On the Rule of Law

Tamanaha, B. Z. (2004). On the Rule of Law: History, Politics, Theory. Cambridge University Press.

Type

Book

Intellectual base

Review or monograph

Year

2004

Link

https://doi.org/10.1017/cbo9780511812378matched

Cited from

law_governance, political_science

Cited by

2 citations across 2 artifacts.

Each citation links to the sentence it supports in the citing article.

Primes

• No One Is Above the Rules
  • This dimension emphasizes prospectivity and publicity: rules must be announced in advance so actors can conform behavior, and their application must be visible rather than arbitrary, requirements Tamanaha (2004) traces from classical antiquity through modern formal and substantive theories of the rule of law.

    This sourceComprehensive intellectual history tracing rule-of-law concepts from Aristotle through medieval, early modern, and contemporary thought; distinguishes formal versions (legality, prospectivity, publicity, generality) from substantive versions tied to rights and democracy.

• Rule of Law
  • Tamanaha (2004) traces this conflation through the history of legal theory and emphasizes that what marks rule-of-law systems off from rule-by-law systems is not the presence of rules but the reflexive binding of officials by the rules they administer.

    This sourceComprehensive intellectual history tracing rule-of-law concepts from Aristotle through medieval, early modern, and contemporary thought; distinguishes formal versions (legality, prospectivity, publicity, generality) from substantive versions tied to rights and democracy.

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