Abstract
In this paper it is argued that different understandings of the requirements of the Rule of Law can to a large extent be explained by the position taken with regard to two interrelated distinctions. On the one hand, the Rule of Law can be regarded as either a principle of law or as a principle of governance. On the other hand, the requirements of the Rule of Law can be regarded as defining either a minimum standard which something has to meet in order to be law or as an aspirational standard identifying what it means to be good law. In combination these two distinctions define a range of perspectives on the nature of the Rule of Law that are complementary rather than mutually exclusive.
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An earlier version of this paper was presented at a meeting of the Paul Scholten Center and at the Philosophy and Public Affairs colloquium of the Philosophy department of the University of Amsterdam. I thank the participants in these meetings for their very helpful feedback. I further wish to thank Brian Tamanaha for a very inspiring discussion and his written comments on an earlier version of this paper.
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Rijpkema, P. The Rule of Law Beyond Thick and Thin. Law and Philos 32, 793–816 (2013). https://doi.org/10.1007/s10982-012-9170-1
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DOI: https://doi.org/10.1007/s10982-012-9170-1