Jeremy Waldron on The Rule of Law in Public Law （Waldron論公法中的法治理念）Posted: 08/22/2014
在第一篇，裡面其中最有趣的一段論述之一，或許是下面這一段：「Does all this amount to anything more than rule by law? I mentioned earlier that some commentators draw a distinction between the rule of law and rule by law. The one is supposed to lift law above politics. The other- rule by law- involves the instrumental use of legal forms and procedures as tools of political power. On this account, rule by law is a version of rule by men since it is comfortable with the highest authority being wholly unconstrained in the measures it lays down.
My own view is that this distinction between rule of law and rule by law is overblown, involving as it does a mythic quest for forms of law which come into existence and operate without any human agency. 」