The Abuse of the Rule of Law

IF 2.9 2区社会学 Q1 LAW

Hague Journal on the Rule of Law Pub Date : 2020-03-03 DOI:10.1007/s40803-020-00140-4

Gianluigi Palombella

引用次数: 2

Abstract

The assumption that the Rule of law is inherently ready for instrumentalization is assessed through an enquiry into the notion of abuse, on the one side, and of the rule of law on the other. This article addresses the problem of abuse, trying to identify its characteristics and to define its consequences. In order to do so, a line is followed from the different sets of rules that can regulate an institutional ‘practice’ like the rule of law to the consideration of the ends that would better qualify that practice. Among the objectives of this article is to stress the possibility and importance of adopting legal means against abuse, not only relying on political action.

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法治的滥用

通过对滥用的概念和对法治的概念的调查，一方面评估了法治天生就准备好工具化的假设。本文讨论了滥用问题，试图确定其特征并定义其后果。为了做到这一点，从能够规范制度“实践”(如法治)的不同规则集到考虑更好地限定这种实践的目的，这是一条界限。本文的目标之一是强调采取法律手段反对滥用的可能性和重要性，而不仅仅依靠政治行动。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Hague Journal on the Rule of Law LAW-

CiteScore

4.10

自引率

18.20%

发文量

期刊介绍： The Hague Journal on the Rule of Law (HJRL) is a multidisciplinary journal that aims to deepen and broaden our knowledge and understanding about the rule of law. Its main areas of interest are: current developments in rule of law in domestic, transnational and international contextstheoretical issues related to the conceptualization and implementation of the rule of law in domestic and international contexts;the relation between the rule of law and economic development, democratization and human rights protection;historical analysis of rule of law;significant trends and initiatives in rule of law promotion (practitioner notes).The HJRL is supported by HiiL Innovating Justice, The Hague, the Netherlands and the Paul Scholten Center for Jurisprudence at the Law School of the University of Amsterdam, the Netherlands.Editorial PolicyThe HJRL welcomes contributions from academics and practitioners with expertise in any relevant field, including law, anthropology, economics, history, philosophy, political science and sociology. It publishes two categories of articles: papers (appr. 6,000-10,000 words) and notes (appr. 2500 words). Papers are accepted on the basis of double blind peer-review. Notes are accepted on the basis of review by two or more editors of the journal. Manuscripts submitted to the HJRL must not be under consideration for publication elsewhere. Acceptance of the Editorial Board’s offer to publish, implies that the author agrees to an embargo on publication elsewhere for a period of two years following the date of publication in the HJRL.