The rule of law and the role of courts

Waldron, Jeremy (2021) The rule of law and the role of courts. Global Constitutionalism, 10 (1). pp. 91-105. ISSN 20453825

Abstract

What role do courts play in advancing or upholding the political ideal that we call 'the rule of law'? Does the rule of law require that courts should have authority over all other branches of government, including the legislature? And does it impose constraints on the sort of reasoning and decision-making that courts engage in? This article explores an array of possible answers to these questions, and considers the possibility that the ascendancy of courts in a constitution may represent a form of judicial supremacy that looks remarkably like the uncontrolled rule of men, which the rule of law is supposed to prevent. To preclude that possibility, it is particularly important for courts to recognize that their authority is limited in scope and that they should not be guided by any overall political program other than the program of seeing that constitutional constraints on government are upheld.

Item Type:	Article
Identification Number:	10.1017/S2045381720000283
Uncontrolled Keywords:	Courts,Judicial supremacy,Legality,Rule by law,Rule of law
Depositing User:	Unnamed user with email dini@ub.ac.id
Date Deposited:	10 Jun 2024 02:34
Last Modified:	10 Jun 2024 02:34
URI:	http://repository.ub.ac.id/id/eprint/220601

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