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There has been a global tendency towards the growth of judicial control over the last decades. Have we transited from a rule of law to a rule of rights? The paper offers a brief description of the scope of the institutional transformations around the world and its underlying narrative. It describes the liberal ideals that inspired the concept of a rule of law and argues that these have been profoundly perverted by the institutional transformation legal systems have experienced. I suggest that the transit to a rule of rights jeopardises some of our core democratic values, privatising our politic disputes and eroding our common world.

From the rule of law to a rule of rights Political theory – public law – enlightenment – rule of law – public sphere