Handbook on the Rule of Law
Show Less

Handbook on the Rule of Law

Edited by Christopher May and Adam Winchester

The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 18: The rule of law, new constitutionalism, and transnational legality

A. Claire Cutler

Abstract

This chapter examines the global rule of law, which is argued to have little in common with the rule of law in domestic societes. The globalization of the rule of law gives rise to distinctively new forms of constitutionalism and legality: new constitutionalism and transnational legality. Both forms break the historic unity of the state and law in significant ways, transforming state-society relations. The transnational rule of law, evident in the operations of the investor-state regime, challenges conventional understandings of the rule of law by turning the concept of the rule of law on its head. Instead of protecting society from excesses of governmental powers, this regime in fact limits the exercise of governmental powers and subordinates societies to the discipline of investment rules that protect foreign investors. The transnational rule of law significantly delinks law and state, advances the interests of transnational corporate elites, often at the expense of the societies in which they are operating. The transnational rule of law thus raises concerns for all who believe that law can and should be a progressive social force in the world.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.