Democracy and the Rule of Law

Author: Adam Przeworski,José María Maravall

Publisher: Cambridge University Press

ISBN: 9780521532662

Category: Law

Page: 321

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Addresses why governments sometimes follow the law and other times choose to evade the law.

Getting to the Rule of Law

Author: James E. Fleming

Publisher: NYU Press

ISBN: 0814728782

Category: Law

Page: 311

View: 8254

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The rule of law has been celebrated as an unqualified human good and promoted around the world to secure economic development and political freedom. Yet there is considerable disagreement about just what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an inner morality of law, or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When, if ever, are exertions of executive power outside the law justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? What institutions or measures might be effective in bounding or checking such power? What are the promise and perils of attempting to build the rule of law after military interventions in conflict-ridden societies?When the might of intervening governments is brought to bear to make rights, does it distort rights and inflict costs that may more than offset the potential gains? In Getting to the Rule of Law a group of prominent, thoughtful contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications on the ground in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power outside the law is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.

The Rule of Law in America

Author: Ronald A. Cass

Publisher: JHU Press

ISBN: 9780801874413

Category: Law

Page: 214

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What is the rule of law? Why does it matter? How well does America conform to the rule of law? And why do Americans, who profess such respect for the law, complain so often about our legal system? Drawing upon extensive experience in law, government service, teaching, and research, Boston University law school dean Ronald Cass offers a welcome contribution to the ongoing public discussion on law and society. After opening his discussion with chapters on the rule of law in American society, Cass turns to the hard case of its application to the president of the United States. Through this prism Cass examines the behavior of judges who may not always act according to a "perfect model." They may not always be perfectly constrained by law or achieve perfect justice through law. That, however, is the wrong thing to ask. Instead, says Cass, "looking at the ordinary case -- and asking not whether the decision advances particular aspirations for society, but whether it conforms to basic aspects of legal authority -- produces a more law-governed view of America judging." In fact, this book provides a much-needed corrective to criticism of the American legal system raised all too frequently by members of the academy and by politicians. Rather than concentrating on relatively minor inconsistencies in the law and slight departures from the ideal of perfectly constrained decision making, Cass argues that the energies of his fellow scholars could be better spent on more serious defects in the legal system. With a special section on the 2000 presidential election, including the Florida recount and Supreme Court decision, The Rule of Law in America offers a timely look at a subject of interest to legal scholars and general readers alike..

The Rule of Law

Author: Cheryl Saunders,Katherine Le Roy

Publisher: Federation Press

ISBN: 9781862874596

Category: Law

Page: 202

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The rule of law is acknowledged worldwide as central to good governance. Yet there often appears a huge gap between theory and practice, the acknowledgement no more than lip service. Where are the gaps? What are the problems? What is meant by 'the rule of law'? This book brings together the views of an extraordinary range of well-known authors. It contains essays by: Chief Justice Murray Gleeson, High Court of Australia; Justice Louise Arbour, Supreme Court of Canada; Justice Ruth Bader Ginsburg, Supreme Court of USA; Dr Radhika Coomaraswamy, the UN Special Rapporteur on Violence against Women; and Professors Saunders (Australia), Dyzenhaus (Canada) and Troper (France). Each essay is followed by a substantial comment by a distinguished Australian jurist - Justices Gaudron and Hayne, Sir Anthony Mason, Elizabeth Evatt, and Professors Saunders and McCormack - to highlight the relevance of the issues raised for Australia. The essays cover issues such as: the debate about the meaning and application of the rule of law, nationally and internationally; the gaps between the theory and practice of the rule of law; relations between governments and people; the tensions between the judiciary and the elected branches of government (for example, ouster of the jurisdiction of the Australian courts); international criminal justice; and the position of women in situations of conflict and insurrection. The analyses in the book draw on topical events ranging from the Florida appeal in the election of President Bush (Justice Ginsburg) to the indictment of Slobodan Milosevic at the War Crimes Tribunal (Justice Arbour, who was prosecutor).

Legal Method and the Rule of Law

Author: Sebastián Urbina

Publisher: Springer Science & Business Media

ISBN: 9789041118707

Category: Law

Page: 247

View: 7788

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We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.

