Definition and conceptualisation of the Rule of Law and the role of judicial independence therein


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The publication provides the theoretical and conceptual foundations of the rule of law, with a particular focus on the importance of judicial independence as a component of the rule of law. It analyses the relationship between judicial independence and the three components of the rule of law: the legislature and government must be able to identify a legal basis for their actions; laws should be capable of guiding people’s conduct so that they can plan their lives, knowing the legal consequences of their actions; and, as a substantive concept, the rule of law must be based on rights, justice and the ideal of accountable government. It also develops systemic deficiencies and partiality as the main risks that threaten judicial independence. Finally, the principle of the rule of law is explored in the context of the European Union as a prerequisite for the effective application of European law and for mutual trust between Member States.

Original languageEnglish (US)
Pages (from-to)165-184
Number of pages20
JournalTeoria y Realidad Constitucional
Issue number50
StatePublished - 2022


  • European Union
  • judicial independence
  • lawful authority
  • partiality
  • Rule of Law
  • systemic deficiency

ASJC Scopus subject areas

  • Political Science and International Relations
  • Law


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