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23 - Constitutionalism and the Rule of Law

from Part V - Trajectories

Published online by Cambridge University Press:  03 August 2021

Jens Meierhenrich
Affiliation:
London School of Economics
Martin Loughlin
Affiliation:
London School of Economics
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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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Publisher: Cambridge University Press
Print publication year: 2021

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