Overview
- 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
- Includes supplementary material: sn.pub/extras
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 38)
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Table of contents (21 chapters)
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Front Matter
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General Perspectives on Rule of Law and the Legal State
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Front Matter
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Specific Perspectives on the Rule of Law and the Legal State
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Front Matter
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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
About this book
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.
Editors and Affiliations
Bibliographic Information
Book Title: The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)
Editors: James R. Silkenat, James E. Hickey Jr., Peter D. Barenboim
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-3-319-05585-5
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2014
Hardcover ISBN: 978-3-319-05584-8Published: 11 June 2014
Softcover ISBN: 978-3-319-35002-8Published: 03 September 2016
eBook ISBN: 978-3-319-05585-5Published: 28 May 2014
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XII, 367
Topics: Private International Law, International & Foreign Law, Comparative Law, Philosophy of Law