The Rule of Law in Comparative Perspective

Author: Mortimer Sellers,Tadeusz Tomaszewski

Publisher: Springer Science & Business Media

ISBN: 9789048137497

Category: Law

Page: 253

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This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

The Rule of Law

Political Theory and the Legal System in Modern Society

Author: Franz Neumann

Publisher: Berg Pub Limited

ISBN: N.A

Category: Law

Page: 349

View: 909

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The Rule of Law

Author: Ian Shapiro

Publisher: NYU Press

ISBN: 9780814780244

Category: Law

Page: 396

View: 4986

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From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law. This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically elected majorities--to the requirements of law, is here explored by leading legal and political thinkers. Part I of The Rule of Law examines the interplay of democracy and the rule of law, while Part II focusses on the centuries-old debate about the meaning of the rule of law itself. Part III takes up the constraints that rationality exercises on the rule of law. If the rule of law is desirable partly because it is rational, then departures from that rule might also be desirable in the event that they can be shown to be rational. Part IV concentrates on the limits of the rule of law, considering the tensions between liberalism and the rule of law which exist despite the fact that reasoned commitment to the rule of the law is preeminently a liberal commitment. Contributing to the volume are: Robert A. Burt (Yale University), Steven J. Burton (University of Iowa), William N. Eskridge, Jr. (Georgetown University), John Ferejohn (Stanford University), Richard Flathman (Johns Hopkins University), Gerald F. Gaus (University of Minnesota, Duluth), Jean Hampton (University of Arizona), Russell Hardin (University of Chicago), James Johnson (University of Rochester), Jack Knight (Washington University), Stephen Macedo (Harvard University), David Schmidtz (Yale University), Lawrence B. Solum (Loyola Marymount University), Michael Walzer (Princeton University), Catherine Valcke (University of Toronto), and Michael P. Zuckert (Carleton College).

The Rule of Law

Author: Tom Bingham

Publisher: Penguin UK

ISBN: 0141962011

Category: Law

Page: 224

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'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.

The Rule of Law

Politicizing Ethics

Author: Michael Neumann

Publisher: Ashgate Pub Limited

ISBN: 9780754605256

Category: Philosophy

Page: 161

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The rule of law neither celebrates human rights nor simply ratifies whatever happens to be on the statute books. At its core it simply guarantees that laws, however immoral or unjust, penalise people only for what they do, and never for what they are. Yet even when its moral accretions are stripped away, the rule of law offers protections that morality itself has trouble maintaining.This book draws on contemporary moral theory, philosophy of law and political theory to explore the rule of law. Offering new perspectives on contemporary moral issues, particularly those related to race relations, cultural diversity, and 'political correctness', Neumann argues that the rule of law does not compete with morality, but complements it, suggesting how, if we cannot find principles suitable to our societies, perhaps we can make societies that fit our principles.

Ethics and the Rule of Law

Author: David Lyons

Publisher: Cambridge University Press

ISBN: 9780521277129

Category: Law

Page: 229

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This clear and systematic introduction to the philosophy of law attempts to answer some important questions about the nature of law and its relationship to social norms and moral standards.

The Dynamics of Power and the Rule of Law

Essays on Africa and Beyond ; in Honour of Emile Adriaan B. Van Rouveroy Van Nieuwaal

Author: Wim M. J. van Binsbergen,Riekje Pelgrim

Publisher: N.A

ISBN: 9783825867850

Category: Social Science

Page: 337

View: 5454

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Global Perspectives on the Rule of Law

Author: James J. Heckman,Robert L. Nelson,Lee Cabatingan

Publisher: Routledge

ISBN: 1135202664

Category: Law

Page: 358

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Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits. Written for scholars, practitioners, and policy-makers, Global Perspectives on the Rule of Law offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth century England and the Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area.

Democracy

The Rule of Law and Islam

Author: Eugene Cotran,Adel Omar Sherif

Publisher: BRILL

ISBN: 9789041111852

Category: Religion

Page: 578

View: 9505

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This important collection of articles, contributed by eminent scholars, judges & legal practitioners, addresses the fundamental issues of human rights, democracy, the rule of law & Islam. It covers a broad & diverse range of topics & discusses key issues & questions such as: . What lessons should emerging democracies learn from mature democracies in the promotion of human rights & respect for the rule of law? . Are democratic processes & human rights standards in the developed world really models that should be adopted by developing countries? . How are human rights protected in Islam & the Middle East? . What is Islamic constitutionalism & how does Islamic law provide for a democratic system of government? The book argues that the development of the rule of law, democracy & respect for human rights should be a process of interaction & integration on a global scale. In addition, it stresses that the integration of previously closed societies into the process of globalisation must take into account the indigenous traditions already existing in such societies, & the extent to which they will contribute to, & benefit from, the process as a whole.

