The erosion of the rule of law in crisis times

Abstract

In Portugal we are living crisis times as it is well known. Therefore, we strongly believe that there is a dangerous relation between the “crisis management”, of the government in the name of State, and a clear material sense of justice and legitimacy. In Portugal we do not need a reform of the judicial system but a reform of how the government thinks and acts about it. The “Rule of Law” is not only an organizational and formal concept of the welfare state, a philosophic category of the XVIII sec. scientists. We can perfectly identify what are the effects of the crisis on the economic, political and judicial Portuguese system. In Portugal, there is a strong feeling about political partiality and disrespect to about impunity of the political class and corruption crimes. It is an issue of legitimacy of state and not only an issue of governability of the people.