An international rule of law?

被引:111
作者
Chesterman, Simon [1 ,2 ]
机构
[1] NYU, Sch Law, New York, NY 10003 USA
[2] Natl Univ Singapore, Fac Law, Singapore, Singapore
关键词
D O I
10.5131/ajcl.2007.0009
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The rule of law is almost universally supported at the national and international level. The extraordinary support for the rule of law in theory, however, is possible only because of widely divergent views of what it means in practice. Disparate national traditions posed few problems while operating in parallel, but efforts to promote the rule of law through international organizations have necessitated a reassessment of this pluralism. This article proposes a core definition of the rule of law as a political ideal and argues that its applicability to the international level will depend on that ideal being seen as a means rather than an end, as serving a function rather than defining a status. Such a vision of the rule of law more accurately reflects the development of the rule of law in national jurisdictions and appropriately highlights the political work that must be done if power is to be channeled through law.
引用
收藏
页码:331 / 361
页数:31
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