May, Christopher; Winchester, Adam --- "Introduction to the Handbook on the Rule of Law" [2018] ELECD 599; in May, Christopher; Winchester, Adam (eds), "Handbook on the Rule of Law" (Edward Elgar Publishing, 2018) 1

Book Title: Handbook on the Rule of Law

Editor(s): May, Christopher; Winchester, Adam

Publisher: Edward Elgar Publishing

ISBN: 9781786432438

Section Title: Introduction to the Handbook on the Rule of Law

Author(s): May, Christopher; Winchester, Adam

Number of pages: 18

Abstract/Description:

The rule of law is one of the few (global) norms that few if any would go on record as doubting; indeed it is difficult to imagine a world in which the rule of law was rejected and the good life was maintained. This is not to necessarily claim that the rule of law is indispensable, but rather to note that the norm itself has reached the status of a global common sense.1 This handbook explores the range of ideas and issues that the initially simple sounding term the ‘rule of law’ encompasses; as such it is intended to help readers knowing relatively little about the norm to explore and appreciate the range of debates about what the rule of law is and how it might work. Certainly, in jurisprudential writings and legal studies there is a well-established body of literature discussing the rule of law and its political or legal character and/or implications, but these discussions have seldom reached out beyond law’s own (technical) community. The major exception is Lord Bingham’s book on the subject which was published by a trade publisher (Allen Lane/ Penguin) and was widely reviewed in the broadsheet and general political news media;2 hence later in this introduction we use this as a basis for an inclusive baseline definition of the rule of law to provide readers with a starting point for the varied discussions set out by our contributors. At the heart of this project is the view that many non-legal researchers, and non-lawyers interested in regulation and/or governance, as well as non-academics working in civil society organisations, and government officials, would value a single volume resource where the range of issues that lie beneath the water of the great rule of law iceberg can be easily accessed. Thus, to be clear, this volume is not intended to tell lawyers much they do not already know, although they may too find the breadth of discussion in a single volume of some use; rather it is for the non-adept who would like to know more about a term that is often deployed as if we all know what it means, but which is seldom stipulated as part of those discussions.