity Forms: The Logic of the Transition from Natural State to the Threshold of the Civic State4.1 Introduction; 4.2 A Priori Versus Empirical Knowledge of the Forms of Intersubjectivity; 4.3 Intersubjectivity Viewed in Terms of "State" and "Polity"; 4.4 Law and Freedom as the Fundamental Categories of Determining Intersubjectivity; 4.5 The Basic Forms of Intersubjectivity in Natural State; 4.5.1 Fundamental Freedom and Its Rational "Adjustment"; 4.5.2 Acquisition and Its Principle - The Need for a Transition to Legal Status
Description / Table of Contents:
4.5.3 Peculiar Duality of Legal State4.5.4 Departing from the State of Private Law and Arriving at the State of Public Law (Explanation of Peculiarities); 4.6 The Basic Forms of Intersubjectivity in Civic State; 4.7 Conclusion; References; Chapter 5: Radbruch's Formula, Conceptual Analysis, and the Rule of Law; 5.1 Introduction; 5.2 Radbruch's Formula(s); 5.3 The Formula and the Rule of Law; 5.4 The Formula and Conceptual Analysis; 5.5 Conclusion; References; Chapter 6: Law, Liberty and the Rule of Law (in a Constitutional Democracy); 6.1 Introduction; 6.2 "Rule" + "Law" ≠ "Rule of Law"
Description / Table of Contents:
6.3 Rule of Law6.4 Principles of the Rule of Law; 6.5 Constitutional Rule of Law; 6.6 Constitutional Democracy and the Rule of Law; 6.7 Conclusion; References; Chapter 7: The Rule of Law: Is the Line Between the Formal and the Moral Blurred?; 7.1 Introduction; 7.2 The Rule of Law on the Borderline; 7.3 The Moral Non-neutrality of the Rule of Law; 7.4 Conclusion; References; Chapter 8: Political Deliberation and Constitutional Review; 8.1 Introduction; 8.2 Constitutional Courts as "Custodians" of Public Deliberation; 8.3 Constitutional Courts as "Public Reasoners" and "Interlocutors"
Description / Table of Contents:
8.4 Constitutional Courts as "Deliberators"
Note:
Description based upon print version of record
DOI:
10.1007/978-94-007-4743-2
URL:
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