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The Handbook of Political, Social, and Economic Transformation$
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Wolfgang Merkel, Raj Kollmorgen, and Hans-Jürgen Wagener

Print publication date: 2019

Print ISBN-13: 9780198829911

Published to Oxford Scholarship Online: March 2019

DOI: 10.1093/oso/9780198829911.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 June 2021

Rule of Law and Statehood

Rule of Law and Statehood

Chapter:
(p.637) Chapter 72 Rule of Law and Statehood
Source:
The Handbook of Political, Social, and Economic Transformation
Author(s):

Anne van Aaken

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198829911.003.0072

The rule of law and statehood are closely related. The process of forming a state was historically conjoined with the establishment of key monopolies of the state: inter alia the monopoly of the legitimate use of force and the monopoly of the making and the enforcement of law. Those are relevant as necessary although not sufficient conditions of the rule of law. In this chapter the breakup of these monopolies by internationalization and Europeanization on the one hand and privatization and outsourcing of state functions on the other is discussed as potentially endangering statehood and rule of law. New actors and changed forms of activity need to be subject to judicial review in the same way as the exercise of state power. A similar degree of responsibility, including potential liability, would need to be imposed upon the actors. It may result in a shift to the rule of law being secured in procedures.

Keywords:   rule of law, statehood, state functions, internationalization, Europeanization, privatization, outsourcing, accountability, liability, proceduralization

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