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The Politics of the Rule of Law *
Author(s) -
RAZ JOSEPH
Publication year - 1990
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/j.1467-9337.1990.tb00066.x
Subject(s) - principle of legality , doctrine , law , rule of law , legislature , political science , democracy , politics , legal culture , legal doctrine , power (physics) , law and economics , sociology , physics , quantum mechanics
. The rule of law should be understood as part of the culture of democracy which requires a distribution of power between a periodically elected legislature and executive and an independent, but publicly accountable, judiciary in charge of a more slowly changing legal doctrine. The rule of law is also essential for the protection of individuals in fast changing pluralistic societies. In both its aspects the doctrine is a product of a particular historical culture, and requires a culture of legality, and not merely the introduction of a few legal rules, for its proper functioning.