目次

Contents: Introduction: the rule of law as the rule of persons. Defining the Rule of Law: On the moral status of the rule of law, Matthew H. Kramer; Reconsidering the rule of law, Margaret Jane Radin; The rule of law and its virtue, Joseph Raz; Formal and substantive conceptions of the rule of law: an analytical framework, Paul Craig; Is the rule of law an essentially contested concept (in Florida)?, Jeremy Waldron. The Rule of Law and Judicial Discretion: Freedom and the rule of law, F.A. Hayek; Judicial discretion, Ronald Dworkin; The 3rd theory of law, J.L. Mackie; Incompletely theorised agreements, Cass R. Sunstein; Stability and change in judicial decision-making: incrementalism or stare decisis?, M. Shapiro. The Separation of Powers: The political form of the constitution: the separation of powers, rights and representative democracy, Richard Bellamy; Separation of powers and constitutional government, Eric M. Barendt; On speaking softly and carrying big sticks: neglected dimensions of a republican separation of powers, John Braithwaite; A revisionist view of the separation of powers, Geoffrey Brennan and Alan Hamlin; Institutionalising the public interest: the defense of deadlock and beyond, Robert E. Goodin. Parliamentarianism and Federalism: The new separation of powers, Bruce Ackerman; Constitutionalism and the many faces of federalism, Koen Lenaerts; Name index.