Book contents
- The Cambridge Companion to the Rule of Law
- Cambridge Companions to Law
- The Cambridge Companion to the Rule of Law
- Copyright page
- Contents
- Contributors
- Part I Introduction
- Part II Histories
- Part III Moralities
- Part IV Pathologies
- Part V Trajectories
- 21 (Economic) Development and the Rule of Law
- 22 Democracy and the Rule of Law
- 23 Constitutionalism and the Rule of Law
- 24 Punishment in the Rule of Law
- 25 Populism and the Rule of Law
- 26 An “International Rule of Law Movement”?
- 27 Rule of Law Measurement
- 28 Post-Conflict Rule of Law
- 29 A Global Rule of Law
- Part VI Conclusion
- Bibliography
- Index
23 - Constitutionalism and the Rule of Law
from Part V - Trajectories
Published online by Cambridge University Press: 03 August 2021
- The Cambridge Companion to the Rule of Law
- Cambridge Companions to Law
- The Cambridge Companion to the Rule of Law
- Copyright page
- Contents
- Contributors
- Part I Introduction
- Part II Histories
- Part III Moralities
- Part IV Pathologies
- Part V Trajectories
- 21 (Economic) Development and the Rule of Law
- 22 Democracy and the Rule of Law
- 23 Constitutionalism and the Rule of Law
- 24 Punishment in the Rule of Law
- 25 Populism and the Rule of Law
- 26 An “International Rule of Law Movement”?
- 27 Rule of Law Measurement
- 28 Post-Conflict Rule of Law
- 29 A Global Rule of Law
- Part VI Conclusion
- Bibliography
- Index
Summary
The concepts of the rule of law and constitutionalism are clearly interrelated, even though they do not mean the same thing or refer to the same phenomena. Although the two ideas are often equated, according to Ten “constitutionalism usually refers to specific constitutional devices and procedures, such as the separation of powers between the legislature, the executive and the judiciary, the independence of the judiciary, due process of fair hearings for those charged with criminal offences, and respect for individual rights, which are partly constitutive of a liberal democratic system of government.” And the rule of law, by contrast, “embodies certain standards which define the characteristic virtues of a legal system as such.
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- Information
- The Cambridge Companion to the Rule of Law , pp. 425 - 442Publisher: Cambridge University PressPrint publication year: 2021