Between Scylla and Charybdis. Remarks on the “Rule of Law”

Abstract

In contemporary discussions on law, the concept of the rule of law has gained significant attention and has become a widely used term. The concept has been particularly prominent in the Polish public discourse due to the ongoing dispute over judicial reform between Brussels and Warsaw, as well as the primacy of EU law over national law. The rule of law is often discussed in relation to the judiciary’s independence and its role in upholding principles of European, international, and Polish constitutional law. However, the multitude of definitions and the ideological abuse of the concept have raised concerns about its overuse and lack of value. This article explores the essential contestability of the concept of the rule of law and its association with political assumptions. It also examines the instrumentalization of the rule of law and the potential implications of promoting a universalistic interpretation. The article concludes by emphasizing the need for a critical examination of the concept and its application in legal discourse.