From Ideal to Idol? The Concept of the Rule of Law

Abstract

A totalitarian state is not a good one. A state governed by the rule of law is a good one. It is little likely that anybody would seriously dispute these two short affirmations. But it is not in law (application of law) itself where the difference lies between the constitutional state under the rule of law and the totalitarian state, but the institutional guarantee for the primacy of law as opposed to arbitrary exercise of power. A state under the rule of law, therefore, is inasmuch form (primacy of law as opposed to power) as content (safeguarding liberty as opposed to power). But under certain circumstances, interpretation of the rule of law may lead to arbitrariness. Now the question arises whether this is a mere abstraction, or the arbitrary character is real. This book attempts to answer this question based on the actual paradigm and practice of the principle of the rule of law.