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The rule of law as the grundnorm of the new constitutionalism

Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSNChapter (peer-reviewed)

Published
Publication date15/01/2014
Host publicationNew constitutionalism and world order
EditorsStephen Gill, A. Claire Cutler
Place of PublicationCambridge
PublisherCambridge University Press
Pages63-75
Number of pages13
ISBN (Print)9781107053594
Original languageEnglish

Abstract

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.