Freedom And The Rule Of Law
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Freedom And The Rule Of Law
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Author : Anthony Arthur Peacock
language : en
Publisher: Rowman & Littlefield
Release Date : 2010
Freedom And The Rule Of Law written by Anthony Arthur Peacock and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with History categories.
"Freedom and the Rule of Law takes a comprehensive look at the historical beginnings of law in the United States as well as recent developments affecting the relationship between freedom and the rule of law. Although the relationship between freedom and the rule of law has been a perennial one since America's Founding, as the contributions compiled by Anthony A. Peacock in this book make clear, it is also a theme of particular importance today." --Book Jacket.
Freedom State Security And The Rule Of Law
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Author : Anthony S. Mathews
language : en
Publisher: Univ of California Press
Release Date : 1986-01-01
Freedom State Security And The Rule Of Law written by Anthony S. Mathews and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986-01-01 with Political Science categories.
Freedom Under The Law
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Author : Alfred Thompson Denning Baron Denning
language : en
Publisher:
Release Date : 1949
Freedom Under The Law written by Alfred Thompson Denning Baron Denning and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1949 with Justice, Administration of categories.
Rule Of Law
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Author : Armando P. Ribas
language : en
Publisher: Stockcero, Inc
Release Date : 2012-02
Rule Of Law written by Armando P. Ribas and has been published by Stockcero, Inc this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02 with Philosophy categories.
There is a great confusion in the world and even more in that part of the world that considers itself as representing the Western civilization. This confusion arises in two realms: the semantics and the conceptual. The first of these confusions is the result of ignoring the ethical and the political philosophy antithesis between the Anglo-American philosophy and the Franco-German one. As Balint Vazsonyi once wrote, they are as different as day and night. At the same time, that philosophical confusion to which Dr Ribas refers as the syncretism of Western philosophy, is the pretentious nirvana of democracy in the West. Conceptually, democracy may be divided in two antithetical systems: the rule of law and the majority rule. Majority rule is the opposite of the protection of individual rights: to life, liberty, property and the pursuance of happiness. In this book Dr Armando P. Ribas exposes the fact that the apparent rights of the majorities are no more than the absolute power of governments in the name of the people, that constitutes the new deity. This is in Aristotelian terms demagoguery, and the reason why democracy fails in Latin America, as it happened in Europe where Hitler and Mussolini represented majority rule as the most common excuse: reason of the state.
The Constitution Of Freedom
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Author : András Sajó
language : en
Publisher: Oxford University Press
Release Date : 2017
The Constitution Of Freedom written by András Sajó and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
Law Liberty And The Rule Of Law
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Author : Imer B. Flores
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-09-28
Law Liberty And The Rule Of Law written by Imer B. Flores and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-28 with Philosophy categories.
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.
Freedom And The Law
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Author : Bruno Leoni
language : en
Publisher:
Release Date : 1991
Freedom And The Law written by Bruno Leoni and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
The greatest obstacle to rule of law in our time, contends the author of this thought-provoking work, is the problem of overlegislation. In modern democratic societies, legislative bodies are increasingly usurping functions that were and should be exercised by individuals or groups rather than government. The result is an unwieldy surfeit of laws and regulations that by their sheer volume stifle individual freedom.
The Ultimate Rule Of Law
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Author : David M. Beatty
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
The Ultimate Rule Of Law written by David M. Beatty and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.
The Sovereignty Of Law
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Author : T. R. S. Allan
language : en
Publisher: OUP Oxford
Release Date : 2013-07-18
The Sovereignty Of Law written by T. R. S. Allan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-18 with Law categories.
In The Sovereignty of Law, Trevor Allan presents an accessible introduction to his influential common law constitutional theory - an account of the unwritten constitution as a complex articulation of legal and moral principles. The British constitution is conceived as a coherent set of fundamental principles of the rule of law, legislative supremacy, and separation of powers. These principles combine to provide an overarching unity of legality, legitimacy, and democracy, reconciling political authority with individual freedom. Drawing on the work of Lon Fuller and Ronald Dworkin, Allan emphasizes the normative character of legal interpretation - understanding the implications of statute and precedent by reference to moral ideals of legality and liberty. Allan denies that constitutional law can be reduced to empirical facts about legislative or judicial conduct or opinion. There is no 'rule of recognition' from the lawyer's interpretative viewpoint - only a moral theory of the nature and limits of political authority, which lawyers must construct in order to make sense of legal and constitutional practice. A genuine republicanism, protecting individual independence, requires the safeguards afforded by judicial review, which must ensure that governmental action is consistent with the rule of law; and the rule of law encompasses not merely the formal equality of all before the law, as enacted or declared, but a more fundamental idea of equal citizenship. Allan's interpretative approach is applied to a wide range of contemporary issues of public law; his response to critics and commentators seeks to deepen the argument by exploring the theoretical grounds of these current debates and controversies.
The Struggle For Civil Liberties
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Author : Keith D. Ewing
language : en
Publisher:
Release Date : 2001
The Struggle For Civil Liberties written by Keith D. Ewing and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Civil rights categories.
This book is an account of the struggle for civil liberties against the State in which groups such as the anti-war protestors, the Irish nationalists, the Communist party, trade unionists, and the unemployed workers' movement found themselves involved in the first half of the twentieth century.