{"title":"The Abuse of the Rule of Law","authors":"Gianluigi Palombella","doi":"10.1007/s40803-020-00140-4","DOIUrl":null,"url":null,"abstract":"<p>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.</p>","PeriodicalId":45733,"journal":{"name":"Hague Journal on the Rule of Law","volume":"41 23","pages":""},"PeriodicalIF":2.9000,"publicationDate":"2020-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Hague Journal on the Rule of Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1007/s40803-020-00140-4","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
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.
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.
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