The democratic backlash in some EU countries is understood as a problem of the Rule of Law. This is misplaced but the inherent weaknesses and uncertainties of the Rule of Law contribute to illiberal regime building.
This paper by our Senior Research Fellow Andras Sajo reviews the legalism and moral turpitude that enable the prevailing cheating. It is argued that the prevailing institutions of the Rule of Law do not provide sufficient self-defense for the Rule of law: in certain circumstances the Rule of Law is its own best enemy. The principal problem of its restoration is not just its incapacity for self-correction. It is a problem of the lack of a proper public and professional mentality in “backlash” countries.