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Accepted Paper:
Use and Misuse of Concept of Rule of law: Actor Centric Perspective
Nargiza Kilichova
(University of Regensburg)
The paper examines the Central Asian understanding and perspective of the rule of law. In particular, it explores how this understanding has been shaped and the paths it has taken.
Paper long abstract:
The rule of law is expressed in the idea that law can be the most effective and legitimate barrier against the discriminatory and arbitrary power of the ruler. The various legal traditions in which the rule of law has developed share common elements of the rule of law. However, the national context in which they have developed has a major impact on their content, normative character, and functioning in a particular legal system. This article examines the understanding and conceptualization of the rule of law by actors such as the European Union, Russia, and selected countries in the Central Asian region. This triangular analysis (1) contrasts the different understandings of the rule of law and (2) examines the extent to which the Soviet legacy and the Russian perspective shape the current Central Asian understanding of the rule of law and (3) how and whether European engagement in rule of law reform has changed it. After a thorough introduction to the different understandings of the rule of law, challenges such as conceptual weaknesses, legal legacies, and cultural and regional peculiarities are explained.