Militant Rule of Law

Abstract

To protect the rule of law based legal system against abusive use of the loopholes, imperfections, contradictions of the law, to avoid legal inertia legal positivist arguments are needed to convince and mobilize the legal mind. The same applies when the blind fortune of democracy provides the opportunity to erase the legally enthroned injustice and domination of illiberal regimes. When it comes to legal enactments that serve legal cheating the rule of law must respond to systemic abuse of the law, and that requires and justifies a rule of law based exceptionalism and a systemic remedy.

Keywords

• Principle of Legality
• Rechtsstaatsprinzip
• Rule of Law
• Sajó András | 1949- | Richter Jurist
• systemic failure
• Rechtsstaatsprinzip