@article{2014:ktter:rule_of_la,
title = {Rule of Law: Leitbild und Maßstab auch jenseits des staatlichen Rechts},
year = {2014},
note = {By focusing on two recent developments, we argue that rule of law
principles can provide a general yardstick to evaluate even these
norm-building processes that occur beyond the state. First, in various
discourses on governance in contexts beyond the state authors suggest
to integrate non-state legal structures into the rule of law concept.
By illustrating this in terms of constitutional law, law and
development, and global governance, we ask for the criteria under
which non-state law can be seen as functional equivalent to state law
from a rule of law perspective. And second, there is an increasing
tendency in contexts “beyond the state” to use experiences
subsumed under the rule of law as a normative yardstick to evaluate
informal processes of legal regulation. Distanced from its origin as a
principle of state law, the rule of law functions here as a general
standard for legitimate and effective rule-making},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {369--391},
author = {Kötter, Matthias and Schuppert, Gunnar Folke},
volume = {47},
number = {4}
}