The Concept of a Global Rule of Law

Authors
Publication date 2013
Journal Transnational Legal Theory
Volume | Issue number 4 | 2
Pages (from-to) 167-196
Number of pages 30
Organisations
  • Faculty of Law (FdR)
Abstract
The starting point of this paper is the proposition that national law, international law and other forms of supranational and transnational regulation can be distinguished analytically, but can no longer be regarded as separated spheres. Together they form a network of authoritative rules, institutions and procedures that can be characterised as a global institutional network of authoritative systems. The aim of this paper is to inquire how the requirements of the Rule of Law can be implemented in this global institutional network. It is claimed that the proper point of view for answering this question is that of a specific society. From this perspective the question is whether the set of rules, institutions and procedures that claim authority over this society in conjunction meet the requirements of the Rule of Law. If they do, this authoritative system constitutes the legal system of that society.
Document type Article
Language English
Published at https://doi.org/10.5235/20414005.4.2.167
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