Hukum - Peraturan

Indeks : Index ; The question posed in this book is why governments sometimes do or not do act according to laws The traditional answer of Jurists has been that law has an autonomous causal eflicacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this normative conception, the authors depend a positive Interpretation According to which the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to law does law rule. What distinguishes ? rule of law? as an Institutional equilibrium from ?rule by law? is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interests . Conflict between rule of majority and rule of law are simply conflicts in which actors use either votes or laws as their instruments of power.