By Maurice Adams, Anne Meuwese, Ernst Hirsch Ballin
Rule of legislations and constitutionalist beliefs are understood via many, if now not such a lot, as essential to create a simply political order. Defying the conventional department among normative and confident theoretical techniques, this e-book explores how political truth at the one hand, and constitutional beliefs at the different, together tell and impression one another. Seventeen chapters from top overseas students conceal a various diversity of subject matters and case stories to check the speculation that the simplest normative theories, together with these concerning the function of constitutions, constitutionalism and the rule of thumb of legislation, conceive of definitely the right and the true as together regulating.
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Additional resources for Constitutionalism and the Rule of Law: Bridging Idealism and Realism
Lesaﬀer and Musa focus on traditional historical narrations, as well as their subsequent revisions, about the emergence of the rule of law through, mainly, the separation of powers. What becomes clear is that while one cannot refute the signiﬁcance of the traditional narratives completely in the history of constitutional law, one cannot deny either that a more nuanced narrative deserves a place in constitutional history writing as well. They show that key historical cornerstones, such as the Act of Settlement 1701 or the Bill of Rights 1689, did not necessarily establish the fundamental constitutional order that one might often be lead to believe.
Due to the disastrous genocide in 1994, the post-genocide government aimed to overcome the problems that racial hatred had caused in the past. The Constitution, Huls writes, is a pamphlet under the battle cry ‘Never again genocide’. And since divisionism and genocide ideology are seen as the main contributing forces behind the 1994 genocide, they therefore are vigorously oppressed. But the laws based on these principles are heavily criticised because they are so broadly formulated that they also function as vehicles to stiﬂe free speech and political opposition.
For the rule of law can be subverted by things other than law. To the extent that non-governmental organisations are in a position to exercise signiﬁcant power in ways that oﬀend the values of the rule of law, they diminish its sway, whatever the state of legal rules or institutions. Once, but far from always in human history, one might have been conﬁdent that governments were uniquely more powerful than all other forces, and that is why they were rightly the centre of attention for anyone concerned with the values of the rule of law.