Kenneth Starr's Rule of Law -- and Ours

In: Constellations: an international journal of critical and democratic theory, Band 6, Heft 2, S. 137-141

Abstract

US conservative politicians' support for the return of a "rule of law" to contemporary politics is studied. Although US citizens are congratulated for recognizing the true parameters of the rule of law, expressed in their condemnation of Independent Counsel Kenneth Starr, elected officials are condemned for sacrificing rule of law virtues to implicate wrongdoing among their political adversaries. Kenneth Starr is accused of manipulating the Independent Counsel Act & disregarding the primary virtues of the rule of law, ie, the preservation of state action characterized by generality, publicity, clarity, & stability. The repudiation of the Independent Counsel Act is strongly supported, & the value of previous independent counsels is debated. The establishment of independent counsels restrained by clearly defined & regulated discretionary authority is welcomed, though the capacity of such independent counsels to contribute to democratic politics is questioned. J. W. Parker