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.
General
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