
Contents
-
-
-
-
-
-
-
-
-
-
The Task The Task
-
A Model of Law’s Rule Realized A Model of Law’s Rule Realized
-
Design Framework Design Framework
-
Design Principles Design Principles
-
-
Intragovernmental Arrangements—Horizontal Accountability Intragovernmental Arrangements—Horizontal Accountability
-
Constitutional Norms Constitutional Norms
-
Institutions of the Internal Separation of Powers Institutions of the Internal Separation of Powers
-
-
Civil Society and the Practice of Fidelity—Vertical Accountability Civil Society and the Practice of Fidelity—Vertical Accountability
-
Institutional Support for Fidelity Institutional Support for Fidelity
-
A Complex Scaffolding of Restraint A Complex Scaffolding of Restraint
-
-
Lawyers and Law’s Rule Lawyers and Law’s Rule
-
-
-
-
-
-
-
-
Cite
Abstract
This chapter articulates and illustrates important design principles for the necessary institutional realization of the rule of law. The rule of law makes specific demands on the law itself (formal conditions of legality), on institutions for the application and enforcement of the law (principles of procedural fairness, access to justice), and on institutions that constitute, constrain, and sanction the exercise of ruling power. The latter institutions include separation of powers and a network of mechanisms of horizontal accountability. To realize law’s rule in the modern state, a quasi-fractal separation of powers between and internal to the separated branches is needed. Informal constitutional norms underwrite these formal and informal institutions. They delineate and enforce the autonomy of the agencies while defining modes and limits of accountability. The rule of law also requires extragovernmental organizations and practices rooted in civil society and protected by law. They provide necessary means of vertical accountability. Finally, a robust legal profession that understands and is deeply committed to the rule of law is essential for its realization. Lawyers are conservators of the law and guardians of its integrity. They play a crucial role in tempering ruling power and are essential intermediaries between law, citizens, and the institutions and officials of government.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
November 2022 | 16 |
December 2022 | 7 |
January 2023 | 17 |
February 2023 | 12 |
March 2023 | 20 |
April 2023 | 28 |
May 2023 | 8 |
June 2023 | 13 |
July 2023 | 19 |
August 2023 | 6 |
September 2023 | 20 |
October 2023 | 6 |
November 2023 | 7 |
December 2023 | 15 |
January 2024 | 14 |
February 2024 | 7 |
March 2024 | 30 |
April 2024 | 17 |
May 2024 | 12 |
June 2024 | 8 |
July 2024 | 13 |
August 2024 | 13 |
September 2024 | 18 |
October 2024 | 5 |
November 2024 | 10 |
December 2024 | 11 |
January 2025 | 22 |
February 2025 | 13 |
March 2025 | 9 |
April 2025 | 14 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.