EAN: 9789400747425

LAW LIBERTY AND THE RULE OF LAW GEBUNDEN

In recent years  there has been a substantial increase in concern for the rule of law. Not only
have there been a multitude of articles and books on the essence  nature  scope and limitation
of the law  but citizens  elected officials  law enforcement officers and the judiciary have
all been actively engaged in this debate. Thus  the concept of the rule of law is as
multifaceted and contested as it's ever been  and this book explores the essence of that
concept  including its core principles  its rules  and the necessity of defining  or even
redefining  the basic concept. Law  Liberty  and the Rule of Law offers timely and unique
insights on numerous themes relevant to the rule of law. It discusses in detail the proper
scope and limitations of adjudication and legislation  including the challenges not only of
limiting legislative and executive power via judicial review but also of restraining active
judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in
maintaining a balance of power. It also addresses the relationship not only between the rule of
law  human rights and separation of powers but also the rule of law  constitutionalism and
democracy.

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