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

Administrative / Constitutional Law

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

Edited by James R. Silkenat · James E. Hickey Jr. · Peter D. Barenboim
Springer-Verlag June 2014

Specifications

ISBN-13
9783319055848
Publisher
Springer-Verlag
Publication
June 2014
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

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.

Table of Contents

Special Thank You
Acknowledgements
Introduction
James R. Silkenat, James E. Hickey, Jr. and Peter Barenboim
Part One - General Perspectives On Rule Of Law And The Legal State
Chapter 1. What is the Rule of Law and why is it so important
Mortimer Sellers
Chapter 2. On the Foundations of the Rule of Law and the Principle of the Legal State/Rechtsstaat
Dietmar von der Pfordten
Chapter 3. Philosophical Foundations of the Principle of the Legal State (Rechtsstaat) and the Rule of Law
Stephan Kirste
Chapter 4. Rule of Law (and Rechtsstaat)
Martin Krygier
Chapter 5. The Rule of Law and Legal State Doctrines as a Methodology of the Philosophy of Law
Demitriy Dedov
Chapter 6. Applying the Rule of Law to Contexts Beyond the State
Matthias Kotter and Gunnar Folke Schuppert
Chapter 7. The Rule of Law as a Global Norm for Constitutionalism
Francois Venter
Chapter 8. The Ill-fated Union: Constitutional Entrenchment of Rights and the Will Theory from Rousseau to Waldron
Aniceto Masferrer and Anna Taitslin
Chapter 9. The Measure of Law: The Non-instrumental Legal Side from the State to the Global Setting (and from Hamdan to Al Jedda)
Gianluigi Palombella
Chapter 10. Rule of Law, Legal State and Other International Legal Doctrines: Linguistic Aspects of their Convergence and Differentiation
Yuri A. Sharandin and Dmitry V. Kravchenko
Part Two - Specific Perspectives on the Rule of Law and the Legal State
Chapter 11. Freedom, Equality, Legality
T R S Allan
Chapter 12. The Rechtsstaat-Principle in Germany: The Development from the Beginning Until Now
Paul Tiedemann
Chapter 13. The German Rechtsstaat in a Comparative Perspective
Rainer Grote
Chapter 14. The Russian Judicial Doctrine of the Rule of Law: Twenty Years After
--Gadis Gadzhiyev
Chapter 15. The Law is a Causeway: Metaphor and the Rule of Law in Russia
Jeffrey Kahn
Chapter 16. American Constitutional Analysis and a Substantive Understanding of the Rule of Law
Robin Charlow
Chapter 17. Building a Government of Laws: Adams and Jefferson 1776-1779
James Maxeiner
Chapter 18. Rule of Law v. Legal State: Where Have We Come from, Where are We Going To?
Nadia E. Nedzel
Chapter 19. The Rule of Law in the Middle East
Hossein Esmaeili
Chapter20. Waiting for the Rule of Law in Brazil: A Meta-Legal Analysis of the Insufficient Realization of the Rule of Law in Brazil
Augusto Zimmerman
Chapter 21. The Rule of Law and the United Nations
Edric Selous
Giovanni Bassu
Editors
Contributors.
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