The rule of law and the importance of procedure

Getting to the Rule of Law: NOMOS L

Volumn , Issue , 2011, Pages 3-31

  Waldron, Jeremy ^a,b  

^a NEW YORK UNIVERSITY   (United States)

^b UNIVERSITY OF OXFORD   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84867167576     PISSN: None     EISSN: None     Source Type: Book    
DOI: None     Document Type: Chapter

References (61)

1. John Locke, Two Treatises of Government (Cambridge: Cambridge University Press, 1988), 274 (II: section 11)
2. F. A. Hayek, The Constitution of Liberty (Chicago: University of Chicago Press, 1960), esp. chs. 9-10.
3. Lon L. Fuller, The Morality of Law (New Haven: Yale University Press, 1969), 162.
4. Jeremy Waldron, "The Rule of Law in Contemporary Liberal Theory," Ratio Juris 2 (1989): 79
5. Paul Craig, "Formal and Substantive Conceptions of the Rule of Law: An Analytical Framework," Public Law (1997): 467
6. Jeremy Waldron, "Legislation and the Rule of Law," Legisprudence 1 (2007): 91, 115
7. Laura Dickinson, "Using Legal Process to Fight Terrorism: Detentions, Military Commissions, International Tribunals, and the Rule of Law," Southern California Law Review 75 (2002): 1407
8. John Finnis, Natural Law and Natural Rights (Oxford: Clarendon Press, 1980), 270
9. John Rawls, A Theory of Justice (Cambridge, MA: Harvard University Press, 1971), 236-39
10. Joseph Raz, "The Rule of Law and Its Virtue," in his collection The Authority of Law: Essays on Law and Morality (Oxford: Clarendon Press, 1979), 214-19
11. A. Wallace Tashima, "The War on Terror and the Rule of Law," Asian American Law Journal 15 (2008): 245, 264.
12. Paul Jackson, Natural Justice (London: Sweet and Maxwell, 1979)
13. Hayek, Constitution of Liberty, 148-61
14. F. A. Hayek, Rules and Order, vol. 1 of Law, Legislation and Liberty (Chicago: University of Chicago Press, 1973), 94-123.
15. Fuller, Morality of Law, 96-97
16. Brian Tamanaha, On the Rule of Law: History, Politics, Theory (New York: Cambridge University Press, 2004)
17. Lon L. Fuller, "Positivism and Fidelity to Law: A Reply to Hart," Harvard Law Review 71 (1959): 630.
18. Fuller, Morality of Law, 176
19. Jeremy Waldron, "The Appeal of Law: Effi cacy, Freedom, or Fidelity," in Law and Philosophy 13 (1994): 259, 272-75
20. Lon L. Fuller, "The Forms and Limits of Adjudication," Harvard Law Review 92 (1978): 353.
21. Nicola Lacey, "Out of the 'Witches' Cauldron? - Reinterpreting the Context and Re-assessing the Signifi cance of the Hart-Fuller Debate," in The Hart-Fuller Debate in the Twenty-First Century, ed. Peter Cane (Oxford: Hart, 2010), 1.
22. E. P. Thompson, Whigs and Hunters: The Origin of the Black Act (Harmondsworth: Penguin Books, 1977), 265-66.
23. Finnis, Natural Law and Natural Rights, 270
24. Raz, "The Rule of Law and Its Virtue," 216-17
25. Jeremy Waldron, "The Concept and the Rule of Law," Georgia Law Review 43 (2008): 1
26. Martin Shapiro, Courts, A Comparative and Political Analysis (Chicago: University of Chicago Press, 1981), 1-2
27. H. L. A. Hart, The Concept of Law, 2nd ed. (Oxford: Clarendon Press, 1994), 96.
28. Joseph Raz, Practical Reason and Norms, new ed. (Oxford: Oxford University Press, 1999), 134-37.
29. Raz, "The Rule of Law and Its Virtue," 217
30. Nigel Simmonds, Law as a Moral Idea (Oxford: Oxford University Press, 2008)
