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Between Scylla and Charybdis. Remarks on the “Rule of Law”
Volume 13, Issue 1 (2023), pp. 169–174
Michał Sopiński ORCID icon link to view author Michał Sopiński details  

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https://doi.org/10.47459/jssi.2023.13.17
Pub. online: 17 July 2023      Type: Article      Open accessOpen Access

Received
14 March 2023
Accepted
23 June 2023
Published
17 July 2023

Abstract

In contemporary discussions on law, the concept of the rule of law has gained significant attention and has become a widely used term. The concept has been particularly prominent in the Polish public discourse due to the ongoing dispute over judicial reform between Brussels and Warsaw, as well as the primacy of EU law over national law. The rule of law is often discussed in relation to the judiciary’s independence and its role in upholding principles of European, international, and Polish constitutional law. However, the multitude of definitions and the ideological abuse of the concept have raised concerns about its overuse and lack of value. This article explores the essential contestability of the concept of the rule of law and its association with political assumptions. It also examines the instrumentalization of the rule of law and the potential implications of promoting a universalistic interpretation. The article concludes by emphasizing the need for a critical examination of the concept and its application in legal discourse.

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Keywords
law jurisprudence judgment and decision making legal theory Rule of Law

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Generolo Jono Žemaičio Lietuvos karo akademija Šilo g. 5A., LT-10322 Vilnius, el.p: lka@mil.lt

General Jonas Žemaitis Military Academy of Lithuania  Šilo Str. 5A, LT-10322 Vilnius, Lithuania, e-mail: lka@mil.lt

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