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

The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat)
ISBN-10
3319055852
ISBN-13
9783319055855
Category
Law
Pages
367
Language
English
Published
2014-05-28
Publisher
Springer
Authors
James R. Silkenat, James E. Hickey Jr., Peter D. Barenboim

Description

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.

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