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Rule of law as a political and legal ideal in the Anglo-Saxon legal tradition

Journal: RUDN Journal of Law (Vol.27, No. 4)

Publication Date:

Authors : ;

Page : 859-870

Keywords : rule of law; common law; public authority; principle of legality; principle of equality; human rights and freedoms; independence of the judiciary;

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The article gives a critical analysis of the rule of law concept in the Anglo-Saxon political and legal tradition. The main criticism concerns its conceptual weakness, isolation from the real economic and political processes dominating in the society. The concept, once widely used both in the legal and political spheres, has become a kind of “buzzword” without clearly defined content. The lack of understanding of the rule of law concept among the public and inability of the scientific community to give any generally accepted explanation of the essence of this concept is ultimately expressed in failure of the population to follow some reasonable norms of behavior. In such a situation, even moral norms surrender to the policy of force and pursuit of selfish interests. The lack of theoretical rigor in the use of the rule of law concept is the reason that ultimately led some critical scientists in the West to question the relevance of the study of various conceptual approaches to it. The rule of law concept, previously presented as the main solution to many modern problems, such as poverty, corruption, terrorism, etc., is currently experiencing a severe crisis. The author concludes that understanding of this socio-cultural phenomenon may be reached not through examining liberal values but through investigating socio-economic development of society.

Last modified: 2023-12-02 18:02:47