31. Raz, "The Rule of Law and Its Virtue," 224
32. H.L.A. Hart, "Book Review of Lon L. Fuller, The Morality of Law," Harvard Law Review 78 (1965): 1281, at 1284.
33. Jeremy Waldron, "Positivism and Legality: Hart's Equivocal Response to Fuller," NYU Law Review 83 (2008): 1135, esp. 1154-56.
34. Fuller, "Positivism and Fidelity to Law," 636-37
35. Fuller, Morality of Law, 162
36. Shapiro, Courts, 1-2
37. Fuller, "The Forms and Limits of Adjudication," 366-67
38. Johan Steyn, "Guantanamo Bay: The Legal Black Hole," Twenty-Seventh F. A. Mann Lecture, November 25, 2003, http://www.statewatch.org/news/2003/nov/guantanamo.pdf.
39. Fuller, The Morality of Law, 39 and 81-91
40. Robert Barro, "Democracy and the Rule of Law," in Governing for Prosperity, ed. B. Bueno de Mesquita and H. Root (New Haven: Yale University Press, 2000).
41. R. D. Cooter, "The Rule of State Law versus the Rule of Law State: Economic Analysis of the Legal Foundations of Development," in The Law and Economics of Development, ed. E. Buscaglia, W. Ratliff, and R. Cooter (Greenwich, CT: JAI Press, 1997), 101.
42. Frank Upham, "Mythmaking in the Rule of Law Orthodoxy," http:// www.carnegieendowment.org/fi les/wp30.pdf.
43. Jeremy Waldron, "Transcendental Nonsense and System in the Law," Columbia Law Review 100 (2000): 16, 30-40
44. Ronald Dworkin, particularly in Law's Empire (Cambridge, MA: Harvard University Press, 1986)
45. Ronald Dworkin, Taking Rights Seriously (Cambridge, MA: Harvard University Press, 1977), 184-205
46. Jeremy Waldron, "The Rule of Law as a Theater of Debate," Dworkin and his Critics, ed. Justine Burley (Oxford: Blackwell, 2004), 319.
47. Richard Fallon, "The Rule of Law as a Concept in Constitutional Discourse," Columbia Law Review 97 (1997): 1, 6
48. Hayek, The Constitution of Liberty, 152-57
49. Jeremy Waldron, "Is the Rule of Law an Essentially Contested Concept (in Florida)?" Law and Philosophy 21 (2002): 137
50. T. Carothers, "The Rule of Law Revival," Foreign Affairs 77 (1998): 95
51. Jeffrey Kahn, "The Search for the Rule of Law in Russia," Georgetown Journal of International Law 37 (2006): 353, 359-61
52. James R. Maxeiner, "Legal Indeterminacy Made in America: U.S. Legal Methods and the Rule of Law," Valparaiso University Law Review 41 (2006): 517
53. Antonin Scalia, "The Rule of Law as a Law of Rules," University of Chicago Law Review 56 (1989): 1175
54. Neil MacCormick, Rhetoric and the Rule of Law: A Theory of Legal Reasoning (Oxford: Oxford University Press, 2005), 14-15 and 26-28
55. Alexis de Tocqueville, Democracy in America (New York: Knopf, 1994), 1:280
56. Jeremy Waldron, "The Core of the Case against Judicial Review," Yale Law Journal 115 (2006): 1346
57. Ronald Dworkin, "Political Judges and the Rule of Law," in his collection A Matter of Principle (Cambridge, MA: Harvard University Press, 1985), 9
58. Carl Schmitt, The Crisis of Parliamentary Democracy (Cambridge, MA: MIT Press, 1988)
59. James Crawford, "International Law and the Rule of Law," Adelaide Law Review 24 (2003): 3
60. Mattias Kumm, "International Law in National Courts: The International Rule of Law and the Limits of the Internationalist Model," Virginia Journal of International Law 44 (2003): 19
61. Jeremy Waldron, "The Rule of International Law," Harvard Journal of Law and Public Policy 30 (2006): 15