Jump to Content Jump to Main Navigation
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Rule of Law

Naiade El-Khoury, Rüdiger Wolfrum

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 November 2024

Subject(s):
Supremacy — Rule of law — Comparative constitutional law — Rights

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 It is beyond dispute that the concept of the rule of law is fundamental for shaping the constitutional structure of modern states. Initially, the concept was designed in response to an unrestricted absolutism (Stephens and Scheb 2). James Madison observed in The Federalist No. 47 that ‘the accumulation of all powers … in the same hands … may be pronounced the very definition of tyranny’. The logical consequence, which James Madison addressed, is that power must be divided, checked, balanced, and limited. Perhaps most importantly, power must be subordinated to...
Users without a subscription are not able to see the full content. Please subscribe, or log in via the Sign in panel on the left of this screen to access all subscribed content.