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8 Hague J. on Rule L. 1 (2016)

handle is hein.journals/hagjuote8 and id is 1 raw text is: Hague J Rule Law (2016) 8:1- 23 DOI 10.1007/s40803-016-0024-z \ ll1, 1:1 The Rule of Law at Home and Abroad Gianluigi Palombellal Published online: 18 April 2016 © T.M.C. Asser Press 2016 Abstract The article addresses the meaning of the Rule of Law and its import between domestic and supra-State legalities, starting from problems raised by real cases, and the insufficiency of some received ideas or more common notions- from those requisites-based to formal, material, or procedural ones- to cope with them. Accordingly it focuses upon a dual structure of legality as an institutional condition for the Rule of Law to pursue its normative ideal. The duality condition for the Rule of law is historically and theoretically reconstructed in its origin and development, and the notion is carefully distinguished from rule compliance, procedural fairness, sub- stantive justice, the principle of legality, and other different achievements of the present legal civilization. Its essential content shapes a separate, distinct identity vis d vis democracy and human rights, while it appears conducive to the appraisal of several problems related to the Rule of law oversight in diverse current circumstances. Keywords Rule of law Dual legality - Domestic and international law Procedure - Human rights Democracy 1 Introduction Controversies surrounding the meaning, import and function of the 'rule of law' have generated abundant literature.1 In what follows, I shall avoid starting with the essentially contested definitions (although I will return to this point later): instead of One of the best overviews which is still valid today was written by Craig (1997, pp. 467-487). Fundamental insights have been proposed in several works by Martin Krygier (2009, pp. 45-69 and 2011). I have myself elaborated at length on this issue. Among my own publications, see Palombella (2009 and 2010). ® Gianluigi Palombella g.palombella@sssup.it University of Parma and Scuola Sant'Anna, Pisa, Italy I_ Springer ASSER

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