Rule of Law, Contesting and Contested

Varga, Csaba (2021) Rule of Law, Contesting and Contested. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 2 (1). pp. 245-278. ISSN 2732-0707

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Abstract

The rule of law movement is a by-product of the post-WWII rebirth of human rights, which turned into a key political issue by the turn of the millennium. By becoming part of the language and blackmailing practice of international politics, it has self-emptied as well. It is an ideal; historically a function of human experience at individual places and times, shaped by local traditions. As a complex of heterogeneous values and principles, its ethos can at best be respected and approached via the never-ending balancing of compromise solutions. Keywords: Rechtsstaat, État de droit, democracy, constitutionalism, judicialisation, UN, EU

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