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Theorists and practitioners of law’s rule would do well not to equate – for analytical as well as practical reasons – the Anglo-American way of law with what Leonard Krieger called “the German idea of freedom.” 2 And yet they have and will – to the detriment, I argue in this chapter, of understanding and prescription. Type.
The German Idea of Freedom. The modern German constitution (known as the Grundgesetz (GG) or Basic Law)1 posits a social order that has striking similarities with the constitution familiar to many in the western world: the United States Constitution.
One of the distinctive features of the idea of an Anglosphere has been a particular view of world order, based on liberal principles of free movement of goods, capital and people, representative government, and the rule of law, which requires a powerful state or coalition of states to uphold and enforce them.
Peter Caldwell's Popular Sovereignty and the Crisis of German Constitutional Law.2 Discussion ranges from the nature and importance of democracy, to the role of parties within the legislature, and on to the nature of legal
In contrast to the Anglo-American idea of the Rule of Law, which regards the law as protecting individual rights and liberties, the German idea of Rechtsstaat, established in the nineteenth century, is unconcerned with the content of the law.
- Noriho Urabe
- 1990
Analyses the distinguishing features of the rule of law and traces its history in the classical liberal tradition of English Thought. Explains how and why legal positivism and analytic jurisprudence are antithetical to the rule of law.
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The Anglo-American Conception of the Rule of Law. Nadia E. Nedzel · Nicholas Capaldi. Palgrave Studies in Classical Liberalism. Series Editors David Hardwick Vancouver, BC, Canada. Leslie Marsh Department of Pathology and Laboratory Medicine, Faculty of Medicine University of British Columbia Vancouver, BC, Canada.
