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-  2019 

The rule of law, arbitrariness and institutional virtue

DOI: 10.1177/1037969X19829850

Keywords: Rule of law,arbitrariness,checks and balances,personal virtue,judicial,administrative and executive decision-making

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Abstract:

This article summarises Professor Martin Krygier's work on the rule of law and his view that arbitrariness is its core and is under-theorised. From ancient philosophy, the author suggests that our rule of law settlement feels tentative because arbitrariness is a human characteristic that cannot be completely fixed with institutional checks and balances. The author observes that a variety of rule of law virtues are already expected of judicial decision-makers and suggests that these institutional virtues should be transferred into the administrative, executive and corporate decision-making space to advance the rule of law project

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