Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSN › Chapter (peer-reviewed)
Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSN › Chapter (peer-reviewed)
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TY - CHAP
T1 - The rule of law as the grundnorm of the new constitutionalism
AU - May, Christopher
PY - 2014/1/15
Y1 - 2014/1/15
N2 - 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.
AB - 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.
KW - New Constitutinalism
KW - Rule of law
M3 - Chapter (peer-reviewed)
SN - 9781107053594
SP - 63
EP - 75
BT - New constitutionalism and world order
A2 - Gill, Stephen
A2 - Cutler, A. Claire
PB - Cambridge University Press
CY - Cambridge
ER -