This chapter delineates the individual elements of the rule of law, including clarity and certainty; stability; the protection of legitimate expectations; the primacy of law over the executive; legal reservation; the freedom-protecting and substantive dimensions of the rule of law; the principle of proportionality from a comparative perspective; effective legal protection; the separation of powers; the rule of law in states of emergency; state liability; and compensation for damages. The chapter concludes with final remarks, alining these elements within the broader context of constitutional law. The chapter ought to be read in context with the preceding chapter: The Concept of the Rule of Law.

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The Individual Elements of the Rule of Law

  • Rainer Arnold

摘要

This chapter delineates the individual elements of the rule of law, including clarity and certainty; stability; the protection of legitimate expectations; the primacy of law over the executive; legal reservation; the freedom-protecting and substantive dimensions of the rule of law; the principle of proportionality from a comparative perspective; effective legal protection; the separation of powers; the rule of law in states of emergency; state liability; and compensation for damages. The chapter concludes with final remarks, alining these elements within the broader context of constitutional law. The chapter ought to be read in context with the preceding chapter: The Concept of the Rule of Law.