From the rule of law to a rule of rights: Political theory - public law - enlightenment - rule of law - public sphere

There has been a global tendency towards the growth of judicial control over the last decades. Have we transited from a rule of law to a rule of rights? The paper offers a brief description of the scope of the institutional transformations around the world and its underlying narrative. It describes...

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Bibliographic Details
Published in:The international journal of human rights 2022-10, Vol.26 (9), p.1503-1521
Main Author: Niedmann Alvarez, Natalia
Format: Article
Language:English
Online Access:Get full text
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Summary:There has been a global tendency towards the growth of judicial control over the last decades. Have we transited from a rule of law to a rule of rights? The paper offers a brief description of the scope of the institutional transformations around the world and its underlying narrative. It describes the liberal ideals that inspired the concept of a rule of law and argues that these have been profoundly perverted by the institutional transformation legal systems have experienced. I suggest that the transit to a rule of rights jeopardises some of our core democratic values, privatising our politic disputes and eroding our common world.
ISSN:1364-2987
1744-053X
DOI:10.1080/13642987.2022.2035096