Lawfare And Judicial Legitimacy
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Lawfare And Judicial Legitimacy
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Author : Kate Dent
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-28
Lawfare And Judicial Legitimacy written by Kate Dent and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-28 with Law categories.
Lawfare is a complex and evolving concept with many permutations. It is a term that is used to describe both a judicialisation of politics where the Constitutional Court is called upon to uphold constitutional responsibilities, compensating for institutional failures in the broader democratic space, and instances where there is abuse of the legal process to escape accountability. When the court is dragged into politics, it forces an examination of the legitimate scope of judicial review. This book explains how judicialisation of politics leads to the politicisation of adjudication and further weaponisation of the law. Exploring the judicial-political dynamics of South Africa from 2009 onwards, the work traces the consequences of the judicialisation of politics for institutional resilience and broader constitutional stability. Through an in-depth study of judicial legitimacy, the book seeks to provide an overarching theoretical justification for the dangers that inhere in lawfare. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance when trying to navigate the Court safely through the era of lawfare. South Africa offers an interesting crucible within which to observe an unfolding global trend. Strengthened by its comparative focus, the implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world. The book will be of interest to researchers, academics and practitioners working in the areas of Constitutional Law and Politics.
Lawfare And Judicial Legitimacy
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Author : Kate Dent
language : en
Publisher:
Release Date : 2023-07
Lawfare And Judicial Legitimacy written by Kate Dent and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07 with categories.
Lawfare is a complex and evolving concept with many permutations. It is a term that is used to describe both a judicialisation of politics where the Constitutional Court is called upon to uphold constitutional responsibilities, compensating for institutional failures in the broader democratic space, and instances where there is abuse of the legal process to escape accountability. When the court is dragged into politics, it forces an examination of the legitimate scope of judicial review. This book explains how judicialisation of politics leads to the politicisation of adjudication and further weaponisation of the law. Exploring the judicial-political dynamics of South Africa from 2009 onwards, the work traces the consequences of the judicialisation of politics for institutional resilience and broader constitutional stability. Through an in-depth study of judicial legitimacy, the book seeks to provide an overarching theoretical justification for the dangers that inhere in lawfare. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance when trying to navigate the Court safely through the era of lawfare. South Africa offers an interesting crucible within which to observe an unfolding global trend. Strengthened by its comparative focus, the implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world. The book will be of interest to researchers, academics and practitioners working in the areas of Constitutional Law and Politics.
Lawfare
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Author : Jaume Castan Pinos
language : en
Publisher: Taylor & Francis
Release Date : 2022-09-19
Lawfare written by Jaume Castan Pinos and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-19 with Law categories.
This book develops a new conceptualisation of lawfare that recognises the polysemantic nature of the term. Drawing on theoretical developments from legal anthropology, international relations, and social theory, the book scrutinises the multiple dimensions of this phenomenon. It illustrates the multifaceted character of lawfare with a wide range of historical and contemporary cases from across the globe and analyses the implications of actors pursuing political objectives through legal means. This includes the use of lawfare by states as a legal instrument to accomplish geopolitical objectives, domestic lawfare, or the use of legal instruments to undermine internal opposition, and state lawfare used by governments to ‘protect’ the state from internal territorial-secessionist challenges. Finally, the book shows that lawfare is not exclusively a tool for hegemonic actors, as it can also be used by civil society actors that aim to uphold their rights through legal instruments in asymmetric lawfare. This book contributes to new developments in lawfare without shying away from controversy, acknowledging its sometimes-brutal efficacy as well as its potential pitfalls. The book will appeal to scholars and students of law, international relations, political science, anthropology, and sociology.
Lawfare And The Importance Of Legitimacy In Modern Wars Of Choice Proportionality And The Strategic Use Of Law And Legal Arguments
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Author : Alexander Matthias Kisling Harris
language : en
Publisher:
Release Date : 2016
Lawfare And The Importance Of Legitimacy In Modern Wars Of Choice Proportionality And The Strategic Use Of Law And Legal Arguments written by Alexander Matthias Kisling Harris and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
Lawfare
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Author : Orde F. Kittrie
language : en
Publisher: Oxford University Press
Release Date : 2016
Lawfare written by Orde F. Kittrie 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 2016 with History categories.
In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.
International Law In The Us Legal System
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Author : Curtis A. Bradley
language : en
Publisher: Oxford University Press
Release Date : 2020-12-01
International Law In The Us Legal System written by Curtis A. Bradley 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 2020-12-01 with Law categories.
International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
How To Do Things With International Law
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Author : Ian Hurd
language : en
Publisher: Princeton University Press
Release Date : 2019-08-27
How To Do Things With International Law written by Ian Hurd and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-27 with Law categories.
A runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.
The Last Utopia
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Author : Samuel Moyn
language : en
Publisher: Harvard University Press
Release Date : 2012-03-05
The Last Utopia written by Samuel Moyn and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-05 with History categories.
Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.
Rebel Law
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Author : Frank Ledwidge
language : en
Publisher: Oxford University Press
Release Date : 2017
Rebel Law written by Frank Ledwidge 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 Counterinsurgency categories.
"In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.
The Changing Face Of Warfare In The 21st Century
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Author : Gregory Simons
language : en
Publisher: Routledge
Release Date : 2017-07-20
The Changing Face Of Warfare In The 21st Century written by Gregory Simons and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-20 with Political Science categories.
This study discusses salient trends demonstrated by contemporary warfare of these first years of the 21st century. The authors reinforce previous notions of Fourth Generation Warfare, but most importantly explore the workings of new components and how these have modified the theory and practice of warfare beyond the basic divisions of conventional and unconventional warfare as witnessed in the preceding century. Throughout history there has been a close interaction between politics, communication and armed conflict and a main line of investigation of this book is to track changes that are presumed to have occurred in the way and manner in which armed conflicts are waged. Using cogent examples drawn variously from conflicts of the Arab Spring, the Islamic State and Russian adventurism in South Ossetia, Crimea and Eastern Ukraine, the authors demonstrate the application of Information Warfare, the practice of Hybrid Warfare, and offensive use of diplomacy, communications, economics and international law to obtain political and military advantages against the status quo states of the international community. The authors combine a theoretical framework with concrete empirical examples in order to create a better understanding and comprehension of the current events and processes that shape the character of contemporary armed conflicts and how they are informed and perceived in a highly mediatised and politicised world.