The Rule of Law, International Law and Interlegality: What Heuristic Model (Thin, Thick or 'à la Carte')
24 Revue de la recherche juridique – Cahiers de méthodologie juridique 2171-2184
14 Pages Posted: 10 May 2017
Date Written: 2011
Abstract
The paper proposes an "à la carte" approach to the rule of law, with a view to helping articulate an analytical scheme for domestic courts resorting to international law. Before rule of law heuristic models, groundwork questions need to be briefly addressed: what does the UN mean by the "international rule of law" and what do recent debates on interlegality teach us in terms of the rule of law. Next, the crux of the paper looks at the various formulations of the rule of law, from to thick understandings, and the highlights the difficulties with a spectrum-type of reasoning. The conclusion: that an "à la carte" heuristic model is most appropriate for rationalising interlegality.
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