Abstract

VILLEGAS DELGADO, César. The Submission of the Public Power to the Law in the Civil law and The Common Law Traditions: Rechtsstaat and Rule of Law. Can Be Extrapolated to the International Level?. Bol. Mex. Der. Comp. [online]. 2013, vol.46, n.137, pp.713-746. ISSN 2448-4873.

Generally regarded as synonyms, the Rule of Law and the Rechsstaat are different. There are between the two legal institutions substantial differences that we must distinguish rigorously. The idea f the public power submission to the law -expressed through both theoretical constructions- has gone beyond the State borders and, progressively, made its way into international scenario. For some authors, the root for the application f the principle of the Rule of Law to interstate relationships, within international society, could date back to the XVIII century. However, it was until a few years ago that the Rule of Law analysis,from a strictly international point of view, started to take off. In this article the author analyzes the differences between the Rechsstaat and the Rule of Law in order to study the extension of these conceptions and how it could be applied to highlight the preeminence of law at international level.

Keywords : Civil Law; Common Law; Rule of Law; International Rule of Law; Rule of Law among Nations.

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