The Rule of Law Needs a Soul
The hubris of much liberal legal thinking has been to assume that once a rule-of-law regime is in place, it will be almost perpetually self-sustaining. But the mounting constitutional disarray in the Anglo-American world points to fundamental flaws in the prevailing liberal theory of institutions.
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CAMBRIDGE – The Anglo-American world, once a shining beacon of the “rule of law,” is sliding into constitutional disarray. In the United States, President Donald Trump’s administration is testing the resilience of the system of checks and balances to the breaking point. In Brexit Britain, meanwhile, the debate on European Union membership is threatening to rip the country apart, or, worse still, splinter it into pieces.