Special Report on
The Limits of Legal Order
The Limits of Legal Order - Trends
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makes a series of nuanced points, many of which I appreciate. I am unsure how deep our disagreements actually run, but because some of her language indicates an affinity for views of which I am critical, I will take the opportunity to expose some areas of sharp disagreement – if not actually between myself and Kapur, then surely between myself and others who highly tout the project of international criminal justice. Kapur’s post acknowledges that “trials are inherently flawed as a process to achieve the noble purposes ascribed to the ICJ project.” She nonetheless insists that justice “must surely include, if not focus on, ...
Rule of law is the supreme manifestation of human civilization and culture and is a new ‘lingua franca’ of global moral thought. It is an eternal value of constitutionalism and inherent attribute of democracy and good governance. The term ‘Rule of law’ is derived from the French phrase ‘la principe de legalite’ which means the ‘principal of legality’. It refers to ‘a government based on principles of law and not of men’. In other words, the concept of ‘la Principe de legalite’ is opposed to arbitrary powers. It is a legal principle, of general application, which is sanctioned by ... Read More
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