Crisis in the Gulf

enforcing the rule of law

Author: John Norton Moore

Publisher: Oxford University Press, USA

ISBN: N.A

Category: History

Page: 677

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Discussions of the unlawfulness of the Iraqi invasion, the lawfulness of the International Community response, and the Iraqi arguments made against the military response are presented here. The key United Nations resolutions issued during the 1991 Gulf War - explained and reprinted here - formed the foundation on which the 2003 war against Iraq was justified. Additional topics and coverage include: Alternative enforcement mechanisms, legal issues, and considerations on the maintenance of peace and safety in the region Reparations, war crimes trials, and permitted reprisals Legal issues under the United States constitution A postscript on controlling the scourge of war - toward a more peaceful future A photo-journal of the author's attendance on the Freedom Flight documenting the destruction in the area and the warm welcome of the local citizens.

Perestroika and the Rule of Law

Soviet and Anglo-American Perspectives

Author: William Elliott Butler

Publisher: I.B.Tauris

ISBN: 9781850433163

Category: Political Science

Page: 199

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The key to Gorbachev's reforms is the creation of a state in which the rule of law is sovereign. In this book Soviet and British and American jurists discuss the nature and role of the law in society, and assess the possibilities and difficulties of establishing a legal system based on the values and principles of Western democracies in the USSR. Among the topics covered are the role of a constitution, the status of political parties, the importance of glasnost, the question of individual rights and the meaning of pluralism.

Elusive Reform

Democracy and the Rule of Law in Latin America

Author: Mark Ungar

Publisher: Lynne Rienner Publishers

ISBN: 9781588260352

Category: Political Science

Page: 273

View: 1949

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Elusive Reform explores one of the Latin American countries' biggest challenges: establishing a rule of law. Based on a close examination of historical patterns, it demonstrates how executive power and judicial disarray thwart progress toward judicial independence, state accountability, and citizen access to effective means of conflict resolution. Ungar critiques the wide spectrum of agencies responsible for enforcing the law, from the police and prisons to provincial governors, the attorney general, and the judiciary itself. He similarly analyzes the region's most recent reform innovations, among them judicial councils, national ombudsmen, and community justice forums. Although his focus is on Argentina and Venezuela, he presents valuable material on other Latin American countries, particularly Bolivia. Exposing many overlooked vulnerabilities of Latin America's democratic institutions, Elusive Reform broadens our understanding of democracy itself. Ungar explores one of the Latin American countries' biggest challenges: establishing a rule of law.

Terrorism Law

The Rule of Law and the War on Terror

Author: Jeffrey F. Addicott

Publisher: Lawyers & Judges Publishing Company

ISBN: 9780913875759

Category: Law

Page: 458

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Since the events of September 11, 2001, the world has entered into a period fraught with uncertainty and yet there shines a renewed hope to enlarge the peace and advance human rights. The central hope of the War on Terror rests in the great promise of a world more fully based on governments who adhere to human rights and democratic values. It offers a chance to advance human rights and democracy in areas of the world heretofore untouched. America's strongest weapon in the War on Terror does not rest with our military might or police functions. America's strongest weapon is our uncompromising commitment to the freedoms and civil liberties embodied in our Constitution and reflected in the U.N. Charter. The United States of American can only be successful if we follow a rule of law roote in human rights and democratic principles.Terrorism, like crime, can never be completely eradicated. At the time the first edition was published we were just entering our War on Terror. Although it was realized at the time that legal and policy challenges would exist, no one could have predicted exactly what events would take place. We have made progress in finding and arresting terrorists,including some of the top leaders of al-Qaeda, however our fight is not over. In the last few years our war on terror has lead us into Afghanistan and Iraq, Saddam Hussein has been captured, and a new Iraqi government has been established.The second edition of Winning the War on Terror, has been updated to include some of our nations biggest changes in fighting the war. This book highlights some of the legal and policy challenges that confront the United States, and emphasizes the importance of developing capable military forces while promoting democracy as the long-term solution to terrorism. It includes new chapters on the Iraqi war, the Iraqi democracy, the Supreme court decisions on detainees, the interrogation techniques of the US and cyber terrorism.TOPICS INCLUDE What is terrorism? The War on Terror Expanding the War on Terror Civil liberties and the War on Terror Necessity for laws of war Avoiding terrorism Leading the wayPax Americana or the rule of law? The role of the military and Army Special Forces in promoting human rights America must stay the course

Freedom and the Rule of Law

Author: Anthony A. Peacock

Publisher: Rowman & Littlefield

ISBN: 0739136208

Category: Political Science

Page: 302

View: 8982

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Freedom and the Rule of Law takes a critical look at the historical beginnings of law in the United States, and how that history has influenced current trends regarding law and freedom. Anthony Peacock has compiled articles that examine the relationship between freedom and the rule of law in America. The rule of law is fundamental to all liberal constitutional regimes whose political orders recognize the equal natural rights of all.