The concept of the Rule of Law as set down in the Treaty of the European Union or in certain constitutions of the countries in Europe is closely linked to the issues and concerns that are specific to the second half of the twentieth century. It highlighted the fundamental rights, social rights, democratization of Eastern Europe etc.
This paper revolves around the following questions:
How did this concept evolve to reach its current definition? How has it adapted to the changes of the States since the time of its inception? We will see that the concept of the Rule of Law is a construction, which since its formulation, has been constantly redesigned and enriched, depending on the political, historical, social and intellectual developments.
Tags - Rule of Law,Treaty of the European Union
[...] It is therefore not surprising that Germany, like France, the theory of the rule of law has developed as an argument to limit the omnipotence of parliament, as it follows the subordination of law to the Constitution and leadership of parliamentary action by the standards enshrined in the Constitution. Kelsen then show that the rule of law can not be reduced to a simple hierarchical arrangement of legal standards, without taking into account the content of these standards: the rule of law is not the state of n ' matter what right but a right underpinned by a set of values principles.In fact, we now see that the 20th century, the focus more to give content to this legal order. [...]
[...] Evolution of the concept of rule of law in Europe Introduction The concept of rule of law as contained in the Treaty on European Union or certain constitutions of European countries, is closely linked to issues and concerns of the second half of the twentieth century, highlighting the fundamental rights, social rights, and the democratization of Eastern Europe. How this concept was built to reach the current definition? How has it adapted to changing states since its inception? We shall answer these questions keeping in mind the concept of rule of law, its formulation that has been constantly redesigned, enriched each time, depending on political, historical, social or intellectual developments. [...]
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