ID: |
TARP-180 |
Title: |
A VIEW FROM THE FIELD: SOME OBSERVATIONS ON THE EFFECT OF INTERNATIONAL COMMERCIAL LAW REFORM EFFORTS ON THE RULE OF LAW |
Source: |
Global Legal Studies Journal Vol. 6, page 497 |
Parties: |
|
Dispute Resolution Organ: |
|
Year: |
1999 |
Pages: |
0 |
Author(s): |
Bruce A. Markell |
Keywords: |
international law, legal reform, rule of law, transparency, legal culture, international commercial law |
Abstract: |
What effect does the commercial law reform and globalization has on the rule of Law? The concept of the rule of law means that governmental actions and decisions should proceed in accordance with known or knowable rules and norms. Legal norms constrain those in power. A decision has legitimacy only if justified by some authorizing text or norm. The rule of law in the sense of a written text prescribing certain actions and proscribing others and thereby limiting the discretion of those in power by reference to rules and guidelines. There can be a divergence between law and practice or the norm may have within it a retained discretion for governmental officials because lawmakers cannot anticipate all contingencies. This discretion can swallow the rule when not used to further the public good but rather the private profit. The rule of law has also a cultural component by way of cultural underpinnings, assumptions and implications. |
Secured: |
False |
Download Article: |
Available here |
Keywords: international commercial law, international law, legal culture, legal reform, rule of law, transparency