Nishigai, K. (2022) Two Types of Formalism of the Rule of Law. Oxford Journal of Legal Studies. 42(2), pp. 495-520. 0143-6503.
| Item Type: | Article |
|---|---|
| Abstract: | The aims of this article are twofold: (i) to propose an explanatory framework, focusing on law-making acts, for accounting for whether the formal requirements of the rule of law are fulfilled; and (ii) to propose two further models within this framework. One model, which I call ‘rulebook formalism’, pertains to Parliament’s law-making acts; another model, which I call ‘rights formalism’, concerns the courts’ law-making acts. This distinction results from the different modality of law, ie the different natures of law-making acts. Drawing on speech act theory, I give a general account of the formal requirements as the success conditions of law-making acts. Then, applying this framework, I discuss the formal requirements for Parliament’s law-making acts and the courts’ law-making acts respectively. |
| Uncontrolled Keywords: | /dk/atira/pure/subjectarea/asjc/3300/3308 |
| Creators: | Nishigai, Konatsu |
| Date: | 1 June 2022 |
| Date Type: | Publication |
| Page Range: | pp. 495-520 |
| Journal or Publication Title: | Oxford Journal of Legal Studies |
| Volume: | 42 |
| Number: | 2 |
| Number of Pages: | 26 |
| Language: | English |
| DOI: | https://doi.org/10.1093/ojls/gqab039 |
| ISSN: | 0143-6503 |
| Status: | Published / Disseminated |
| Refereed: | Yes |
| Related URLs: | |
| URI: | http://nectar.northampton.ac.uk/id/eprint/18384 |
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