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Bedner, Adriaan --- "The promise of a thick view" [2018] ELECD 601; in May, Christopher; Winchester, Adam (eds), "Handbook on the Rule of Law" (Edward Elgar Publishing, 2018) 34

Book Title: Handbook on the Rule of Law

Editor(s): May, Christopher; Winchester, Adam

Publisher: Edward Elgar Publishing

ISBN: 9781786432438

Section: Chapter 2

Section Title: The promise of a thick view

Author(s): Bedner, Adriaan

Number of pages: 14

Abstract/Description:

Many scholars prefer a ‘thin’ conception of the rule of law, because of the analytical value of the concept. Nonetheless, ‘thick ‘ rule of law conceptions, which include substantive elements such as fundamental rights and liberties, continue to be popular. This chapter argues that the preference for a thin or a thick conception of the rule of law depends on the purpose its users have in mind – as an analytical tool indicating a certain quality of a legal system or as a shorthand for a liberal legal state. The chapter moreover shows that the historical reasons given by scholars such as Joseph Raz for preferring a thin definition are unfounded. The concept of rule of law has always developed in combination with ideas about fundamental rights and liberties, not only in England, but also in France and Germany.