Description
Two of law’s most fundamental concepts, rule of law and human rights, are also the ones most addressed in legal responses to globalization. In this paper, the focus is on the globalized idea of the rule of law. In particular, it addresses the different ways in which the rule of law can be understood and used in a transnational setting. In the first part of the paper, the argument I put forward is that the rule of law concept has been subordinated to the interests of specific groups of transnational actors (international organizations promoting the rule of law, business actors investing across the globe) which have a stake in a particular conception of the rule of law. In response to this, I argue that it is inevitable to consider issues of global justice and basic rights as part of the rule of law idea. In the second part, I develop an argument how to construct a rule of law conception that incorporates substantive justice and equality. Such a conception extends the core purpose of the rule of law, i.e. curbing arbitrary exercise of power (as Martin Krygier says), to more contested substantive values. Although this conception of the rule of law may be less of a shared positive legal idea – one that anyone can endorse –, it gains in meaning and responds to global challenges.| Period | 4 Jul 2022 |
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| Event title | IVR 2022 World Congress : Justice, Community and Freedom |
| Event type | Conference |
| Location | Bucharest, RomaniaShow on map |
| Degree of Recognition | International |