Year: 2024
Type: article
Abstract: This text aims to explore the moments of divergence and convergence between the constructions that led to the emergence of the rule of law and the Rechtsstaat. The conceptual evolution of the two terms leads to a reinforcement of the material dimensions, notably through the affirmation of the subordination of public powers (not only) to legality (but also) to juridicity (Rechtsstaatlichkeit). This evolution finds one of its fundamental precipitations in the principle of proportionality – whether as a result of its jurisprudential origin, or due to its dissemination within a global judicial review.
Source: Undecidabilities and Law
Author: Ana Raquel Gonçalves Moniz
Institution: University of Coimbra
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411930090