The rule of law differs from other concepts, legality or the rule by law; its rationale- here seen as forged by the Medieval English legal culture- requires that law is organized through a duality of sides, implying that the sovereign normative power be limited by ‘another’ law that he cannot override. The conception referred to the familiar remit of the state is projected onto the extra-state setting. The international/global plurality of disordered jurisgenerative sources, approximates the Rule of Law ideal if among themselves arbitrary interferences are prevented. The Rule of Law becomes here the parameter for fairness among different legalities: the law is not to be monopolized by the purview of the most powerful. As in the state domain the duality of sides of law matters, the same idea of law-limiting-law holds for the international Rule of Law to improve and consolidate beyond the state.
Legality, the Rule of law, and the path to inter-legality in the extra-State setting
Gianluigi Palombella
In corso di stampa
Abstract
The rule of law differs from other concepts, legality or the rule by law; its rationale- here seen as forged by the Medieval English legal culture- requires that law is organized through a duality of sides, implying that the sovereign normative power be limited by ‘another’ law that he cannot override. The conception referred to the familiar remit of the state is projected onto the extra-state setting. The international/global plurality of disordered jurisgenerative sources, approximates the Rule of Law ideal if among themselves arbitrary interferences are prevented. The Rule of Law becomes here the parameter for fairness among different legalities: the law is not to be monopolized by the purview of the most powerful. As in the state domain the duality of sides of law matters, the same idea of law-limiting-law holds for the international Rule of Law to improve and consolidate beyond the state.File | Dimensione | Formato | |
---|---|---|---|
Routledge Palombella rule of law.docx
non disponibili
Tipologia:
Documento in Pre-print/Submitted manuscript
Licenza:
Copyright dell'editore
Dimensione
74.13 kB
Formato
Microsoft Word XML
|
74.13 kB | Microsoft Word XML | Visualizza/Apri Richiedi una copia |
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.