Getting to the rule of law
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Bibliographic Information
Getting to the rule of law
（Nomos, 50）
New York University Press, c2011
- : cl
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Includes bibliographical references and index
Description and Table of Contents
Description
The rule of law has been celebrated as "an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an "inner morality of law," or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power "outside the law" justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks?
In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications "on the ground" in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power "outside the law" is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.
Table of Contents
Preface James E. Fleming and Jacob T. LevyContributors PART I. FEDERALISM, POSITIVE BENEFITS, AND NEGATIVE LIBERTIES 1. Defending Dual Federalism: A Self-Defeating Act Sotirios A. Barber 2. Defending Dual Federalism: A Bad Idea, but Not Self-Defeating Michael Blake 3. The Puzzling Persistence of Dual Federalism Ernest A. Young 4. Foot Voting, Federalism, and Political Freedom Ilya SominPART II. CONSTITUTIONS, FEDERALISM, AND SUBSIDIARITY 5. Federalism and Subsidiarity: Perspectives from U.S. Constitutional Law Steven G. Calabresi and Lucy D. Bickford 6. Subsidiarity, the Judicial Role, and the Warren Court's Contribution to the Revival of State GovernmentVicki C. Jackson 7. Competing Conceptions of Subsidiarity Andreas Follesdal 8. Subsidiarity and Robustness: Building the Adaptive Ef?ciency of Federal Systems Jenna BednarPART III. THE ENTRENCHMENT OF LOCAL AND PROVINCIAL AUTONOMY, INTEGRITY, AND PARTICIPATION 9. Cities and Federalism Daniel Weinstock 10. Cities, Subsidiarity, and Federalism Loren King 11. The Constitutional Entrenchment of FederalismJacob T. LevyPART IV. REMAPPING FEDERALISM(S) 12. Federalism(s)' Forms and Norms: Contesting Rights, De-essentializing Jurisdictional Divides, and Temporizing AccommodationsJudith ResnikIndex
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