EAN: 9783525302583

FACES OF THE RULE OF LAW IN EUROPE

The current discussion on the rule of law  especially in the EU  seems to be developing because
the terms that express the idea of the rule of law in different European languages do not
convey the same content. The rule of law  der Rechtstatt  l'état de droit  to name just three
language versions  were coined in different historical contexts and within different traditions
of political thought. The question then becomes  to what extent is diversity in the
understanding of the rule of law still legitimate today? The answer is sought in the book we
have edited  whose authors are academically recognized individuals representing these different
traditions of legal and political thinking. The publication is divided into three parts. The
first part explains the concept of the rule of law and outlines the development of the idea of
the rule of law. The analyses presented also address the issue of legal positivism seen as a
minimization of the idea of the rule of law. In addition  this part includes articles on the
problem of the rule of law from the perspective of Catholic social thought  as well as a
consideration of the transformation of the legal concept of the rule of law into a kind of
political fetish. Part two is devoted to various European traditions of understanding the rule
of law. In this part of the book  the reader will find articles on approaches to the issue of
the rule of law from the Anglo-Saxon  French  German  and Polish perspectives. The third part
of the book deals with the issue of the rule of law from the perspective of the European Union.
It is about the mechanisms of control of the rule of law in the Member States and the
possibility of applying this concept to the EU.

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