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

被引:0
|
作者
Alvarez, Natalia Niedmann [1 ]
机构
[1] Univ Chicago, Sch Law, Chicago, IL 60637 USA
来源
INTERNATIONAL JOURNAL OF HUMAN RIGHTS | 2022年 / 26卷 / 09期
关键词
D O I
10.1080/13642987.2022.2035096
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
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.
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页码:1503 / 1521
页数:19
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