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Comment by 317070

1 hour ago

Not sure if it matters, but that is at least not true for nazi-style fascism. In there, they had a very strong rule of law for most people. But, there was a dual, a parallel system where there was no law at all, it operated outside of the legal system. You could win a trial and be exhonorated, only to be taken away by the gestapo at the door of the courtroom.

It was important for the nazis to keep businesses running, and have most people continue their lives without noticing major changes. Most people would not come into contact with the second system, and barely knew it existed. But if you entered the second system, you often would not come out alive.

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317070

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applfanboysbgon  1 hour ago

If you can be whisked off to a separate system where you don't have legal rights, you by definition don't have rule of law. Literally the singular, most core principle of the concept is that all persons are equal under the law, whether they are royalty or Jewish. "Strong rule of law for most people" is an inherently contradictory phrase.

  • 317070  1 hour ago

    If you want to read more: the concept is called "the dual state" [1] after the eponymous book [0]

    I agree that the phrase is somewhat contradictory, but it is the best way to describe what was going on. As long as you were within the confines of the normative state, you experienced a rule of law. But as soon as you stepped into the prerogative state, anything could happen. So a "rule of law", except that it didn't apply to everybody, but only to most people. And importantly, the existence of the prerogative state is mostly hidden when you're in the normative state (so unlike a king, which everybody knew was outside of the law)

    [0] https://en.wikipedia.org/wiki/The_Dual_State

    [1] https://en.wikipedia.org/wiki/Dual_state_(model)

    • grey-area  2 minutes ago

      This is not true. The judiciary was undermined then wholesale replaced and courtroom trials were a sham under the nazis.

      There was no rule of law, just arbitrary decisions handed down by nazi party judges.