Search results
Results from the WOW.Com Content Network
The Law, between Justice and State Power, allegory by Dominique Antoine Magaud (1899) Rechtsstaat (German: [ˈʁɛçt͡sˌʃtaːt] ⓘ; lit. "state of law"; "legal state") is a doctrine in continental European legal thinking, originating in German jurisprudence.
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 ...
The English most close analogue is «rule of law». [2] 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.
The concept of état légal was theorized by French jurist Raymond Carré de Malberg in his 1920 book Contribution à la théorie générale de l'État.He distinguished three different forms of states: the police state, in which the power acts freely in an arbitrary way; the "state of rights" (état de droits or Rechtsstaat), where the authority of the law is limited by constitutional rights ...
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.
that “they” should manage our rights, the way we hire a professional to do our taxes; “they” should run the government, create policy, worry about whether democracy is up and running.
Public policy doctrine (conflict of laws) Purposive theory; R. Kent Greenawalt; Radomir Lukić; Rechtsstaat; Restorative justice; Retributive justice; Richard Posner; Robert Alexy; Robert P. George; Roberto Mangabeira Unger; Ronald Dworkin; Rule by decree; Rule of Faith; Rule of law; Scepticism in law; Soft law; Soft tyranny; Sovereignty; State ...
5.1 Higher Law concept is critical for both Rule of law and Rechtsstaat. Not any law will rule but law on the level of higher morality Not any law will rule but law on the level of higher morality 5.2 The very gist of Higher Law concept needs to be correctly understood