Getting To The Rule Of Law
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Getting To The Rule Of Law
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Author : James E. Fleming
language : en
Publisher: NYU Press
Release Date : 2011-09-01
Getting To The Rule Of Law written by James E. Fleming and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-01 with Political Science categories.
The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about 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 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? In Getting to the Rule of Law a group of 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 Comparative Perspective
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Author : Mortimer Sellers
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-07-23
The Rule Of Law In Comparative Perspective written by Mortimer Sellers 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 2010-07-23 with Law categories.
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.
Authoritarian Rule Of Law
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Author : Jothie Rajah
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-16
Authoritarian Rule Of Law written by Jothie Rajah and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-16 with Law categories.
Through a focus on Singapore, this book presents an analysis of authoritarian legalism, showing how prosperity, public discourse, and a rigorous observance of legal procedure enable a reconfigured rule of law - liberal form but illiberal content. It shows how institutions and process become tools to constrain dissenting citizens while protecting those in political power.
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 Rule Of Laws
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Author : Fernanda Pirie
language : en
Publisher: Profile Books
Release Date : 2021-11-18
The Rule Of Laws written by Fernanda Pirie and has been published by Profile Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-18 with Law categories.
'A fascinating, comprehensive study that forces us to think again about what law is, and why it matters ... For those who want to understand why human society has emerged as it has, this is essential reading' Rana Mitter, author of China's Good War The laws now enforced throughout the world are almost all modelled on systems developed in Europe in the eighteenth and nineteenth centuries. During two hundred years of colonial rule, Europeans exported their laws everywhere they could. But they weren't filling a void: in many places, they displaced traditions that were already ancient when Vasco Da Gama first arrived in India. Where, then, did it all begin? And what has law been and done over the course of human history? In The Rule of Laws, pioneering anthropologist Fernanda Pirie traces the development of the world's great legal systems - Chinese, Indian, Roman, and Islamic - and the innumerable smaller traditions they inspired.
Handbook On The Rule Of Law
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Author : Christopher May
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-08-31
Handbook On The Rule Of Law written by Christopher May and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-31 with Law categories.
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.
The Chinese Road Of The Rule Of Law
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Author : Lin Li
language : en
Publisher: Springer
Release Date : 2018-06-06
The Chinese Road Of The Rule Of Law written by Lin Li and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-06 with Law categories.
This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author’s strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China.
Opposing The Rule Of Law
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Author : Nick Cheesman
language : en
Publisher: Cambridge University Press
Release Date : 2015-03-12
Opposing The Rule Of Law written by Nick Cheesman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-12 with History categories.
A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.
A Citizen S Guide To The Rule Of Law
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Author : Adis Nicolaidis, Kalypso Merdzanovic
language : en
Publisher: BoD – Books on Demand
Release Date : 2021-04-20
A Citizen S Guide To The Rule Of Law written by Adis Nicolaidis, Kalypso Merdzanovic and has been published by BoD – Books on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-20 with Law categories.
In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.
The Rule Of Law
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Author : Christopher May
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014
The Rule Of Law written by Christopher May and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
For too long, the rule of law has been assumed as opposed to rigorously interrogated. Christopher May's excellent study not only draws attention to this oversight, but also lucidly demonstrates how and why the rule of law rule of law has achieved the status of common sense of global politics. For anyone interested in the legalization of global politics as well as its social, political and ideological consequences, this superb book is essential reading.' - Susanne Soederberg, Queen s University, Canada This timely book explores the complexities of the rule of law - a well-used but perhaps less well understood term - to explain why it is so often appealed to in discussions of global politics. Ranging from capacity building and the role of the World Bank to the discourse(s) of lawyers and jurisprudential critiques, it seeks to introduce non-lawyers to the important and complex political economy of the rule of law. In accessible terms, Christopher May argues that we can no longer merely use the idea of the rule of law without question but rather must appreciate its multifaceted and contested character if we are to begin to understand how and why it is now seen as a 'good thing' across the political spectrum. He expertly examines the problems encountered by rule of law programes in post-conflict and developing countries, as well as presenting the range of contested meanings of the term. The author also considers the possibility of establishing a pluralistic account of the rule of law and investigates the plausibility of an international rule of law. By building on and extending debates in socio-legal studies about the social role of law, and dealing with issues largely absent from international political economy this book will be of great interest to socio - legal scholars and political economists. It also presents an overarching analysis of the manner in which politics and law interact that will be of great value to political scientists and development economists. Contents Preface Introduction: The Rule of Law as the Common Sense of Global Politics 1. The Rule of Law as Social Imaginary, A Methodological Interlude: How I Do (Global) Political Economy 2. Defining the Rule of Law, Between Thick and Thin Conceptions 3. The Rule of Law and the Legaliization of Politics 4. Building the Rule of Law With a Political Focus 5. Building the Rule of Law With an Economic Focus 6. Global Constitutionalism. The Rule of Law by Another Name? 7. One Rule of Law or Many? Internal and External Challenges to the Rule of Law 8. Concluding Thoughts Bibliography Index