How Is the Rule of Law a Limit on Power?

被引:0
作者
McIlroy, David [1 ]
机构
[1] Univ London, SOAS, Thornhaugh St,Russell Sq, London WC1H 0XG, England
关键词
Augustine; Fuller; law in the Character of God; natural law; rule of law; POSITIVISM;
D O I
10.1177/0953946815611112
中图分类号
B9 [宗教];
学科分类号
010107 ;
摘要
A commitment to the rule of law is a commitment to the governance of a society through the use of general or generalisable rules which are binding on both the subjects and the rulers. By giving due notice of the rules and of any changes to them, those who are subject to the law are protected from violence and enabled to act as agents. This is the essential contribution the rule of law makes to important human goods including freedom. Such an understanding of the rule of law illuminates why the law-like character of God and the revelation of God's law make human free will meaningful and a relationship of love between God and human beings possible. A commitment to the rule of law also means that those exercising power have to offer justifications to explain why the rules are binding, which opens up space for debate about whether the rules are just.
引用
收藏
页码:34 / 50
页数:17
相关论文
共 45 条
[1]  
Alexy R., 2002, ARGUMENT INJUSTICE R, P33
[2]  
Alexy R., 1989, Ratio Juris, V2, P167, DOI [10.1111/j.1467-9337.1989.tb00035.x, DOI 10.1111/J.1467-9337.1989.TB00035.X]
[3]  
Andrew Thomas, 2015, CHURCH CHARTER CHRIS, P13
[4]  
[Anonymous], 2004, The Cambridge Law Journal, V63, P65, DOI [10.1017/S0008197304006518, DOI 10.1017/S0008197304006518]
[5]  
[Anonymous], 2003, VECTOR, V232, P15
[6]  
[Anonymous], 1954, C SCHMITT DIALOGUES
[7]  
[Anonymous], 1996, FEET OF CLAY, P106
[8]  
[Anonymous], POLICRATICUS
[9]  
Austin John., 1861, The Province of Jurisprudence Determined, V2nd
[10]  
BINGHAM L., 2007, CAMB LAW J, V66, P67, DOI DOI 10.1017/S0008197307000037