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The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
A Rechtsstaat is a constitutional state in which the exercise of governmental power is constrained by the law. [1] It is closely related to " constitutionalism " which is often tied to the Anglo-American concept of the rule of law , but differs from it in also emphasizing what is just (i.e., a concept of moral rightness based on ethics ...
Rechtsstaat is a concept in continental European legal thinking, originally borrowed from German legal philosophy, which can be translated as “legal state” or "state of law", or "state of rights", "constitutional state" in which the exercise of governmental power is constrained by the law.
Kant's most significant contribution to political philosophy and the philosophy of law is the doctrine of Rechtsstaat. According to this doctrine, the power of the state is limited in order to protect citizens from the arbitrary exercise of authority. The Rechtsstaat is a concept in continental European legal thinking, originally borrowed from ...
Already in 1913, Kelsen had identified the need for a legal theoretic framework to support the idea of the Rechtsstaat. [5]Adolf Julius Merkl [de; pt] was a student of Kelsen's who made important contributions starting in 1918 in the area of hierarchy of norms that would help underpin some of Kelsen's ideas on norms and how they fit into his pure theory of law.
In the period of the eighteenth century, usually called the Enlightenment, a new justification of the European state developed.Jean-Jacques Rousseau's social contract theory states that governments draw their power from the governed, its 'sovereign' people (usually a certain ethnic group, and the state's limits are legitimated theoretically as that people's lands, although that is often not ...
When George Washington asked Alexander Hamilton to defend the constitutionality of the First Bank of the United States against the protests [1] of Thomas Jefferson, James Madison, and Attorney General Edmund Randolph, Hamilton produced what has now become the doctrine of implied powers. [2]
The Rule in Shelley's Case is a rule of law that may apply to certain future interests in real property and trusts created in common law jurisdictions. [1]: 181 It was applied as early as 1366 in The Provost of Beverly's Case [1]: 182 [2] but in its present form is derived from Shelley's Case (1581), [3] in which counsel stated the rule as follows: