Law in the age of power: Javier Cremades and the defense of the rule of law

In an era defined by accelerating technological power, geopolitical fragmentation, and the growing influence of private actors over public life, the question of who truly governs has never felt more urgent. Few legal thinkers are better positioned to engage with this debate than Javier Cremades, the Spanish jurist, academic, and public intellectual whose new book, Sobre el Imperio de la Ley (“On the Rule of Law”), arrives at a moment of profound institutional uncertainty.

Cremades is not a conventional legal theorist. As a practicing lawyer with international experience, president of the World Jurist Association, and a frequent commentator on democracy and governance, he writes from the intersection of law, power, and global transformation. His latest book is both diagnosis and warning: the rule of law, long assumed to be the invisible operating system of democratic societies, is under sustained pressure from technology, from populism, and from the erosion of institutional boundaries.

This concern resonates with the themes explored in the TechVille series, which examines how technology reshapes power, sovereignty, and social contracts. Cremades refuses to treat technology as neutral. Instead, he places it within a broader political and legal ecosystem, asking a deceptively simple question: what happens when innovation moves faster than law?

Beyond legal formalism

At the heart of Sobre el Imperio de la Ley is a rejection of complacency. Cremades argues that the rule of law is often invoked rhetorically while being hollowed out in practice. Laws still exist, courts still operate, constitutions remain in force, but their authority is increasingly conditional or subordinated to other forces.

This is not merely a legal problem. As Cremades frames it, the weakening of the rule of law is a civilizational issue. When legal norms lose primacy, decision-making shifts toward whoever controls data, platforms, capital, or narratives. In TechVille terms, power migrates from institutions to infrastructures.

Cremades traces this shift through multiple layers: the concentration of technological power in a handful of global companies; the temptation of governments to bypass legal safeguards in the name of efficiency or security; and the growing tolerance among citizens for exceptions and “emergency logic.” Each of these trends chips away at the idea that law is above power, rather than an instrument of it.

Technology as a stress test

One of the book’s most compelling contributions is its treatment of technology not as an external disruptor but as a stress test for legal systems. Artificial intelligence, algorithmic decision-making, and digital platforms expose the weaknesses of frameworks designed for slower, more localized societies. Cremades does not adopt a technophobic stance. On the contrary, he acknowledges the transformative potential of innovation. But he insists that technology without law does not lead to freedom, it leads to asymmetry. Those who design and control systems gain disproportionate influence, while those subject to them lose transparency, recourse, and accountability.

This argument aligns with TechVille’s observation that technological progress often outpaces democratic oversight. Whether in content moderation, data ownership, or automated governance, the key issue is not capability but legitimacy: who decides, under what rules, and who is protected when things go wrong? For Cremades, the rule of law is the only sustainable answer. Without it, societies risk replacing democratic institutions with opaque technical authority — a new form of digital feudalism.

The temptation of power

Another central theme is the perennial temptation of power to escape legal constraint. Cremades shows that while the phenomenon is not new, its scale and speed are unprecedented. In a hyperconnected world, decisions taken by a small group — whether policymakers, regulators, or platform executives — can have immediate global consequences. The margin for error narrows, and the temptation to act first and legalize later grows stronger.

Cremades is critical of the normalization of “exceptional measures.” States of emergency, special regulations, and discretionary powers, once rare and temporary, increasingly become permanent. Over time, the exception replaces the rule. For Cremades, the rule of law is not an obstacle to progress but its precondition. Societies that sacrifice legal certainty for short-term effectiveness undermine trust, investment, and social cohesion.

A civic responsibility

Importantly, Sobre el Imperio de la Ley does not place responsibility solely on institutions. Cremades devotes attention to citizens, professionals, and civil society. The erosion of the rule of law often occurs with public acquiescence. In an age of convenience, many are willing to trade rights for speed, privacy for personalization, and due process for perceived security. This quiet bargain weakens the cultural foundations of legality.

Here again, the book echoes TechVille’s concern with digital citizenship. Technology empowers individuals, but it also demands responsibility. Understanding rights, demanding transparency, and resisting arbitrary power are no longer abstract civic virtues — they are daily practices.

Europe, the world and legal leadership

While rooted in European legal tradition, Cremades’ analysis is global in scope. He views the rule of law as a universal framework capable of mediating between cultures, markets, and technologies. He is particularly attentive to Europe, which he sees as uniquely positioned to champion legal norms in the digital age. Europe lacks the raw technological dominance of the United States or China, but its comparative advantage lies in regulation, institutional design, and rights-based governance.

Whether Europe can live up to this role remains uncertain. But for Cremades, abandoning the ambition would mean ceding the future to systems driven solely by power and efficiency.

A book for the present moment

Sobre el Imperio de la Ley is not a technical legal manual. It is an essay in the classical sense: reflective, engaged, and openly concerned with the direction of society. Its tone is urgent but not alarmist, critical yet constructive.

For readers of Arab News and followers of TechVille, the book offers a sharpened lens: technology is not destiny, power is not self-justifying, and the rule of law may be the most innovative tool available to navigate the 21st century. As Cremades makes clear, the real question is not whether law can keep up with change, but whether societies still believe it should.

Rafael Hernandez de Santiago, viscount of Espes, is a Spanish national residing in Saudi Arabia and working at the Gulf Research Center.