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Rechtsstaat on the Research Agenda : Refl ections on Diminished Subtypes 1
| Content Provider | Semantic Scholar |
|---|---|
| Author | Lauth, Hans-Joachim Sehring, Jenniver |
| Copyright Year | 2009 |
| Abstract | Th is article proposes a typology of diminished subtypes of Rechtsstaat. Building on a historical overview of the diff erent constitutional traditions in the United States, Great Britain, and Germany, an ideal type of Rechtsstaat is identifi ed. Th is defi nition provides the foundation for the creation of subtypes, which are structured into two categories. First, four diminished subtypes of Rechtsstaat are defi ned: inconsistent, arbitrary, partly-implemented, and excluded. Second, three diff erent causes for the defi ciencies are identifi ed: lack of capacities (LoC Type), powerful interests supporting alternative rules (PIAR Type), and high acceptance of alternative norm systems (HAAS Type). Th e latter two types of causes, PIAR and HAAS, are largely ignored in legal reform strategies and yet – according to our approach in this article – they are more prevalent empirically than the fi rst type. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://www.politikwissenschaft.uni-wuerzburg.de/fileadmin/06060200/Diverses/Deficient_Rechtsstaat_COSO_2008.doc.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
