Topic
Rechtsstaat
About: Rechtsstaat is a research topic. Over the lifetime, 290 publications have been published within this topic receiving 2718 citations.
Papers published on a yearly basis
Papers
1 Jan 2003
TL;DR: Maravall and Przeworski as discussed by the authors discuss the relationship between the rule of law and political power in the Rechtsstaat of the Netherlands, and the question of whether a dictatorship can be defined as a dictatorship.
Abstract: List of contributors Acknowledgments Introduction Jose Maria Maravall and Adam Przeworski Part I: 1. Lineages of the rule of law Stephen Holmes 2. Power, rules, and compliance Ignacio Sanchez-Cuenca 3. Obedience and obligation in the Rechtsstaat Michel Troper 4. A postscript to 'Political foundations of democracy and the rule of law' Barry R. Weingast 5. Why do political parties obey results of elections? Adam Przeworski Part II: 6. The majoritarian reading of the 'rule of law' Roberto Gargarella 7. How can the rule of law rule? Cost imposition through decentralized mechanisms Catalina Smulovitz 8. Dictatorship and the rule of law: rules and military power in Pinochet's Chile Robert Barros Part III: 9. Courts as instruments of horizontal accountability: the case of Latin Europe Carlo Guarnieri 10. Rule of democracy and rule of law John Ferejohn and Pasquale Pasquino 11. The rule of law as a political weapon Jose Maria Maravall 12. The question of the rule of law in Michel de Montaigne's Essais Biancamaria Fontana Author index Subject index.
344 citations
1 Jan 2011
TL;DR: In this paper, the authors define the value of freedom as "the Creative Powers of a Free Civilization" and the common sense of progress as "freedom, reason, and tradition".
Abstract: Introduction Part 1: The Value of Freedom 1. Liberty and Liberties 2. The Creative Powers of a Free Civilization 3. The Common Sense of Progress 4. Freedom, Reason, and Tradition 5. Responsibility and Freedom 6. Equality, Value, and Merit 7. Majority Rule 8. Employment and Independence Part 2: Freedom and the Law 9. Coercion and the State 10. Law, Commands, and Order 11. The Origins of the Rule of Law 12. The American Contribution: Constitutionalism 13. Liberalism and Administration: The Rechtsstaat 14. The Safeguards of Individual Liberty 15. Economic Policy and the Rule of Law 16. The Decline of the Law Part 3: Freedom in the Welfare State 17. The Decline of Socialism and the Rise of the Welfare State 18. Labor Unions and Employment 19. Social Security 20. Taxation and Redistribution 21. The Monetary Framework 22. Housing and Town Planning 23. Agriculture and Natural Resources 24. Education and Research
175 citations
TL;DR: In this article, the authors examine the role of the rule of law in the realization of a legitimate constitutional democracy in a pluralist polity, by analyzing the latter in terms of its evolution in three different traditions, namely that of the German Rechtsstaat, the French Etat de droit and the Anglo-American "rule of law".
Abstract: Adherence to the rule of law is a necessary condition to the realization of a legitimate constitutional democracy in a pluralist polity. The concept of "the rule of law" is, like other key concepts such as "liberty" or "equality," much praised, but its meaning is much contested. Starting from the premise that legitimacy in the context of pluralism requires some form of consensus or its functional equivalent, this article examines the possible role of the rule of law, by analyzing the latter in terms of its evolution in three different traditions, namely that of the German "Rechtsstaat", the French "Etat de droit" and the Anglo-American "rule of law". Drawing on legal/constitutional jurisprudence, legal and political philosophy, and the place of judicial review, the Article deals with certain key issues and paradoxes relating to the rule of law, and concludes that the latter plays an important but insufficient role in legitimating any workable constitutional democracy.
152 citations
1 Jan 2007
TL;DR: In this article, the authors present the sense of evolution of thinking on public administration -from a legal approach characteristic of the Rechtsstaat and further approaches linked with theory of organization, to present ideas of public governance oriented on civil society and public administration stakeholders.
Abstract: The study presents the sense of evolution of thinking on public administration - from a legal approach characteristic of the Rechtsstaat and further approaches linked with theory of organization (though the first of them, Woodrow Wilsons Study of Administration was declared to belong to political science) to present ideas of public governance, oriented on civil society and public administration stakeholders. The subsequent approaches of public administration have not been breaking fully with the previous ones and i their implementations, but they have been a kind of "layers", laid one after another one, and producing the present vision of public administration. (original abstract)
104 citations
TL;DR: In this paper, the normative impact of technologies is investigated and compared with their normative impact on legal norms, arguing that a generic concept of normativity is needed that does not depend on the intention of whoever designed either a law or a technology.
Abstract: Within science technology and society studies the focus has long been on descriptive micro-analyses. Several authors have raised the issue of the normative implications of the findings of research into socio-technical devices and infrastructures, while some claim that material artifacts have moral significance or should even be regarded as moral actors. In this contribution the normative impact of technologies is investigated and compared with the normative impact of legal norms, arguing that a generic concept of normativity is needed that does not depend on the intention of whoever designed either a law or a technology. Furthermore this contribution develops the idea that modern law, which has been mediated by the technologies of the script and the printing press, may need to rearticulate its basic tenets into emerging technologies in order to sustain what has been called the paradox of the 'Rechtsstaat'.
83 citations
Related Topics (5)
Performance Metrics
| Year | Papers |
|---|---|
| 2021 | 5 |
| 2020 | 12 |
| 2019 | 13 |
| 2018 | 10 |
| 2017 | 21 |
| 2016 | 5 |