The article’s goal is to outline the relation between desuetudo, understood mainly as a derogation of an out-of-date norm while it is formally validated and remains an element of a legal system, and a formal interpretation of the rule of law. In the course of the analysis desuetudo is confronted with six formal postulates of the rule of law. The results of the analysis show that while the premises of desuetudo are relatively compatible with the rule of law, other elements interfere with it.
