Putting Deficient Rechtsstaat on the Research Agenda: Reflections on Diminished Subtypes

摘要: This article proposes a typology of diminished subtypes Rechtsstaat. Building on historical overview the different constitutional traditions in United States, Great Britain, and Germany, an ideal type Rechtsstaat is identified. definition provides foundation for creation subtypes, which are structured into two categories. First, four defined: inconsistent, arbitrary, partly-implemented, excluded. Second, three causes deficiencies identified: lack capacities (LoC Type), powerful interests supporting alternative rules (PIAR high acceptance norm systems (HAAS Type). The latter types causes, PIAR HAAS, largely ignored legal reform strategies yet – according to our approach this they more prevalent empirically than first type.