Title: The importance of the rule of law

Author: Prof. Dr. Michael Esfeld

Abstract

This chapter seeks to fulfil four tasks: (1) In the first place, it sets out a characterization of the rule of law. Being a normative constraint against which political systems can be evaluated, the rule of law cannot be based on positive law. It has to be grounded in natural law. (2) Secondly, the chapter sketches out how this can be done for a global city that is an open society: the rule of law can thus not be based on a particular religion, culture, or system of ethical beliefs. It has to be justified by relying on universal reason alone that is common to all human beings, whatever their cultural differences may otherwise be. (3) Thirdly, the chapter explains the relationship between the rule of law and the modern constitutional state, working out the tension that arises when the state claims the monopoly of law making, law enforcement and judiciary. (4) Fourthly, the chapter pleads for pluralism when it comes to realizing the rule of law, taking common law as model.

Keywords

Common law; Constitutional state; Freedom; Kant; Natural law; Normativity; Open society; Rule of law; Universal reason; Free Global Cities; Free Global City