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: 9550

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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.

Global Perspectives on the Rule of Law

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

Publisher: Routledge

ISBN: 1135202664

Category: Law

Page: 358

View: 8452

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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.

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

View: 7049

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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).

China's Journey Toward the Rule of Law

Legal Reform, 1978-2008

Author: Cai Dingjian,蔡定剑,王晨光

Publisher: BRILL

ISBN: 9004184198

Category: Law

Page: 557

View: 3543

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The Thirty years since China s reform and opening have been very eventful for the country s legal reforms, and this volume presents a multi-disciplinary look at the current scholarship going on in China on the subject. The articles have been translated into English to assist scholars worldwide in understanding China s recent legal history and also to help familiarize them with the currents of contemporary Chinese scholarship. Individual subjects include commercial law, the evolving relationship between the Chinese government and its citizens, administrative law and criminal justice. There are also chapters on newly emerging areas of the law that are crucial to China s future development, such as the chapters on environmental law and intellectual property. The volume also includes a chapter on legal education and the legal profession, judicial reform and the development of law to protect the rights of the disadvantaged.

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: 609

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Objectivity and the Rule of Law

Author: Matthew Kramer

Publisher: Cambridge University Press

ISBN: 1139463969

Category: Philosophy

Page: N.A

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What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted.

Freedom and the Rule of Law

Author: Anthony Arthur Peacock

Publisher: Rowman & Littlefield

ISBN: 9780739136188

Category: Law

Page: 293

View: 9140

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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.

Handbook on the Rule of Law

Author: Christopher May,Adam Winchester

Publisher: Edward Elgar Publishing

ISBN: 1786432447

Category: Law

Page: 576

View: 3435

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The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.

Globalisation and the Rule of Law

Author: Spencer Zifcak

Publisher: Routledge

ISBN: 113433947X

Category: Law

Page: 232

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Globalisation and the Rule of Law reassesses the idea of the 'rule of law' within the present complex and increasingly internationalized environment. There have been many books studying the phenomenon of globalization and its economic, social or cultural consequences. This book, however, is the first to relate globalization exclusively to law. It examines the impact of globalization upon the rule of law, a fundamental value within liberal democratic sovereign states. The book opens with three chapters discussing the theory of the rule of law and its necessary reconceptualization in a global environment. Then, in three sections considering global trade, security and human rights, it proposes new ways of thinking about global law and its application in new and existing institutions of global governance. Contributors include top-flight academics, politicians and judges, making this book significant and relevant in both jurisprudential theory and political practice.

Interpretation of Law in the Age of Enlightenment

From the Rule of the King to the Rule of Law

Author: Yasutomo Morigiwa,Michael Stolleis,Jean-Louis Halperin

Publisher: Springer Science & Business Media

ISBN: 9789400715066

Category: Philosophy

Page: 193

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A collaboration of leading historians of European law and philosophers of law and politics identifying and explaining the practice of interpretation of law in the 18th century. The goal: establishing the actual practice in the Age of Enlightenment, and explaining why this was the case. The ideology of the Age was that law, i.e., the will of the sovereign, can be explicitly and appropriately stated, thus making interpretation redundant. However, the reality was that in the 18th century, there was no one leading source of national law that would be the object of interpretation. Instead, there was a plurality of sources of law: the Roman Law, local customary law, and the royal ordinance. However, in deciding a case in a court of law, the law must speak with one voice. Hence, interpretation to unify the norms was inevitable. What was the process? What role did justification in terms of reason, the hallmark of the Enlightenment, play? These are some of the questions addressed.

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: 1387

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Judicial Reconstruction and the Rule of Law

Reassessing Military Intervention in Iraq and Beyond

Author: Angeline Lewis

Publisher: Martinus Nijhoff Publishers

ISBN: 9004228101

Category: Law

Page: 266

View: 6259

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Challenging the dominant rhetoric of international rule of law operations, this work reasserts the centrality of the community in building its own relationship with law, counselling military interveners to refocus exclusively on restoring security using their extraordinary powers under international law.

The Rule of Law

Author: Tom Bingham

Publisher: Penguin UK

ISBN: 0141962011

Category: Law

Page: 224

View: 6020

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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.

Legal Method and the Rule of Law

Author: Sebastián Urbina

Publisher: Springer Science & Business Media

ISBN: 9789041118707

Category: Law

Page: 247

View: 2531

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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.

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

View: 6882

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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.

The Rule of Law

Author: Ian Shapiro

Publisher: NYU Press

ISBN: 9780814780244

Category: Law

Page: 396

View: 9710

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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).

Law, Liberty, and the Rule of Law

Author: Imer B. Flores,Kenneth E. Himma

Publisher: Springer Science & Business Media

ISBN: 9400747438

Category: Philosophy

Page: 190

View: 9764

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In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.