Law and Revolution. The Formation of the Western Legal Tradition [Review of: H.J. Berman (1998) Boekbespreking]

Acknowledgements What you need to do for every question in Land Law Guided tour Guided tour of the companion website Table of cases and statutes Chapter 1: Sources of the Constitution Chapter 2: Parliament and Parliamentary Supremacy Chapter 3: Prerogative Powers and Constitutional Conventions Chapter 4: Judicial Review Chapter 5: The European Convention on Human Rights and the Human Rights Act 1998 Chapter 6: Freedom of Association and Assembly Chapter 7: Freedom of Expression, Freedom of Information Chapter 8: Police Powers Chapter 9: Counter- Terrorism Measures. Bibliography Index

Constitutional and administrative law

This chapter analyses the ideal of the rule of law in the spirit of Hayek's quoted statement of it and to show why some of the conclusions which he drew from it cannot be thus supported. The rule of law is a political ideal which a legal system may lack or may possess to a greater or lesser degree. The ideal of the rule of law in this sense is often expressed by the phrase "government by law and not by men". Many of the principles which can be derived from the basic idea of the rule of law depend for their validity or importance on the particular circumstances of different societies. Conformity to the rule of law is a virtue but only one of the many virtues a legal system should possess. This makes it all the more important to be clear on the values which the rule of law does serve.

The Rule of Law and Its Virtue

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Ustavne promjene i dileme konstitucionalizma

The paper analyzes the relation between the principle of “rule of law” and the concept of constitutionalism. In this context, the paper elaborates the concept of rule of law and its varieties of definitions. The author emphasizes that although there are different approaches in defining the concept of constitutionalism, they all include the principle of rule of law. The paper also brings up the issue of some legal aspects of the principal of rule of law – hierarchy of acts in the legal system (Kelzen-Merkl Stuffentheorie), and the limits and boundaries of the powers of the norm makers, in the process of materialization of the law. The paper analyzes the problem of (pan)iuridisation and polyferation as deviation / hybridization of the legal system in practice.

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Legal Aspects of the Principal of ,,Rule of Law” as an Element of Constitutionalism

The demand for rationalization of the work of parliaments and their greater efficiency leads to an increased activity of their working bodies. In the modern world, the task and the role of the working bodies of parliament (committees and commissions) in the legislative procedure is very important. As part of the structure of the modern parliaments, the working bodies are competent to carry out procedures that precede the enactment of the submitted legislative proposal (bill). The work of the working bodies (committees and commissions) in the legislative procedure covers the review of the proposed law and its amendments from the aspect of their purposefulness and from the aspect of fulfilling the formal requirements that the bill should fulfil, giving opinions and suggestions about the proposed solutions in the legislative proposal, and submission of amendments in order to improve the legal text. This paper will elaborate on the position and role of the working bodies in the legislative process in the USA, the United Kingdom and Switzerland. A special review will be given to the types of working bodies involved in the legislative process in the parliaments of the aforementioned countries, their manner of work and their influence in the improvement of the bill.

Jelena Trajkovska-Hristovska

Papers

Legal Aspects of the Principal of ,,Rule of Law” as an Element of Constitutionalism

The Role of Working Bodies of Parliaments in Legislative Procedures