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Question: Critically assess the various ways in which the concept of the rule of law can be understood.
Answer: It is not possible to formulate a simple and clear-cut statement of the rule of law as a broad political doctrine because as the needs of national and international communities change, so we need to restate the received values of law in response to those changes. As with all concepts, the rule of law has a history and one of the features of that history is the manner in which the concept has been re-interpreted over time. There is voluminous literature on the rule of law which examines the concept from almost every conceivable perspective, but among modern legal theorists, most views on this subject fall into three general categories: the formal approach, the substantive approach, and the functional approach. Formal interpretation is more widespread than the substantive interpretation, and......(short extract)
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Details: - Mark: 61% | Course: Constitutional and Administrative Law | Year: 1st | Words: 3076 | References: Yes | Date written: Not available | Date submitted: March 08, 2012 | Coursework ID: 728
