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The Rule of Law in the Liberal Script: Central Commitments, Variations, and Contestations

In: The Liberal Script at the Beginning of the 21st Century: Conceptions, Components, and Tensions

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  • Kumm, Mattias

Abstract

The commitment to the rule of law as an ideal is central to the liberal script, yet its meaning remains contested. Those contestations relate both to the distinctive point of the ideal and the more concrete features it requires. The point of the ideal, this chapter argues, is not only to highlight the virtues of laws formalities, but to articulate the conditions that must be met in order for law to actually have the authority it claims to have. What those conditions are is also disputed. It is possible to distinguish between classical and neoliberal interpretations, republican interpretations and constitutionalist interpretations of the rule of law, with the last having the strongest arguments on its side.

Suggested Citation

  • Kumm, Mattias, 2024. "The Rule of Law in the Liberal Script: Central Commitments, Variations, and Contestations," EconStor Open Access Book Chapters, in: The Liberal Script at the Beginning of the 21st Century: Conceptions, Components, and Tensions, pages 194-214, ZBW - Leibniz Information Centre for Economics.
    • Handle: RePEc:zbw:eschap:311008
    DOI: 10.1093/oso/9780198924241.003.0010
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    References listed on IDEAS

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    1. Kumm, Mattias, 2017. "Constitutional Courts and Legislatures: Institutional Terms of Engagement," EconStor Open Access Articles and Book Chapters, ZBW - Leibniz Information Centre for Economics, vol. 1(1), pages 55-66.
    2. Tom Hickey, 2022. "Legitimacy—not Justice—and the Case for Judicial Review," Oxford Journal of Legal Studies, Oxford University Press, vol. 42(3), pages 893-917.
    3. Grant, Ruth W. & Keohane, Robert O., 2005. "Accountability and Abuses of Power in World Politics," American Political Science Review, Cambridge University Press, vol. 99(1), pages 29-43, February.
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