From the rule of law to a rule of rights: Political theory – public law – enlightenment – rule of law – public sphere.

Autor: Niedmann Alvarez, Natalia
Předmět:
Zdroj: International Journal of Human Rights; Nov2022, Vol. 26 Issue 9, p1503-1521, 19p
Abstrakt: There has been a global tendency towards the growth of judicial control over the last decades. Have we transited from a rule of law to a rule of rights? The paper offers a brief description of the scope of the institutional transformations around the world and its underlying narrative. It describes the liberal ideals that inspired the concept of a rule of law and argues that these have been profoundly perverted by the institutional transformation legal systems have experienced. I suggest that the transit to a rule of rights jeopardises some of our core democratic values, privatising our politic disputes and eroding our common world. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index