Leading scholars address the interplay between rule of law and democracy, the most relevant ideals for our present civilisation in the legal and political spheres, at the same time making sense of the different ways in which legal requirements, social commitments, and democratic standards are expected to interweave. Through a reappraisal of the theoretical import of the concepts the contributors provide for a fresh set of inquiries, internal and external, ranging from the State, consolidated and transitional democracies, to interstate, European and global scenarios. Re-orienting the diversity in disciplinary approaches, they converge in tackling disputed empirical and normative questions in-context, and suggest further connections between the rule of law’s potential and the transformations of political arenas.
Contributors are Monica Ciobanu, Christian Joerges, Poul Kjaer, Friedrich Kratochwil, Leonardo Morlino, Gianluigi Palombella, and Daniela Piana.
Leonardo Morlino is Professor of Political Science at Istituto Italiano di Scienze Umane, Florence. He published several books and a large number of articles or chapter in book on democratic theory with a special focus on Sout and East Europe.
Gianluigi Palombella (PhD, Scuola Superiore di Pisa) is professor in the Law Faculty of Parma and Inaugural Fellow at the “Straus Institute” of New York University. He has extensively published on fundamental rights, democracy and the rule of law.
Notes on Contributors
Introduction, Leonardo Morlino and Gianluigi Palombella
PART I. RULES OF LAW
1. The Rule of Law as an Institutional Ideal, Gianluigi Palombella 2. The Two 'Rules of Law' between Transition to and Quality of Democracy, Leonardo Morlino 3. Beyond Judicial Independence: Rule of Law and Judicial Accountabilities in the Assessment of Democratic Quality, Daniela Piana
PART II. THE EUROPEAN SETTING
4. The End of the Democratic Transition? Analyzing the Quality of Democracy Model in Post Communism, Monica Ciobanu 5. Constitutionalizing Governing and Governance in Europe, Poul F. Kjaer 6. The Rechtsstaat and Social Europe: How a Classical Tension Resurfaces in the European Integration Process, Christian Joerges
PART III. THE INTERNATIONAL SPHERE
7. How (Il)Liberal is the Liberal Theory of Law? Some Critical Remarks on Slaughter’s Approach, Friedrich Kratochwil
All those interested in legal and socio-legal theory and history, political science, political theory, European Studies, International Relations and International Law.