| dc.description.abstract | The rule of law subsists on a great paradox: although widely used, it is an expression rarely
known, probably one of the most “elusive” from a legal point of view. Shaped around the concept of
the State, it is the product of a historical evolution that has been going on for centuries and which
includes a plurality of legal and political traditions: from the German conception of a statist nature
to the Anglo-Saxon one, with an individualist and liberal matrix. Without doubt, it is a qualifying idea
of the European legal tradition.
If it is not possible to offer a terminologically unambiguous definition, this work intends to
embrace a substantive vision, identifying as principles suitable for identifying its minimum content
the principle of separation of powers, the principle of legality, the principle of legal certainty, the
prohibition of arbitrary exercise of power, equality before the law and the guarantee of fundamental
rights, ensured by a judicial system composed of independent and impartial judges.
The “irruption” of a distinctly national concept within the international and European legal
framework raises a series of questions relating to its content, its scope and the legal instruments for
its protection, once the borders of origin have been crossed.
In this context, the present work intends to deal with the promotion and protection that the
principle of the rule of law receives within the European region, in particular, by three regional
organizations: the OSCE, the Council of Europe and the European Union. ... [edited by Author] | it_IT |
