The rule of law and 'technocratisation'
In the Twentieth century, the rule of law became, in many ways, the common sense of global politics. It managed to be both a norm, in that it was treated as an aspiration for political organisation, and it was seen as a technique of good governance, to be deployed as a corrective to the variety of p...
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| Published in: | Hague journal on the rule of law : HJRL 2019-11, Vol.11 (2/3), p.321-326 |
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| Main Author: | |
| Format: | Article |
| Language: | eng |
| Subjects: | |
| Online Access: | Get full text |
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| Summary: | In the Twentieth century, the rule of law became, in many ways, the common sense of global politics. It managed to be both a norm, in that it was treated as an aspiration for political organisation, and it was seen as a technique of good governance, to be deployed as a corrective to the variety of political gaps (or 'lacks') that international institutions identified in various cases of state failure. More recently, it has become possible to argue that we may have passed 'peak rule of law' as countries and leaders seem in their actions and in their rhetoric, to be resistant to the political or social value of the rule of law. This (partial) dismissal of the rule of law may be related to the issue of the pervasive technocratisation of rule of law 'assistance'; the deployment of the rule of law qua technology can be a major impediment to establishing the very rule of law that would produce the effects such programmes intend. |
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| ISSN: | 1876-4045 1876-4053 |