Rule of Law at the Beginning of the Twenty-First Century - eBook (9789462748880)

This book provides for multi-discursive analysis of the structural challenges to rule of law at the beginning of the XXI Century. It proposes critical assessment of the adjustment of rule of law to the shifts and changes in the socio-legal context and in the institutional design on all levels of socio-legal relations - national, international and supranational and in many spheres of the social life. The book puts forward a discussion on the capability of rule of law to cope with globalization, information revolution, financial capitalism, migration, social and political (dis)integration, terrorism, transnational corporate criminality, multilevel and supranational governance and constitutional pluralism. The book commences with deliberation on the conceptual, theoretical and normative features of rule of law. It advances discussion on the relationship of rule of law to other constitutional principles such as sovereignty, democracy, welfare state, subsidiarity and solidarity. Special emphasis is put on the role of the courts - national, international and supranational, as well as of the investment arbitration for promotion or hindering of rule of law. Rule of law infringements are analysed in comparative legal and socio-legal perspective in the light of the democratic backsliding hypothesis. Last but not least, the impact of migration on democracy, welfare state, solidarity and security as basic preconditions for well-established constitutional order based on rule of law is thoroughly researched.