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From the Rule of Law to the Rule of Justice

The Rule of Law generally refers to the authority and influence of law in society, especially as a constraint upon behavior. In light of history, at least two principal types of the Rule of Law can be identified: a formalist one, and a substantive one. Under substantive Rule of Law, which reflects the experience of Western democracies nowadays, the decisive mark is the adherence to the natural rights doctrine and to the human rights international system which embrace the ideas of justice shared by the majority of people and nations of the world at the present stage of human civilization.

The Rule of Law; Fundamental Rights; Constitutional State; The Rule of Justice


Programa de Pós-Graduação em Direito da Universidade Federal de Santa Catarina Centro de Ciências Jurídicas, Sala 216, 2º andar, Campus Universitário Trindade, CEP: 88036-970, Tel.: (48) 3233-0390 Ramal 209 - Florianópolis - SC - Brazil
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