ABSTRACT

This chapter demonstrates the truth of these propositions in a specific and recent context: that in which 'the rule of law' has become a global logo. In the last 20 to 30 years, rule-of-law-as-panacea has become extraordinarily popular. Rule of law is today an international hurrah term, on the lips of every political leader, development agency and world body, offered as a support for economic growth, democracy and human rights. East European dissidents preached 'apolitical politics', the 'power of the powerless', civil society. They abhorred conventional politics in general, and in event there was no place for them in Communist states. The rule of law came to be seen, in many ways, as a convenient substitute for human rights. The important move was the recognition that purely international approaches to human rights protection were insufficient without strong counterparts in domestic law. Events such as the Helsinki process drew attention to the lack of protection for human rights in domestic institutions.