Magna Carta, the rule of law, and the limits on government

被引：4

作者：

Fernandez-Villaverde, Jesus ^{[1
]}

机构：

[1] Univ Penn, Philadelphia, PA 19104 USA

来源：

INTERNATIONAL REVIEW OF LAW AND ECONOMICS | 2016年 / 47卷

关键词：

Rule of law; Magna Carta; Legal theory; Limited government;

D O I：

10.1016/j.irle.2016.05.006

中图分类号：

F [经济];

学科分类号：

02 ;

摘要：

This paper surveys the legal tradition that links Magna Carta with the modern concepts of the rule of law and the limits on government. It documents that the original understanding of the rule of law included substantive commitments to individual freedom and limited government. Then, it attempts to explain how and why such commitments were lost to a formalist interpretation of the rule of law from 1848 to 1939. The paper concludes by arguing that a revival of the substantive commitments of the rule of law is central to reshaping modern states. (C) 2016 Elsevier Inc. All rights reserved.

引用

页码：22 / 28

页数：7