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Getting to the Rule of LawNOMOS L$
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James E. Fleming

Print publication date: 2011

Print ISBN-13: 9780814728437

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814728437.001.0001

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The Limits of Process

The Limits of Process

(p.32) 2 The Limits of Process
Getting to the Rule of Law

Robin West

NYU Press

This chapter discusses how there is some significance in expanding the rule of law to include a procedural dimension, particularly given contemporary national, global, and political realities. Due to suffering a deficit of procedural fairness in various courts of criminal justice, complementing the property-centered rule of law ideology with something that highlights people rather than profit certainly cannot hurt. A little bit of rule of law idealism—whether formal, procedural, or substantive—might help make the case for robust procedural protections, or at least complement rule of law interpretations that focus on profit with one that centers on individual dignity and intelligence. The chapter presents four objections to this proposal, characterized as suggested friendly amendments, and a fifth crucial remark about some of the features of all three paradigms of rule of law scholarship that Professor Jeremy Waldron has identified: formal, procedural, and substantive.

Keywords:   rule of law, idealism, procedural protections, formal rule of law, procedural rule of law, substantive rule of law, Jeremy Waldron

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