The Rule of Law and the Importance of Procedure

  title={The Rule of Law and the Importance of Procedure},
  author={Jeremy Waldron},
Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law… 


Abstract This paper explores the effect that conformity to the rule of law has on the ends which might legitimately be pursued within a legal system. The neat distinction between formal and

The rule of law: beyond contestedness

In assessing compliance with the Rule of Law, the contested nature of the concept renders the use of a single theorist’s conception or, alternatively, the adoption of a hybrid conception open to

Why Judicial Formalism is Incompatible with the Rule of Law

Judicial formalism is perceived as fully compliant with the requirements of the rule of law. With its reliance on plain meaning and its reluctance to apply historical, purposive and functional

Global Standards of Constitutional Law: Epistemology and Methodology

Just as it led the philosophy of science to gravitate around scientific practice, the abandonment of all foundationalist aspirations has already begun making political philosophy into an attentive

The Procedural Aspect of the Rule of Law: India as a Case Study for Distinguishing Concept from Conception

In this thesis, the concept of the procedural aspect of the Rule of Law will be distinguished from what I argue are conceptions that are falsely promulgated as concept. The different aspects of the

The Dawn of Article 18 ECHR – A Safeguard Against European Rule of Law Backsliding?

  • F. Tan
  • Law
    The Law Behind Rule of Law Transfers
  • 2019
This article examines an underexplored avenue for the protection of the rule of law in Europe: Article 18 of the European Convention on Human Rights. This provision prohibits States from restricting

Engineering the Rule of Law in Ancient Athens

Scholars typically regard the rule of law—a stable and predictable process by which laws are implemented, enforced, and changed—as a cornerstone of good governance and a key factor supporting

Rule of Law (and Rechtsstaat)

In all its many versions, the rule of law has to do with the relationship between law and the exercise of power, particularly public power. As an ideal, it signals that law can and does well to

Precedent and the Rule of Law

The article aims to explain the practice of following precedent in law and to offer criteria for evaluating its value and to identify two modes of precedential reasoning that are compatible with this ideal and one which is not.

That Signifier of Desire, the Rule of Law

  • Nick Cheesman
  • Law, Political Science
    Social Research: An International Quarterly
  • 2015
Calls for the rule of law sometimes signify desire for substantive political and legal equality, and sometimes are used to justify technical interventions, especially to reform courts and police.



The Rule of International Law

I. This Article will focus on how one should think about the rule of law in the international arena. Asking about the rule of law in the international arena is not just asking whether there is such a

Legislation and the Rule of Law

Abstract This article considers the hostility to legislation—particularly social and economic legislation, legislation that restricts the use of property or interferes with or restructures market

Formal and Substantive Conceptions of the Rule of Law: An Analytical Framework

*P.L. 467 There is a voluminous literature on the rule of law which examines the concept from almost every conceivable perspective. The analysis which follows makes no pretence at being a complete

Rhetoric and the Rule of Law: A Theory of Legal Reasoning

1. Prologue: Institutional Theory and the Lawmaker's Perspective 2. The Rule of Law and the Arguable Character of Law 3. On the Legal Syllogism 4. Defending Deductivism 5. Universals and Particulars

Democracy and the Rule of Law

Our profession is a remarkable pursuit, rich with men and women like you, yearning to promote justice. It is an honorable profession, and the rule of law it professes is the bedrock of Democracy. We

Using Legal Process to Fight Terrorism: Detentions, Military Commissions, International Tribunals, and the Rule of Law

Following the 9/11 terrorist attacks, those arguing that international law cannot serve as an effective tool in the fight against terrorism have grown. The ranks of international relations realists,


Professor Hayek has now developed more fully a system of political and social thought dedicated to liberty and based on the thesis that only through liberty can the spirit of civilization survive.

Guantanamo Bay, a legal "black hole"?

Guantanamo Bay has been in the centre of medias attention for a while, especially since the United States in the year 2002 began placing taliban and al-Qaida detainees there. Much of the attention

Out of It

The food frequency questionnaire (FFQ) has many advantages over other methods of dietary assessment in epidemiological studies of groups of individuals. Here we compare the nutrient intake scores