Publication Date
7-2001
Journal
Southern California Law Review
Abstract
The rule of law is a foundational principle of constitutional democracy, requiring the state to govern through publicly promulgated laws, separate legislative and adjudicative functions, and ensure accountability for all. While the rule of law is essential for legitimate governance, its meaning and implementation remain contested, varying significantly across legal traditions such as the Anglo-American rule of law, German Rechtsstaat, and French état de droit. The article argues that while the rule of law in its narrow sense—emphasizing legal predictability and procedural fairness—is insufficient for legitimate constitutional democracy, it must also incorporate democratic accountability and substantive rights protection to address its inherent paradoxes and critiques.
Volume
74
Issue
5
First Page
1307
Last Page
1352
Publisher
University of Southern California (USC) Gould School of Law
Disciplines
Comparative and Foreign Law | Law | Legal History | President/Executive Department | Rule of Law
Recommended Citation
Michel Rosenfeld,
The Rule of Law and the Legitimacy of Constitutional Democracy,
74
S. Cal. L. Rev.
1307
(2001).
https://larc.cardozo.yu.edu/faculty-articles/1359
Included in
Comparative and Foreign Law Commons, Legal History Commons, President/Executive Department Commons, Rule of Law Commons
