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

  • James R. Silkenat
  • James E. Hickey Jr.
  • Peter D. Barenboim

Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 38)

Table of contents

  1. Front Matter
    Pages i-xii
  2. General Perspectives on Rule of Law and the Legal State

  3. Specific Perspectives on the Rule of Law and the Legal State

  4. Back Matter
    Pages 361-367

About this book

Introduction

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. ​

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

Editors and affiliations

  • James R. Silkenat
    • 1
  • James E. Hickey Jr.
    • 2
  • Peter D. Barenboim
    • 3
  1. 1.Sullivan & Worcester LLPNew YorkUSA
  2. 2.Hofstra UniversityHempsteadUSA
  3. 3.Asnis and partnersMoscowRussia

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-05585-5
  • Copyright Information Springer International Publishing Switzerland 2014
  • Publisher Name Springer, Cham
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-319-05584-8
  • Online ISBN 978-3-319-05585-5
  • Series Print ISSN 1534-6781
  • Series Online ISSN 2214-9902
  • Buy this book on publisher's site