Source: Brownstone Institute
by Ramesh Thakur
“Lawfare, when weaponised, can pose a double threat to democracies. Domestically, the rule of law is an integral component of the theory of liberal democracy, and it underpins the institutions and practices of democratic governance. The expansion of the role of the state in regulating an increasing range of individuals’ and private entities’ behaviour has led to a proliferation of lawfare that can frustrate the ability of governments to govern and, in turn, lessen their legitimacy. In its international dimension, the rule of law should tame the exercise of power by states and mediate relations between the strong and the weak and the rich and the poor. However, illiberal states have no scope for activists using law to rein in their excesses, and no effective checks can be exercised on the strong behaving badly.” (11/24/25)