Abstract

PEDERNERA ALLENDE, Matías. Regulatory Implications of the Rule of Law and its Relationship with Objectivity. Díkaion [online]. 2020, vol.29, n.1, pp.269-290. ISSN 0120-8942.  https://doi.org/10.5294/dika.2020.29.1.9.

The rule of law is a fundamental notion of contemporary legal practice. A pertinent question regarding the validity of a regulatory ideal, such as the rule of law, has to do with its implications for a particular political-legal system: What state of affairs should a State guarantee to affirm that the rule of law is in force? This raises a related implicit issue concerning the relevance and connectedness of law’s objectivity to the ideal of the rule of law. This paper intends to explain what it means to affirm that the rule of law is a requirement of a legal, political, and ethical nature. It systematizes the regulatory implications of the rule of law for a given political-legal system. Accordingly, it attempts to identify the link between the rule of law and the idea of ​​objectivity.

Keywords : Rule of Law; objectivity; foreseeability; separation of powers; human dignity.

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