The Rule of law and the separation of powers

Denise Meyerson

The Rule of law and the separation of powers

Denise Meyerson

Macquarie Law School

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Abstract

The rule of law is the opposite of the rule of power. It stands for the supremacy of law over the supremacy of individual will. But to say this is to speak only in the most general of terms. As in the case of all abstract political ideals, the requirements of the rule of law are contested. The separation of powers doctrine is also a complex and contested notion, and the extent to which it supports the rule of law therefore depends, in part, on how its requirements are understood. This volume of the Macquarie Law Journal explores the meaning of the rule of law as well as the extent to which the separation of powers – the principles of dividing and balancing power − can be used to advance rule of law values.

Original language	English
Pages (from-to)	1-6
Number of pages	6
Journal	Macquarie Law Journal
Volume	4
Publication status	Published - 2004

Bibliographical note

Publisher version archived with the permission of the Dean, Division of Law, Macquarie University, NSW, Australia. This copy is available for individual, non-commercial use. Permission to reprint/republish this version for other uses must be obtained from the publisher.

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Mq-4470-Publisher version (open access)Final published version, 47.1 KBLicence: Unspecified

Cite this

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AB - The rule of law is the opposite of the rule of power. It stands for the supremacy of law over the supremacy of individual will. But to say this is to speak only in the most general of terms. As in the case of all abstract political ideals, the requirements of the rule of law are contested. The separation of powers doctrine is also a complex and contested notion, and the extent to which it supports the rule of law therefore depends, in part, on how its requirements are understood. This volume of the Macquarie Law Journal explores the meaning of the rule of law as well as the extent to which the separation of powers – the principles of dividing and balancing power − can be used to advance rule of law values.

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The Rule of law and the separation of powers

Abstract

Bibliographical note

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Cite this