The Rule of Law Under Fire?

Description

Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege? In this timely and important book, Raymond Wacks examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. He then investigates 16 potential ideological, economic, legal, and institutional dangers to the rule of law. They range from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the ‘war on terror’, and the disquieting power of Big Tech. He also considers the enactment and enforcement in several countries of Draconian measures to curtail the spread of COVID-19, which has generated fears that these emergency powers may outlive the pandemic and become a permanent feature of the legal landscape, thereby impairing the rule of law. Wacks identifies which issues among this extensive array pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation. Preface Contents PART ONE: DISSECTING THE RULE OF LAW 1. Introduction 2. Philosophical Foundations Aristotle and Plato Natural Law Theory Magna Carta and Other Landmarks 3. Legal Theories AV Dicey Friedrich A Hayek Joseph Raz Legal Positivism Lon Fuller Ronald Dworkin 4. From Rhetoric to Reason A Moral Ideal Law and the Rule of Law Formal and Substantive Conceptions Protecting Rights Morally Sound Institutions Extraneous Ideals The Rule of What? PART TWO: THE FIRING LINE 5. The Judiciary Judicial Discretion Judicial Review JR and Politics Judicial Morality 6. Administrative Discretion 7. Legalism 8. Nationalism 9. Populism 10. Critical Theory Critical Legal Theory Critical Race Theory Marxism 11. Libertarianism 12. Communitarianism Asian Values 13. Authoritarianism 14. Parliamentary Sovereignty 15. Emergencies The Rule of Law on Ice What is an Emergency? Effects on Liberty and the Rule of Law Emergency as Abnormality 16. Capitalism Max Weber Modern Capitalism 17. Globalisation 18. Big Tech 19. Counter-terrorism 20. Corruption PART THREE: DEFENDING THE RULE OF LAW 21. Conclusion Formal Legality Violation The Threats Preserving and Defending The End of the Rule of Law? Bibliography Index