Download this Paper Open PDF in Browser

The Rule of Law as the Rule of Persons

The Rule of Law and the Separation of Powers, International Library of Essays in Law and Legal Theory - Second Series, Richard Bellamy, ed., pp. 11-61, Ashgate/Dartmouth, 2005

31 Pages Posted: 21 Mar 2010 Last revised: 15 Sep 2010

Richard Bellamy

University College London - Department of Political Science; European University Institute

Date Written: March 15, 2010

Abstract

This chapter surveys the various accounts of the rule of law and argues that all succumb to the 'Hobbes challenge', whereby the law depends ultimately on the rule of persons. No qualities of law per se can guarantee that the law rather than persons rule. The features that have been standardly associated with the rule of law are but the product of a particular kind of rule by persons - that possessing the characteristics we link to democracy.

Keywords: rule of law, rule of persons, democracy, separation of powers

Suggested Citation

Bellamy, Richard, The Rule of Law as the Rule of Persons (March 15, 2010). The Rule of Law and the Separation of Powers, International Library of Essays in Law and Legal Theory - Second Series, Richard Bellamy, ed., pp. 11-61, Ashgate/Dartmouth, 2005. Available at SSRN: https://ssrn.com/abstract=1571504

Richard Bellamy (Contact Author)

University College London - Department of Political Science ( email )

Gower Street
London
United Kingdom
020 7679 4980 (Phone)
020 7679 4969 (Fax)

HOME PAGE: http://www.ucl.ac.uk/political-science/people/academic/richard-bellamy

European University Institute ( email )

Via dei Roccettini, 9
San Domenico di Fiesole (FI), Tuscany 50014
Italy

HOME PAGE: http://www.eui.eu/ProgrammesAndFellowships/MaxWeberProgramme/People/RichardBellamywebpage.aspx

Paper statistics

Downloads
198
Rank
128,589
Abstract Views
850