イングランドにおける法の支配に関する「法思想史的」考察

―クック、ヘイル、ブラックストーンを中心に―

抄録

This paper focuses on the development of the English concept of the ʻrule of lawʼ, analysing Edward Coke, Matthew Hale and William Blackstoneʼs works. I will demonstrate the diversity of this concept, as against the prerogative. On the other hand, the rule of law concept has been almost consistently under the sway of parliamentary sovereignty. The history of the English rule of law concept is one of formalisation. Cokeʼs restraint of the prerogative by ʻreasonʼ was replaced by Haleʼs restraint by ʻknown lawʼ. The English rule of law did not intervene where the legislatures acted in formally correct ways.