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3 - The Rule of Law

Published online by Cambridge University Press:  14 December 2024

Nathalie A. Smuha
Affiliation:
KU Leuven Faculty of Law
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Summary

In this chapter, I first examine how the rule of law has been defined in legal theory, and how it has been distinguished from the rule by law, which is a distortion thereof (Section 3.1). Second, I assess how the rule of law has been conceptualised in the context of the European Union, as this book focuses primarily on the EU legal order (Section 3.2). In this regard, I also draw on the acquis of the Council of Europe. The Council of Europe is a distinct jurisdictional order, yet it heavily influenced the ‘EU’ conceptualisation of the rule of law, and the EU regularly relies on Council of Europe sources in its own legal practices. Finally, I draw on these findings to identify the rule of law’s core principles and to distil the concrete requirements that public authorities must fulfil to comply therewith (Section 3.3). Identifying these requirements – and the inherent challenges to achieve them – will subsequently allow me to build a normative analytical framework that I can use as a benchmark in Chapter 4 to assess how algorithmic regulation impacts the rule of law.

Type
Chapter
Information
Algorithmic Rule By Law
How Algorithmic Regulation in the Public Sector Erodes the Rule of Law
, pp. 95 - 150
Publisher: Cambridge University Press
Print publication year: 2024

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  • The Rule of Law
  • Nathalie A. Smuha, KU Leuven Faculty of Law
  • Book: Algorithmic Rule By Law
  • Online publication: 14 December 2024
  • Chapter DOI: https://doi.org/10.1017/9781009427500.006
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  • The Rule of Law
  • Nathalie A. Smuha, KU Leuven Faculty of Law
  • Book: Algorithmic Rule By Law
  • Online publication: 14 December 2024
  • Chapter DOI: https://doi.org/10.1017/9781009427500.006
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Rule of Law
  • Nathalie A. Smuha, KU Leuven Faculty of Law
  • Book: Algorithmic Rule By Law
  • Online publication: 14 December 2024
  • Chapter DOI: https://doi.org/10.1017/9781009427500.006
Available formats
×