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.
I wouldn't say the rule of law is an illusion - it's a social construct or a social tradition. The rule of law has had real power in the past, and has often given the minority power over the majority.
The problem is that as a social construct, it will break down if too few people believe in it. And that's what is starting to happen here.
The rule of law is pretty similar to money actually - it only has power if people believe it has power.
I don't think it merely a social construct, or that the problem is that too few people believe in it. My point is that sometimes efforts to fulfil its promises have resulted in the promises being further out of reach.
The thing about a convenient fiction or illusion of this sort is that the duty to preserve it constrains abuses. In this way it is very different from, say, the value of a US dollar. So I think you are discussing the rhetorical norm (which is a social construct) while I am discussing the promise which is forever out of reach.
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.