The Rule of Law as an Essentially Contested Concept

2021 ◽  
Author(s):  
Jeremy Waldron
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Essentially Contested Concept

scholarly journals Law is not (best considered) an essentially contested concept

2011 ◽  
Vol 7 (2) ◽  
pp. 209-232 ◽  
Author(s):  
Kenneth M. Ehrenberg
Keyword(s):  
Rule Of Law ◽  
General Concept ◽  
Related Concept ◽  
The Rule Of Law ◽  
Essentially Contested Concept ◽  
Concept Of Law

AbsrtactI argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria offered for essential contestation. I buttress this claim with the explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it would yield a greater understanding of uses of the concept to which it is applied. I then show that, even if law meets some basic criteria of essential contestation, applying the appellation does not helpfully illuminate the most general concept of law and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law.

Changing the rule of law

IEE Review ◽  
1989 ◽  
Vol 35 (6) ◽  
pp. 218
Author(s):  
Clifford Gray
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law

Changing the rule of law

IEE Review ◽  
1989 ◽  
Vol 35 (1) ◽  
pp. 24
Author(s):  
H. Aspden
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law

A Review of the Electoral Process under Ghana's Fourth Republic

2020 ◽  
Vol 28 (3) ◽  
pp. 355-377
Author(s):  
Lydia A. Nkansah ◽  
Delali A. Gawu
Keyword(s):  
Rule Of Law ◽  
Electoral Process ◽  
The Rule Of Law ◽  
Members Of Parliament ◽  
Electoral Cycle ◽  
Fourth Republic ◽  
General Elections ◽  
Election Results

There have been seven general elections, under Ghana's Fourth Republic, to elect presidents and members of parliament. There are laws regulating the electoral process and election results have generally been accepted and, in a few cases, challenged through the laid-down process. Elections in Ghana are nonetheless reportedly flawed with irregularities tainting the outcome and creating tensions and sometimes pockets of violence. This article examines the electoral process under Ghana's Fourth Republic, namely the adoption of regulations for each electoral cycle, voters’ registration and the voters’ register, nomination of aspirants, voting, counting of votes and declaration of the results. To ensure the integrity of the electoral process, the laws regulating elections should comply with the dictates of the procedural requirements of the rule of law and the Electoral Commission's actions must be consistent with these laws.

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