© Koninklijke Brill NV, Leiden, 2008 DOI: 10.1163/187197408X278288 International Community Law Review 10 (2008) 29–49 I NTERNATIONAL C OMMUNITY L AW R EVIEW www.brill.nl/iclr Th e Ethos of the Rule of Law in the International Legal Discourse: Portrait of an Outsider * Mónica García-Salmones LL.M., doctoral candidate at the University of Helsinki and Research Fellow at the Erik Castrén Institute of International Law and Human Rights Abstract Th e constitutional principles of the state under the rule of law require, as a precondition, that a normal situation exists. Th e article argues that this Schmittian idea can be transposed to an international debate on the international rule of law. Th e constitutional reforms proposed by Schmitt in ‘Legality and Legiti- macy’ focusing in his search for an ethos of law were in the concrete situation of Weimar, neither attuned to the legal spirit of the times (positivism) nor suited to taking a course of action in the midst of tumultu- ous political events. However, as a theoretical work on liberal constitutionalism ‘Legality and Legitimacy’ contributes to the discussion on the lack of inherent rationality of the liberal (international) rule of law: the ethos of the rule of law
International Community Law Review (continuation of International Community Law Review and Non-State Actors and International Law) – Brill
Published: Jan 1, 2008
Keywords: KOSKENNIEMI; WEIMAR; FORMAL LAW; SCHMITT; INTERNATIONAL RULE OF LAW; ETHOS OF THE RULE OF LAW; LEGALITY AND LEGITIMACY; HOBBES
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