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Biographical note
Raymond Wacks is Emeritus Professor of Law and Legal Theory at the University of Hong Kong, China.This is a valuable addition to the burgeoning literature on the rule of law. Wacks explores the subject from a fresh perspective.
- Patrick Elias, Former Lord Justice of Appeal, England and Wales, Cambridge Law Journal (of the 1st edition)
Does the upsurge in populism, authoritarianism, and nationalism threaten the future of the rule of law? In this highly topical book, Raymond Wacks explores the philosophical roots of the concept, and its modern, often controversial, interpretation.
He explores numerous ideological, economic, legal, and institutional attacks on the rule of law. They range from the exercise of judicial and administrative discretion, and parliamentary sovereignty to the growth of globalisation, the ‘war on terror’, and the increasing power of Big Tech and especially artificial intelligence. The author identifies which threats pose genuine risks to the rule of law, and suggests how they might be confronted to ensure that democratic freedom is successfully fortified and conserved.
Part One: Dissecting the Rule of Law
1. Introduction
2. Genesis
3. Legal Theories
4. From Rhetoric to Reason
Part Two: The Threats
5. The Judiciary
6. Administrative Discretion
7. Legalism
8. Nationalism
9. Populism
10. Critical Theory
11. Libertarianism
12. Communitarianism
13. Authoritarianism
14. Parliamentary Sovereignty
15. Emergencies
16. Capitalism
17. Globalisation
18. Artificial Intelligence
19. Counter-terrorism
20. Corruption
Part Three: Conclusion
21. Will it Survive?