Commitment to the Rule of Law: From a Political to an Organizational Ideal

Abstract

We are used to thinking of the rule of law as a political ideal, governing the institutions of a state. By now there is ample recognition that the rule of law also has relevance in international law and in multi-level legal orders such as the European Union. In those contexts, however, the rule of law is usually seen as a set of principles international or supranational organizations use to assess others, primarily (member) states. In this contribution, the accompanying question will be addressed what the rule of law means as a standard for international organizations themselves. A crucial preliminary question is what the rule of law concept entails in this context. I will argue that a conception of the rule of law as reduction of arbitrariness needs to given particular shape in order to function as a standard for international organizations, which needs to cover both the external conduct of the organization and its internal governance. Building on the socio-legal theories of Krygier, Selznick and the legal philosophy of Waldron, this contribution explores the extent to which the rule of law can be seen as both an organizational and a personal ideal in the international context.