深田三徳「法の支配をめぐる諸問題の整理と検討」『法哲学年報』2006年, 2005巻, p.7-17, 200

本文

“The Rule of law” has been used in different meanigs. But this is a legal and political ideal or principle, and there are three kinds of the rule of law. First is the rule of law in the modern constitutional laws of Western countries. Second is the rule of law in Japanese constitutional law, and third is the rule of law as a political ideal. Third one relates to what a good government or legal system should be.
At first, the history and development of the rule of law in modern constitutional laws of Western countries is considered. Next, the legal scholars' different views on the rule of law in Japanese constitutional law are examined.
Finally, formal conceptions and substantive conceptions about the rule of law as a political ideal are discussed. One of formal conceptions is formal legality, which was maintained by Lon L. Fuller, J.Raz and R.S.Summers etc. This is important for other kinds of the rule of law as well. On the other hand, substantive conceptions maintain the rule of just or good laws. But there is much controversies about what just or good laws are. Other several problems about the rule of law are also discussed.