The Rule of Law at Home and Abroad
The Hague Journal on the Rule of Law, 2016, Forthcoming
21 Pages Posted: 14 May 2016
Date Written: December 12, 2015
Abstract
The article starts from cases raising questions as to the import of the Rule of law in domestic and supra-State legalities. Beyond the insufficiency of some received ideas or more common notions- from those requisites-based to formal, material, or procedural ones-, it restates the theory of the rule of law elsewhere proposed by the author, focusing upon a "dual" structure of legality as an institutional condition for the Rule of Law to pursue its normative ideal. The notion is carefully distinguished from rule compliance, procedural fairness, substantive justice, the principle of legality, and other different achievements of the present legal civilization. It appears to be conducive to the appraisal of several problems related to the Rule of law oversight in diverse current circumstances.
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