Regardless of the conception of the rule of law one endorses, it is widely agreed that a political system whose institutions fail to limit political power or to provide adequate legal guidance and protection to its citizens falls short of the requirements of the rule of law. From this perspective, analyzing the pathologies of institutional arrangements that fail to constrain political power, provide legal guidance, or protect individuals can shed light on a wide range of phenomena that undermine the rule of law as a political ideal and deserve theoretical attention. This is particularly pressing in light of the new challenges posed by the rapid development of AI and digital platforms as new centers of largely unregulated power.
In light of the above, this panel invites contributions that offer fresh insights into the theoretical and practical issues, phenomena, and implications surrounding the ideal of the rule of law and the ways in which institutional pathologies are able to undermine it. The panel is organized around three main thematic areas, although submissions addressing related topics that do not fit neatly within these categories are also welcome.
A) Conceptual Analysis
This thematic area invites submissions offering conceptual or theoretical discussions of the central notions addressed by the panel, including the rule of law, institutional pathologies, the regulation of political power, legal protection, and related concepts. Contributions exploring previously overlooked connections among these ideas are particularly welcome.
B) Historical Analysis
This thematic area welcomes submissions examining thinkers, traditions, or historical figures who made significant or insufficiently recognized contributions to the defense of the rule of law or to the understanding of institutional pathologies and the regulation of political power. Contributions situating these ideas within relevant historical processes or contexts are also encouraged.
C) Institutional Analysis and Public Policy
This thematic area invites submissions analyzing institutional pathologies that undermine the rule of law, as well as normative or methodological proposals for designing public policies to address them at the national or international level.