Always a controversial and often a confusing topic inacademia, the rule of law has, since the late twentieth century, been elevated to almost a universal ideal. So much so that many of those once perceived as its staunchest enemies today claim to be rule of law enthusiasts. Large amounts ofmoney have been spent, and much work has been done to lay its foundations in many places and for various reasons. And yet, today, despite all these efforts, many see the rule of law as increasingly threatened. Often, the rule of law has beenpresented as an end in itself, with less consideration of the purposes for which it was invented. This might have eased the way for the current surge of practices, in numerous contexts, that appear to contradict it. In this conversation, Martin Krygier explains that the purpose of the rule of lawtraditionally was and should continue to be to temper power and prevent arbitrariness. Achieving this ideal, however, requires recognizing the rule of law’s limitations, not to abolish it, but to think of ways to temper powerbeyond it.
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