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
Date Written: March 15, 2010
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
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