Imaginary of the rule of law as a force of societal transition: Central and East European lessons from European (dis)integration

Belov, Martin, Cerruti, Tanja, Priban, Jiri ORCID: https://orcid.org/0000-0002-4760-6734, Belavusau, Uladzislau, Simeon, Groysman, Di Gregorio, Angela, Hristev, Hristo, Borowski, Martin, Yotov, Stilian, Monika, Florczak-Wątor and Aleksandar, Tsekov 2022. Imaginary of the rule of law as a force of societal transition: Central and East European lessons from European (dis)integration. Belov, Martin, ed. Rule of Law in Crisis: Constitutionalism in a State of Flux, Routledge Research in Public Law, London: Routledge, pp. 67-88. (10.4324/9781003349501-6)

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Abstract

This chapter opens by distinguishing between the philosophical, doctrinal and sociological concepts of the rule of law. It sociologically analyses the rule of law as a double-coded genealogy of societal power and its legitimising social imaginary. The rule of law thus refers to both the self-constituted legal order of society and the symbolic order constituting the meaningful rule of polity. The authoritarian rule by law then shifts the problem of legitimation by legality to the problem of legitimation of legality itself. Nevertheless, the difference between formal and substantive concepts of the rule of law shows how the value-based legitimation of the rule of law paradoxically leads to the structural tensions and value conflicts in the rule of law. These tensions and conflicts are examined against the background of legal and political transformations in post-communist countries, their history of European integration including the rise of illiberal populism and its impact on the rule of law in the EU.

Item Type:	Book Section
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > K Law (General)
Publisher:	Routledge
ISBN:	9781032393858
Last Modified:	17 Apr 2024 11:30
URI:	https://orca.cardiff.ac.uk/id/eprint/166641

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