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Albert Hirschman Centre on Democracy
20 December 2018

What is the point of the rule of law?

On 29 November, Martin Krygier asked and answered that question in a public lecture as part of the Albert Hirschman Centre's lecture series on “Dismantling the Rule of Law?”

Martin Krygier, professor of law and social theory at the University of New South Wales, argued that debates about the rule of law should stop trying to define it and move on to understanding its purpose. Rather than adopting checklists of formal characteristics of the rule of law (e.g. a case management system, or a judicial training program), people should focus on tempering the exercise of arbitrary power. This, Krygier argued, is the point of the rule of law - to make sure that arbitrary power is exercised in a controlled, predictable, and respectful fashion. Applying his analysis to the current situation in Poland, Krygier suggested that, while Polish reforms might pass a rule of law checklist, they did not temper arbitrary power - which would require a broader social and political change. For Krygier, the Polish situation served as a reminder that the rule of law, if it was to be anything, must be an institutional project - a set of values continually embedded in the politics and society of a place.