The Rule of law separates universal laws from particular administrative measures
Evidence
This is thefirst definition of the Rule oflaw, of !’Etat de. droit. Second, in the Rule of law there is a difference of kind, effect, and origin between, on the one hand, laws, which are universally valid general measures and in themselves acts ofsovereignty, and, on the other hand, particular decisions of the public. authorities. In other words, the Rule oflaw is a state in which legal dispositions, the expression of sovereignty, on the one hand, _and administrative measures, on the other, are distinguished in their principle, effects, apd nlidity. — Michel Foucault, The Birth of Biopolitics, 910
Categorization
- DEFINE: The second defining trait of the Rechtsstaat: a principled split between law and administration.
- XREF: connects to: The Rule of law opposes both sovereign despotism and the police state — Michel Foucault, The Birth of Biopolitics: Lectures at…, 916; Law emerges when a secondary rule separates legal rules from social rules — Ronald M. Dworkin, The Model of Rules, 59; Rule of law in economics restricts the state to purely formal legislation — Michel Foucault, The Birth of Biopolitics: Lectures at…, 923 (+4 more)
Broader Connections
- Law emerges when a secondary rule separates legal rules from social rules
#expands(0.82) — Ronald M. Dworkin, The Model of Rules, 59 - Rule of law makes power context-free and universally mobilizable
#expands(0.80) — Niklas Luhmann, Trust and Power, 673 - Rule of law in economics restricts the state to purely formal legislation
#qualifies(0.75) — Michel Foucault, The Birth of Biopolitics, 923 - Law and order originally meant state rule limited to law itself
#corroborates(0.72) — Michel Foucault, The Birth of Biopolitics, 939