Rule of law (Rechtstaat) and social order
White, J.
(2022).
Rule of law (Rechtstaat) and social order.
In
Biebricher, T., Nedergaard, P. & Bonefeld, W.
(Eds.),
The Oxford Handbook of Ordoliberalism
.
Oxford University Press.
(2022).
Rule of law (Rechtstaat) and social order.
In
Biebricher, T., Nedergaard, P. & Bonefeld, W.
(Eds.),
The Oxford Handbook of Ordoliberalism
.
Oxford University Press.
Amongst the early Ordoliberals’ basic intuitions was the need to insulate political authority from mass politics and ideology. On this was founded their idea of the Rechtstaat as a regime of rules intended to constrain executive power. The chapter explores the relationship between these ideas, and how, contrary to its authors’ stated intentions, such a system tends to leave open the prospect of recurrent and far-reaching political discretion.
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