The Rule of Law in the Liberal Script: Central Commitments, Variations, and Contestations

Authors

Mattias Kumm, New York University School of LawFollow

Files

Description

The commitment to the rule of law as an ideal is central to the liberal script, yet its meaning remains contested. Those contestations relate both to the distinctive point of the ideal and the more concrete features it requires. The point of the ideal, this chapter argues, is not only to highlight the virtues of laws formalities, but to articulate the conditions that must be met in order for law to actually have the authority it claims to have. What those conditions are is also disputed. It is possible to distinguish between classical and neoliberal interpretations, republican interpretations and constitutionalist interpretations of the rule of law, with the last having the strongest arguments on its side.

First Page

194

DOI

https://doi.org/10.1093/oso/9780198924241.003.0010

Source Publication

The Liberal Script at the Beginning of the 21st Century: Conceptions, Components, and Tensions

Source Editors/Authors

Tanja A. Börzel, Johannes Gerschewski, Michael Zürn

Publication Date

10-1-2024

Publisher

Oxford University Press

Recommended Citation

Mattias Kumm, The Rule of Law in the Liberal Script: Central Commitments, Variations, and Contestations, The Liberal Script at the Beginning of the 21st Century: Conceptions, Components, and Tensions 194 (2024).
Available at: https://gretchen.law.nyu.edu/fac-chapt/2117