Background

Central to the concept of the rule of law is the idea that society as a whole must be governed by a system of just laws. In particular, the exercise of public power by state agents must be constrained by clearly defined, stable, and predictable laws that guarantee and protect fundamental rights, provide for tansparent government, as well as order and security. Democratic constitutions are the bedrock of a proper rule of law system, establishing the standards against which public action is  measured.

Boston College Law School Symposium on Constitution-Making and Constitutional Design October 31, 2014

Richard Albert Convenor

Keynote Address: Ran Hirschl, University of Toronto

Panel I: The Period Between Old and New Constitutions

Constitutionalism and Rule of Law cannot always easily be distinguished, since the Rule of Law is many times believed to be encompassing constitutionalism, judicial review, separation of powers, as well as a variety of governance structures. One way of looking at this, is that on the national level constitutions are mostly understood to be a necessary (though not sufficient) condition for a polity to be governed by the Rule of Law and constitutionalism. On the supra- or international level (e.g., the European Union, World Bank), where constitutions are absent or have a different shape, it are usually Rule of Law discourse and measures that are taken up to implement the values that are deemed necessary to establish a just political order.