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Vol 21 No 11 Nov/Dec 2016

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Recrafting the Rule of Law

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ISBN13: 9781901362312
ISBN: 1901362310
Published: July 1999
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £82.00



Despatched in 6 to 8 days.

This collection of essays on the rule of law focuses on the traditional question of whether the rule of law is necessarily the rule of moral principles: the question of the legitimacy of law. Essays by lawyers, philosophers and political theorists illuminate and take forward both that question and debate about issues to do with the reach of the rule of law which complicate its answer. The essays are divided into sections which deal, first, with legal orders where the rule of law is under severe stress, second, with the question of the value of the rule of law as a conceptual problem, and, third, with the question of the limits of legal order.

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Subjects:
Jurisprudence
Contents:
Recrafting the rule of law, David Dyzenhaus.
Part 1 Law under stress: a defence of Radbruch's formula, Robert Alexy; the interpretation and invalidity of unjust laws, Julian Rivers; legality without a constitution - South Africa in the 1980s, Richard L. Abel; delivering positivism from evil, Anton Fagan; legal positivism and American slave law - the case of Chief Justice Shaw, Anthony J. Sebok; the rule of law and judicial review - reflections on the Israeli constitutional revolution, Alon Harel.
Part 2 Reconceiving the rule of law: rhetoric and the rule of law, Neil MacCormick; Utopia and the rule of law, Christine Sypnowich; the rule of law revisited - democracy and courts, Allan C. Hutchinson.
Part 3 The limits of legal order: parks, dogs and the rule of law - post-communist reflections, Andras Sajo; globalization and the fate of law, William E. Scheuerman; supranational challenges to the rule of law - the case of the European Union, John P. McCormick; constructing law's mandate, Kenneth Winston; administrative policy-making - rule of law or bureaucracy?, Henry S. Richardson; the real democracy problem in administrative law, Jody Freeman.