The Rule of Law and the Separation of Powers

Abstract

Contents: Introduction: the rule of law as the rule of persons. Defining the Rule of Law: On the moral status of the rule of law, Matthew H. Kramer Reconsidering the rule of law, Margaret Jane Radin The rule of law and its virtue, Joseph Raz Formal and substantive conceptions of the rule of law: an analytical framework, Paul Craig Is the rule of law an essentially contested concept (in Florida)?, Jeremy Waldron. The Rule of Law and Judicial Discretion: Freedom and the rule of law, F.A. Hayek Judicial discretion, Ronald Dworkin The 3rd theory of law, J.L. Mackie Incompletely theorised agreements, Cass R. Sunstein Stability and change in judicial decision-making: incrementalism or stare decisis?, M. Shapiro. The Separation of Powers: The political form of the constitution: the separation of powers, rights and representative democracy, Richard Bellamy Separation of powers and constitutional government, Eric M. Barendt On speaking softly and carrying big sticks: neglected dimensions of a republican separation of powers, John Braithwaite A revisionist view of the separation of powers, Geoffrey Brennan and Alan Hamlin Institutionalising the public interest: the defense of deadlock and beyond, Robert E. Goodin. Parliamentarianism and Federalism: The new separation of powers, Bruce Ackerman Constitutionalism and the many faces of federalism, Koen Lenaerts Name index.