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Rechtsstaat, Rule of Law, l'Etat de droit

Martin Loughlin

in Foundations of Public Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199256853
eISBN:
9780191594267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256853.003.0012
Subject:
Law, Public International Law

This chapter examines the origins of the various articulations of the general expression of the ‘rule of law’ in English, German, and French legal thought. It shows that the role performed by this ... More


Private and Public Autonomy Revisited: Habermas’ Concept of Co-originality in Times of Globalization and the Militant Security State

Rainer Nickel

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0009
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter develops a theoretical perspective in sympathy with the Habermasian idea of the symbiosis of the legal and the political, of (private) rights and (public) democracy, of the Rechtsstaat ... More


The German Rechtsstaat and the French Political State

Mark Hewitson

in National Identity and Political Thought in Germany: Wilhelmine Depictions of the French Third Republic, 1890–1914

Published in print:
2000
Published Online:
October 2011
ISBN:
9780198208587
eISBN:
9780191678073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198208587.003.0002
Subject:
History, European Modern History

This chapter looks at the Dreyfus affair and the questions which it raised for German observers, including the fundamental relationship between law and the state. In many instances, this relationship ... More


The Interest of the State and the Rule of Law

Neil MacCormick

in Questioning Sovereignty: Law, State, and Nation in the European Commonwealth

Published in print:
1999
Published Online:
January 2010
ISBN:
9780198268765
eISBN:
9780191713118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268765.003.0003
Subject:
Law, EU Law

This chapter examines how far any particular state does live up to the rule of law, thereby achieving the character of a law-state. It focuses on a case in the United Kingdom (UK) involving the ... More


Thomas Hobbes: Liberal illiberal: Master-Mind Lecture read 15 October 2014

Noel Malcolm

in British Academy Lectures, 2015-16

Published in print:
2017
Published Online:
September 2017
ISBN:
9780197266045
eISBN:
9780191851452
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266045.003.0006
Subject:
History, Cultural History

Thomas Hobbes (1588–1679) has often been regarded as a very illiberal thinker —a defender of ‘despotism’ and an advocate of the principle that ‘might is right’. While those accusations are false, it ... More


The Constitution: Government and the rule of law

Rachel S. Turner

in Neo-Liberal Ideology: History, Concepts and Policies

Published in print:
2008
Published Online:
March 2012
ISBN:
9780748632688
eISBN:
9780748652792
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632688.003.0007
Subject:
Political Science, Political Theory

This chapter looks at the constitution and the rule of law. It sees the constitution as a fundamental concept for neo-liberalism, one through which the powers of government may be curtailed. The ... More


The Remnants of the Rechtsstaat: An Ethnography of Nazi Law

Jens Meierhenrich

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198814412
eISBN:
9780191851964
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198814412.001.0001
Subject:
Law, Legal History

This book provides an intellectual history of Ernst Fraenkel’s classic The Dual State (1941), one of the most erudite books on the theory of dictatorship ever written. Fraenkel’s was the first ... More


State Law and Administrative Law after the Nazi Seizure of Power

Michael Stolleis

in A History of Public Law in Germany 1914–1945

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199269365
eISBN:
9780191699399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269365.003.0007
Subject:
Law, Constitutional and Administrative Law

The swift measures that followed the torchlight procession in Berlin on 30 January 1933, made it very clear that a continuation of politics under the Weimar Constitution was out of the question. With ... More


The End

Michael Stolleis

in A History of Public Law in Germany 1914–1945

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199269365
eISBN:
9780191699399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269365.003.0010
Subject:
Law, Constitutional and Administrative Law

The outbreak of the Second World War in 1939, led to an enormous push toward discipline and regimentation. On one hand, an administration that functioned according to rules seemed necessary to run ... More


The Rule of Law Concept

Geranne Lautenbach

in The Concept of the Rule of Law and the European Court of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671199
eISBN:
9780191750663
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671199.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

The rule of law is an essentially contested concept. It is defined in many different manners and debate is also necessary to keep it thriving. The differences concern the question which elements are ... More


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