Challenging the Rule of Political Liberalism

Abstract

Abstract The origin of the ongoing conflict between the EU and Poland may, according to the author, partly be subscribed to the EU-institutions conceptualization of the rule of law. This conceptualization, which in the article is referred to as “the rule of political liberalism”, establishes a particular set of legal institutional and substantial frames and limits for national democratic politics. Granted that the rule of law is an inherently contested concept, the author deconstructs the rule of political liberalism, reveals its weaknesses and ideological bias and proposes an alternative understanding of the rule of law. “The rule of pragmatism” is based on a pragmatic conceptualization of the law, and proscribes a regard for social context and consequences rather than abstract constructions and (good) intention. If applied by the EU institutions, the rule of pragmatism will secure greater legal and political pluralism in Europe and thus contributes to the mending of EU’s legitimacy deficit.