Getting to the Rule of Law : : NOMOS L /

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

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 r...

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Bibliographic Details
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
Online Access:
Physical Description:1 online resource
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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

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