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Dec 1, 2001 · But if one looks carefully at this new “integrally related” definition, it becomes clear that the third definition, the Marxist one, sublates the other two as the unifying reference point of the others. Thus, the way Brenner accommodates the legal (really military) definition is by arguing that the ability of lords to coerce and exploit ...
- Ricardo Duchesne
- 2001
The law must be clear, and publicly accessible, in order that citizens of the state can easily find out what their rights and obligations are. Related is the idea of legal stability over time. This does not require that the law be unchanging, but means that rapid large-scale alteration of the law, and the uncertainty it can create, should be ...
A legal order constructed on British constitutional lines necessitates a division of institutional competence between legislature, executive, and judiciary. A government which could make laws at its own pleasure, and determine the extent of its own infractions of the laws, would not be a government under the rule of law. 8
Jun 22, 2016 · Those are rules of law, but the Rule of Law is one of the ideals of our political morality and it refers to the ascendancy of law as such and of the institutions of the legal system in a system of governance. The Rule of Law comprises a number of principles of a formal and procedural character, addressing the way in which a community is governed.
Mar 1, 2012 · Abstract. This paper is intended to provide rule of law practitioners with a review of the historical developments that have shaped the concept of the rule of law and summarize competing ...
Dec 16, 2023 · Introduction: Some Conceptual Issues. The term “rule of law” refers to a situation in which rulers and citizens are equally subject to the law and entitled to its protection. Many writers regard the rule of law as an ideal, and formulas such as “government subject to law” and “government bound by law” are sometimes used to describe ...
The concepts of the rule of law and constitutionalism are clearly interrelated, even though they do not mean the same thing or refer to the same phenomena. Although the two ideas are often equated, according to Ten “constitutionalism usually refers to specific constitutional devices and procedures, such as the separation of powers between the ...
