The Rule of Law and Functions of the Formal Principles:Centered on the Relationship between Form and Substance
One of the controversial themes in the theories of the Rule of Law is the relationship between form and substance,which involves functions of the formal principles.The functions of the formal principles may be examined from three aspects:formality,self-sufficiency,and comprehensiveness.The formal principles enjoys formality,but they are not pure:they may involve the content arrangement of legal norms and the implementation effect of substantive value on the normative content,and their interpretation and application may also be influenced by substantive value.The formal principles is capable of guiding the practice of the rule of law,but they are not self-sufficient in that they cannot resolve the issues of compliance level and exceptions themselves or eliminate the internal tension between different principles.For the limited and abstract goals of the constituents of rule of law,the formal principles may serve as constituent conditions,but for more practical goals of the realization of the rule of law,they are not sufficient.The form and substance of law are interrelated and mutually shaped.When the rule of law put forward requirements in terms of the form of the law,to implement such requirements inevitably involves the essence of the law.The rule of law requires the formal principles are necessary for the rule of law,but they are not as pure,self-sufficient,and omnipotent as generally imagined.
Rule of LawFormal PrinciplesFormalitySelf-sufficiencyComprehensiveness
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