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.
The Abuse of the Rule of Law
Palombella, Gianluigi
2020-01-01
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.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
