I think the fundamental problem is that "rule of law" is a convenient fiction, which is basically a way of encouraging people to believe that we have more limits on governmental abuses than we do. The problem though is that all decisions have to be made by individuals, not laws, and laws are subject to selective enforcement and so forth.

For example, mandatory sentencing takes power out of the hands of judges to adjust sentences. It is argued that this makes the system more predictable and fair, but what it really does is transfers that power to the hands of prosecutors, and thus makes the system less predictable and fair.

What is happening right now is that this illusion is being ripped apart.