The Twilight of the Rule of Law and the Mob

Magyar Nemzet's opinion section delves into the nuanced concept of the 'rule of law,' a cornerstone of Anglo-Saxon jurisprudence, and contrasts it with the more state-centric notions prevalent in continental Europe. Albert Venn Dicey's seminal work provides a framework, defining rule of law as the absence of arbitrary power, the principle that everyone, even the monarch, stands equal before the law, and that citizens' rights stem from judicial precedent rather than abstract constitutional declarations. This distinction is crucial: the Anglo-Saxon tradition prioritizes individual liberty, while continental approaches, particularly German interpretations, have sometimes emphasized state regulation.

The piece critically examines the modern conflation of 'law' (Gesetz, loi, törvény) and 'justice' (Recht, droit, jog). In Hungarian, as in many European languages, this distinction is linguistically preserved, unlike in English where 'law' often encompasses both. This semantic difference mirrors a deeper divergence in legal philosophy. The author contends that contemporary relativist worldviews allow for a blurring of these lines, enabling powerful actors to legitimize actions through formal legality, even when they may be substantively unjust. The core issue, it is argued, is whether democratic systems can effectively curb the 'power structures' that inevitably form around the state and resist the 'raw political will' that can override legal principles.

From our perspective at Magyar Nemzet, this discussion is particularly relevant in the current European context. We observe a tendency in some Western narratives to present a monolithic view of the 'rule of law,' often overlooking these historical and philosophical divergences. The article implicitly critiques the application of external legal standards that may not fully appreciate the distinct traditions shaping legal thought and practice within Hungary and Central Europe. The emphasis here is on the historical development of law rooted in custom and judicial decision, safeguarding individual freedoms against state encroachment, a perspective that resonates deeply with our national legal heritage. The potential for political expediency to masquerakde as legality is a constant concern that requires vigilant scrutiny, a scrutiny that is perhaps more keenly felt when viewed from our region's historical experiences.