September 9, 2023: Read the interview to Prof. Isabel Trujillo regarding the horizontal approach to the rule of law and the central role of virtues as balancing mean between equality and liberty.
Liberty and equality are usually considered as incompatible terms: Prof. Trujillo on contrary sees in the cooperation of these terms the possibility of realising an horizontal approach to the rule of law. Far from being the mere command of the sovereign, the rule of law according to Prof. Trujillo needs to include specific virtues belonging to judiciary authorities, such as impartiality, transparency, independence, civility, procedural fairness.
Some insights from the interview:
- “finding a desirable balance between equality and liberty is key to realising such a horizontal legal order, by encouraging cooperation and accountability among citizens, legal professionals, and authorities. This balance should ultimately ensure that the liberty and equality of citizens are protected, with laws regulating the interactions between free and equal individuals”.
- “Why is the relationship between liberty and equality so crucial to the rule of law?
It is important because liberty and equality are usually conceived as opposing, whereas the rule of law – that represents the core idea and the main role of law – implies a specific balance of both, once considered that it aims at protecting liberty but in a context of coordination. This distinguishes the legal domain – under the governance of the rule of law – from politics, ideologies, and theoretical debates on justice”.
Here the link to the interview: https://researchoutreach.org/articles/defining-rule-law-terms-liberty-equality/, and to the publication: Trujillo Isabel (2021) The legal balance between liberty and equality, Annals, 69(3), 675–689. doi.org/10.51204/Anali_PFBU_21307A.
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