engleski

Rule of Law and the Ideology of a Judge

The paper starts from several premisses. First, most generally the concept of the rule of law means that every public authority is subject to legal rules. Second, legal rules are largely indeterminate. Third, every judge (hopefully) has some ideology, understood as a sorted out and thought through idea of optimal organisation of a good society. The question the paper raises is the following: Given the indeterminacy of legal rules, is the fact that judges rely on their ideologies when interpreting legal rules acceptable within a society based in the rule of law? This search will, hopefully, yield a positive answer.

rule of law ; ideology

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