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Law | The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)

The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)

Silkenat, James R., Hickey Jr., James E., Barenboim, Peter D. (Eds.)

2014, XII, 367 p.

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  • Explores the development of both the civilian conception of the legal state and the common law conception of the rule of law
  • Provides a comparative analysis of the rule of law from the viewpoints of twelve jurisdictions
  • The first work to explore the problem of interrelation of doctrines of the Rule of Law and the Legal State in the philosophy of law
  • Examines the philosophical and historical background of both concepts as well as the problem of the interrelation of the two doctrines

This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions. ​

Content Level » Research

Keywords » American Constitutional Evolution in Rule of Law Terms - Constitutional Entrenchment of Rights - Empire of Laws and not of Men - Government of Laws is a Legal State - Legal Doctrines of the Rule of Law - Legal Service of the European Commission - Legal-State-Doctrine in Germany - Obstacles for the Realisation of the Rule of Law in Brazil - Principle of the Legal State - Reflections on the Rule of Law - Rule of Law and Human Dignity - Rule of Law in the Middle East - Rule of Law v. Legal State - Rule-of-Law “Causeway” in Russia - State to Supranational Order - The European Commission on Human Rights and the Rule of Law - The German "Rechtsstaat" in a Comparative Perspective - The Legal State (Rechtsstaat) - The Measure of Law - “Rule of Law” as a Global Norm for Constitutionalism

Related subjects » Law - Value Theory

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