Handbook on the Rule of Law
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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.
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Chapter 22: The rule of law and human rights

Mona Rishmawi

Abstract

This chapter traces the interrelated conceptual development of human rights and the rule of law. But irrespective of how they are matched, when the rule of law is absent, human rights violations occur. And without human rights, there is no justice – only rule by law. Some core principles connecting both notions are identified, including legality, equality, participation, transparency, and accountability. The mechanisms available to measure the two ideals are also considered.There are implications for rule of law assistance depending on how much human rights is embodied within the rule law framework. Some argue that only rights related to criminal justice and fair trial should be included. Others stress that the full spectrum of civil, cultural, economic, political and social rights should be advanced within the rule of law. In any case, once the rule of law is separated from human rights, injustice is likely to occur.

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