| Article | The Rule of Law Doctrine in Religious and Mixed Legal Systems: Whether It Possible? |
|---|---|
| Authors |
Vovk D.
|
| Name of magazine | Legal journal «Law of Ukraine» (English version) |
| Issue | 4 / 2013 |
| Pages | 66 - 75 |
| Annotation | The article is devoted to question of possible acceptance of the Rule of law doctrine by religious (Muslim, rabbi, canonic, Hindu law) and mixed legal systems. Author argues that the nature of theocratic law as a whole is incompatible with Rule of law, though some principles (proportionality of regulation, hierarchy of norms etc) are general for them because of their reasonable character. In mixed systems Rule of law cannot be established without secularization and democratization — processes, which potentially are able to transform mixed legal system «clear» one. |
| Keywords | rule of law, theocratic law, mixed legal systems, secularization, democratization. |
| References | |
| Electronic version | Download |