Rule of Law

Rule of law, uncontroversially perceived as a good thing, is often used with less precise definition of what it actually is. In 2021 a series of webinars were organized by researchers at Juridicum, and it was noticed that the understanding of the rule of law differed, depending on legal backgrounds, which spanned several different areas of law, such as procedural law, criminal law, tax law, public international law and private law. Those seminars sparked curiosity and it was decided to deepen the reality check on the rule of law – is the rule of law, as it is traditionally defined and protected by the law, fit for contemporary challenges? The aim is to lay the foundation for a research project where the rule of law is evaluated with regard to the challenges in today’s society such as the Covid 19 pandemic, the changed world situation due to the war in Ukraine and digitalization and increased datafication of human activities. The project includes defining the rule of law, examining whether and to what extent it is robust and matches today's challenges, and if and how it needs to be redefined to meet these challenges.

Internationally States agree that the rule of law is meant to operate in national systems: Domestic courts may well be the key components also in the protection of the international rule of law. Thus, international and domestic rule of law are not irreconcilable; they should be seen as fundamentally interdependent. This interdependence is yet another issue worth exploring.