What do we mean when we talk about "rule of law"?

• Pages: 27-36
• Author: Fernando Rey Martínez

— 27 —

WHAT DO WE MEAN WHEN WE

TALK ABOUT “RULE OF LAW”?

FERNANDO REY MARTÍNEZ



University of Valladolid. Spain.

SUMMARY. 1. INTRODUCTION: RULE OF LAW, A POLYSEMIC CONCEPT.

2. WHAT DO I UNDERSTAND BY RULE OF LAW? 3. A GOOD EXAMPLE

OF AN ATTEMPT TO BREAK THE RULE OF LAW: THE AMNESTY LAW IN

SPAIN (2024).

1. INTRODUCTION: RULE OF LAW, A POLYSEMIC CONCEPT.

There are countless doctrinal works on the concept of rule of law. It would

be audacious to attempt to offer an answer that would clear up all the doubts.

Among other reasons, because unravelling the meaning of the rule of law faces

serious difficulties. Some derive from the various historical traditions through

which the concept has been shaped: indeed, although close, the French idea of

the principle of legality, the English idea of the rule of law or the German idea of it

have different profiles in some respects.

Other difficulties around the concept stem from its polysemic nature: for

some, the rule of law has only a formal dimension and alludes to the pre-eminent

character of the law as an expression of the popular will as opposed to other

types of norms, but for others, the rule of law has a denser content of a material

nature that makes it practically coincide with the very idea of democracy as a

form of government characterized by the radical limitation of political power and

its control. Nor is there doctrinal consensus among those who adopt the material