The Role of the Judiciary and the Rule of Law - Judicial un-involvement in the wake of the Me Too-Movement

Sammanfattning: Publishing rape allegations on social media whilst not involving the administration of justice became a significant phenomenon in the wake of the Me Too-Movement. Exemplified through two prime examples, the judicial un-involvement, arguably a questioning of the assumption that the law is the powerholder in the state, will be claimed to have been a departure from the concept of the Rule of Law. The Rule of Law, emphasized as crucial in democratic societies and further worthy of protection of defense, transformed states from states of unpredictability and instability to states where people no longer had to obey the unrestrained wills of the men in power. Presenting concepts characterized by the absence of the Rule of Law, the latter will be deemed the single concept justified to govern a democratic society. The actions carried out in the wake of the Me Too-Movement will further be discussed in the context of being characterized as significantly unwanted and severe in effect, argued to threaten not only the abovementioned core assumption of the concept of the Rule of Law, but the main protector of it. The argued, worrying trend of judicial un-involvement might, in the long term, have adverse consequences for the Rule of Law. Arguing the actions to be legally unjustifiable, although not denying the legislative imperfections connected to sexual criminality, the protection and defense of the Rule of Law must be emphasized. In the fine balance between the Rule of Law on the one hand, and freedom to voice dissent on the other, it is important to find solutions to legislative imperfections within the Rule of Law, or we risk damaging the system we are seeking to improve. The engagement of the people must continue, to avoid creating mere spectators in the sport of democracy.