Cluster 1 | Back to Basics: Foundations of the Rule of Law

What is the rule of law for?

Scope. Sessions return to the basic tenets of the rule of law, democracy, and fundamental and constitutional rights. How does the rule of law relate to democracy, and in particular to majority rule? What are legitimate models of rule-of-law-based democracy, and where are the red lines? What distinguishes good-faith critique or reform of judicial institutions from undemocratic attempts to concentrate power?

Rationale. What are we trying to preserve, and why? Rather than reacting case by case, we want to move from a defensive posture to a constructive, forward-looking and “soul-searching” one. This cluster asks which components of the rule of law are essential, and how they can be re-anchored in principle and respected again in practice.