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Some Realism About Legal Certainty In The Globalization Of The Rule Of Law, James Maxeiner
Some Realism About Legal Certainty In The Globalization Of The Rule Of Law, James Maxeiner
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The rule of law is at the heart of globalization. It promises both international and domestic routes to peace, security, democracy, human rights and sustainable development worldwide. A central tenet of the rule of law is legal certainty. For most modern jurists, it is a matter of course that legal certainty is a systemic goal, even if that goal is not always fully realized. But for American jurists who count themselves legal realists, legal certainty is not even a flawed goal; it is a childish myth. This address seeks to raise awareness of this fundamental difference and to show its …
Policy And Methods: Choices For Legislatures, James Maxeiner
Policy And Methods: Choices For Legislatures, James Maxeiner
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The legal methods through which one adopts and implements policy decisions profoundly affect the compatibility of policy implementation with democratic legitimacy and legal certainty of the rule of law. Indeed, the choice of legal methods can be as important as the formulation of the policy itself. While a good choice of methods will not heal a bad policy, it can help assure that a less-than-perfect choice of policy can be more forcefully realized than otherwise, it can also help improve the policy choices made and help protect democratic legitimacy and the rule of law. While deficiencies in legislation or in …