The rule of law as the grundnorm of the new constitutionalism

May, Christopher (2014) The rule of law as the grundnorm of the new constitutionalism. In: New constitutionalism and world order. Cambridge University Press, Cambridge, pp. 63-75. ISBN 9781107053594

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This chapter seeks to establish the role that the norm of the rule of law plays in the new constitutionalism, by establishing that the commonality of the rhetoric of the rule of law has seen it rise to a level of received wisdom or common sense in global politics. The chapter maps the problems with defining the norm before examining the role of agency in the widened use of and appeal to the rule of law. Without dismissing structural explanations, it concludes that the normativity of the rule of law is (re)produced through professional practice and technical legal assistance.

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02 Sep 2014 12:38
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21 Nov 2022 15:08