Rule of law versus political interest

The limits of the rule of law are here tested by a case study. Two Arab prisoners were killed by Israeli security forces, a political cover-up was initiated and the tacit assent of the Supreme Court towards executive actions was achieved. The paper examines some theoretical positions in order to und...

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Bibliographic Details
Authors: Saltman, Michael (Author) ; Rosenfeld, Henry 1922- (Author)
Format: Electronic Article
Language:English
Published: 1990
In: Contemporary crises
Year: 1990, Volume: 14, Issue: 1, Pages: 1-22
Online Access: Volltext (lizenzpflichtig)
Check availability: HBZ Gateway
Keywords:
Alternative Variable
International Relation
Legal System
Political Interest
Theoretical Position
Description
Summary:The limits of the rule of law are here tested by a case study. Two Arab prisoners were killed by Israeli security forces, a political cover-up was initiated and the tacit assent of the Supreme Court towards executive actions was achieved. The paper examines some theoretical positions in order to understand the relationship between the ideology of the Rule of Law and political interests — Althusser, Luhmann and Habermas. The conclusion is that structural and/or neo-structural functional theory is insufficient to explain the situation. The paper suggests alternative variables to account for the legal system's subservience to the dictates of political interests.
Item Description:Literaturverzeichnis: Seite 22
DOI:10.1007/BF00728223