The Gregorian Revolution introduced the rule of law in the West and created necessary (but not sufficient) conditions for growth to take off. This paper analyzes some of the consequences provoked by the evolution in the notion of the rule of law – from being based upon God-given natural law to relying on popular sovereignty. It concludes that the importance of the rule of law, of the differences in legal systems and of constitutions is probably overstated. It suggests that the successor to the medieval notion of the rule of law is in fact a mix of procedural political correctness, social preferences and efficiency. As a result, the main player becomes the judiciary, whose behavioural patterns should become the object of further analysis.

It was the rule of law. Will it be the rule of judges?

COLOMBATTO, Enrico
2007-01-01

Abstract

The Gregorian Revolution introduced the rule of law in the West and created necessary (but not sufficient) conditions for growth to take off. This paper analyzes some of the consequences provoked by the evolution in the notion of the rule of law – from being based upon God-given natural law to relying on popular sovereignty. It concludes that the importance of the rule of law, of the differences in legal systems and of constitutions is probably overstated. It suggests that the successor to the medieval notion of the rule of law is in fact a mix of procedural political correctness, social preferences and efficiency. As a result, the main player becomes the judiciary, whose behavioural patterns should become the object of further analysis.
2007
58
1163
1180
http://www.cairn.info/article.php?ID_REVUE=RECO&ID_NUMPUBLIE=RECO_586&ID_ARTICLE=RECO_586_1163
E. COLOMBATTO
File in questo prodotto:
File Dimensione Formato  
colombatto.pdf

Accesso riservato

Tipo di file: POSTPRINT (VERSIONE FINALE DELL’AUTORE)
Dimensione 153.66 kB
Formato Adobe PDF
153.66 kB Adobe PDF   Visualizza/Apri   Richiedi una copia

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2318/27589
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 4
  • ???jsp.display-item.citation.isi??? ND
social impact