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Rule of Law

Faculty Scholarship

Series

2014

Rule of law

Articles 1 - 2 of 2

Full-Text Articles in Law

The Rule Of Law As A Law Of Law, Gary S. Lawson, Steven Calabresi Mar 2014

The Rule Of Law As A Law Of Law, Gary S. Lawson, Steven Calabresi

Faculty Scholarship

Justice Scalia is famous for his strong rule orientation, best articulated in his 1989 article, “The Rule of Law as a Law of Rules.” In this Essay, we explore the extent to which that rule orientation is consistent with the Constitution’s original meaning. We conclude that it is far less consistent with the Constitution than is generally recognized. The use of standards rather than rules is prescribed not only by a few provisions in the Bill of Rights and the Fourteenth Amendment but also by key aspects of the 1788 constitutional text. The executive power, the Necessary and Proper power, …


Can The Law Meet The Demands Made On It?, George C. Christie Jan 2014

Can The Law Meet The Demands Made On It?, George C. Christie

Faculty Scholarship

This is my contribution to a festscrift in honor of Professor Don Wallace on his retirement from the Georgetown University School of Law. My essay points out the problems and dangers of the increasing delegation to international and domestic courts, in broad and vague value-laden language, the responsibility of making basic moral and policy decisions for society. It saddles courts with a task that they are not particularly suited to perform and it is certainly not the way a democratic society should function.