- Publisher:
- Intersentia
- Online publication date:
- September 2025
- Print publication year:
- 2024
- Online ISBN:
- 9781839705465
- Subjects:
- Law: General Interest, Law
The Revival of the Rule of Law Issue
Book description
The Revival of the Rule of Law Issue brings to light the diversity of approaches to the rule of law in contemporary legal systems on one hand; on the other, it addresses those components that can be recognised as constituting the essence of the concept of 'rule of law'. A comparative analysis diagnoses the most pressing threats and deficits that pose a risk to the proper, effective functioning of a system based on the rule of law, and makes predictions concerning the direction of further development of the principle of rule of law. Broadly speaking, this volume asks whether, in today's world, one can justifiably formulate a thesis about the revival of this principle and, if so, in what sense.
The first and fundamental conclusion of the principle of the rule of law cannot, in accordance with the dominant approach in the contemporary world, be reduced to purely formal adherence to the provisions of positive law. Further significant requirements must also be met, including respect for fundamental rights; the mechanism of the separation of powers (checks and balances); and democratic mechanisms of exercising power. Against the background of the reports, one important conclusion of this volume is the recognition that, in every democratic rule-of-law system, a mechanism for real, effective control that limits the discretion of any one branch of government should exist. Contemporary legal systems in fundamentally democratic countries are not free from significant flaws, weaknesses or deficits in rule of law guarantees.
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