Getting to the Rule of Law : : NOMOS L / / James E. Fleming.

• Superior document: Title is part of eBook package: De Gruyter New York University Press Backlist eBook-Package 2000-2013
• VerfasserIn: Fleming, James E.,
• MitwirkendeR: Barber, Sortirios A.,; Bradley, Curtis A.,; Brettschneider, Corey,; Ginsburg, Tom,; Kleinerman, Benjamin A.,; Kryigier, Martin,; McPherson, Lionel K.,; Miller, Richard W.,; Stromseth, Jane E.,; Walrdon, Jeremy,; West, Robin,
• Place / Publishing House: New York, NY : : New York University Press, , [2011]; ©2011
• Year of Publication: 2011
• Language: English
• Series: NOMOS - American Society for Political and Legal Philosophy ; 31
• Physical Description: 1 online resource

The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.

Table of Contents

Frontmatter -- CONTENTS -- PREFACE -- CONTRIBUTORS -- PART I. GETTING TO THE CONCEPT OF THE RULE OF LAW -- 1. THE RULE OF LAW AND THE IMPORTANCE OF PROCEDURE -- 2. THE LIMITS OF PROCESS -- 3. A SUBSTANTIVE CONCEPTION OF THE RULE OF LAW: NONARBITRARY TREATMENT AND THE LIMITS OF PROCEDURE -- 4. FOUR PUZZLES ABOUT THE RULE OF LAW: WHY, WHAT, WHERE? AND WHO CARES? -- PART II. MAINTAINING OR RESTORING THE RULE OF LAW AFTER SEPTEMBER 11, 2001 -- 5. SEPARATION OF POWERS AND THE NATIONAL SECURITY STATE -- 6. JUDICIAL OVERSIGHT, JUSTICE, AND EXECUTIVE DISCRETION BOUNDED BY LAW -- 7. THE INSTABILITY OF “EXECUTIVE DISCRETION” -- 8 .CONSTITUTIONAL THEORY, THE UNITARY EXECUTIVE, AND THE RULE OF LAW -- PART III. BUILDING THE RULE OF LAW AFTER MILITARY INTERVENTIONS -- 9. JUSTICE ON THE GROUND? INTERNATIONAL CRIMINAL COURTS AND DOMESTIC RULE OF LAW BUILDING IN CONFLICT-AFFECTED SOCIETIES -- 10. IN DEFENSE OF IMPERIALISM? THE RULE OF LAW AND THE STATE-BUILDING PROJECT -- 12. MIGHT STILL DISTORTS RIGHT: PERILS OF THE RULE OF LAW PROJECT -- INDEX