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
The rule of law and the role of courts
Abstract What role do courts play in advancing or upholding the political ideal that we call ‘the rule of law’? Does the rule of law require that courts should have authority over all other branches
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
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
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 Law as the Measure of Political Legitimacy in the Greek City States
This paper explores how a conception of the rule of law (embodied in a variety of legal and political institutions) came to affirm itself in the world of the ancient Greek city states. It argues that


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