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It was the rule of law. Will it be the rule of judges?

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  • Enrico Colombatto

Abstract

The Gregorian revolution introduced the rule of law in the West and created necessary (but not sufficient) conditions for growth to take off. This paper analyzes some of the consequences provoked by the evolution in the notion of the rule of law – from being based upon God-given natural law to relying on popular sovereignty. It concludes that the importance of the rule of law, of the differences in legal systems and of constitutions is probably overstated. It suggests that the successor to the medieval notion of the rule of law is in fact a mix of procedural political correctness, social preferences and efficiency. As a result the main player becomes the judiciary, whose behavioral patterns should become the object of further analysis.

Suggested Citation

  • Enrico Colombatto, 2007. "It was the rule of law. Will it be the rule of judges?," ICER Working Papers 41-2007, ICER - International Centre for Economic Research.
    • Handle: RePEc:icr:wpicer:41-2007
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    File URL: http://www.bemservizi.unito.it/repec/icr/wp2007/ICERwp41-07.pdf
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    Cited by:

    1. Silvestri, Paolo, 2012. "The ideal of good government in Luigi Einaudi's Thought and Life: Between Law and Freedom," MPRA Paper 55351, University Library of Munich, Germany.

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