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Social and Behavioral Sciences Commons™
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Full-Text Articles in Social and Behavioral Sciences
Liberal Political Theory And The Rule Of Law, Noel B. Reynolds
Liberal Political Theory And The Rule Of Law, Noel B. Reynolds
Faculty Publications
The efforts of liberal political theorists like John Rawls and Ronald Dworkin to identify principles and rights based on moral truth as authoritative bases for law and politics ignore the insight of Hume and other conservative theorists that the moral possibilities of human nature generally are limited and are in turn limiting on what can be accomplished, from a moral point of view, through law and politics.
Constitutionalism And The Rule Of Law, Noel B. Reynolds
Constitutionalism And The Rule Of Law, Noel B. Reynolds
Faculty Publications
Constitutionalism is the practical science of designing and balancing institutions of public power and authority so as to prevent monopolies of power or the emergence of tyranny. In spite of continuing attempts to ground constitutions in moralistic political theories, they are best understood as formalizations of citizenry agreements to manage their affairs under the rule of law following rules formulated by their legislatures and applied by their judges, all of which are to be selected through established procedures. The emergence of rule of law in primitive societies and in early modern European politics is noted, and the chief contributors to …