Luca Sampetrean (University of Manchester – School of Law, Students) has posted The Rule of Law in the International Context on SSRN. Here is the abstract:
Among the ‘hot topics’ of the 21st century, proudly sits the doctrine of the rule of law. A mysterious and vastly debated concept which still baffles even the most highly regarded academics of our times, mainly because the concept of the rule of law has become so far removed from its original meaning so as to create discontent in the souls of individuals.
The international context of the rule of law is met with even more disapproval. The domestic discontent regarding the precise meaning of the principle is magnified ten times and combined with vagueness because of the lack of proper and explicit codification of the principle in the international framework. This article will address those issues which are identified in the universal context of the rule of law through analysing various positions as presented in the international framework.
Moreover, the rule of law will also be examined in light of the democratic principle and whether these two are interlinked so as to form a more absolute form of justice.
By observing the concept of the rule of law using the established international framework, it will be concluded that the rule of law, in its form is not just a mere nameless principle floating in the ether. However, the principle lacks an essential element which arguably determines its validity.