Rule Of Law


Rule Of Law
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The Rule Of Law In Comparative Perspective


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.



The Rule Of Law


The Rule Of Law
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Author : Ian Shapiro
language : en
Publisher: NYU Press
Release Date : 1994

The Rule Of Law written by Ian Shapiro and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Political Science categories.


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).



On The Rule Of Law


On The Rule Of Law
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Author : Brian Z. Tamanaha
language : en
Publisher: Cambridge University Press
Release Date : 2004-11-18

On The Rule Of Law written by Brian Z. Tamanaha 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 2004-11-18 with Juvenile Nonfiction categories.


The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.



The Rule Of Law And The Separation Of Powers


The Rule Of Law And The Separation Of Powers
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Author : Richard Bellamy
language : en
Publisher: Routledge
Release Date : 2017-07-05

The Rule Of Law And The Separation Of Powers written by Richard Bellamy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.


The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.



The Rule Of Law In America


The Rule Of Law In America
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Author : Ronald A. Cass
language : en
Publisher: JHU Press
Release Date : 2001

The Rule Of Law In America written by Ronald A. Cass and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.


Drawing upon extensive experience in law, government service, teaching, and research, Ronald Cass offers a 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." This book provides a corrective to criticism of the American legal system raised all too frequently by some members of the academy. 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 look at a subject of interest to legal scholars and general readers alike.



The Ultimate Rule Of Law


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 Law


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



The Rule Of Law


The Rule Of Law
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Author : Robert Paul Wolff
language : en
Publisher: New York : Simon and Schuster
Release Date : 1971

The Rule Of Law written by Robert Paul Wolff and has been published by New York : Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Law categories.




Rule Of Law


Rule Of Law
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Author : Barbara Faedda
language : en
Publisher: Ronzani Editore
Release Date : 2021-08-25

Rule Of Law written by Barbara Faedda and has been published by Ronzani Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-25 with Law categories.


Edited by Barbara Faedda Based on a division of powers and the supremacy of a constitution, the rule of law is not invulnerable, as was demonstrated in the violent attack against the U.S. Capitol on January 6, 2021. It can be used but also abused; it can be respected or exploited, exalted or undermined. It can even arouse skepticism, because it is not always effective against the realities of political life. In a world facing social division, polarization, poverty, climate change, and pandemics, it is crucial to understand the roles of those who manage, control, or are touched by the rule of law. This book’s primary goal is to showcase the variety of perspectives, cases, and methodologies of the people and institutions that bring a range of expertise to bear in many fields. The essays here – which encompass various geographic areas and social groups, as well as several historical periods – address racism, misinformation, human rights, the status of women, the treatment of indigenous peoples, the environment, and more. The rule of law is not merely a set of principles that guarantee a just society. It must be more than a tool in the hands of legal experts; it cannot be a concept out of the reach of ordinary people. It is essential that every citizen feel a clear responsibility to protect and promote the rule of law, to denounce inequalities and oppose imbalances of power, if the common goal is to enjoy freedom, democracy, and justice for all. Barbara Faedda is the executive director of the Italian Academy for Advanced Studies at Columbia University and adjunct associate professor in Columbia’s Department of Italian, where she teaches courses on contemporary Italy. Among her publications are the books Elite. Cultura italiana e statunitense tra Settecento e Novecento (Ronzani, 2020); From Da Ponte to the Casa Italiana: A Brief History of Italian Studies at Columbia (Columbia University Press, 2017); Present and Future Memory: Holocaust Studies at the Italian Academy, editor (Italian Academy Publications, 2016); and essays including “An Italian Perspective on the U.S.-Italy Relationship” (The White House Historical Association, 2016); “Neurolaw: come le neuroscienze potrebbero cambiare l’antropologia giuridica”; and “We are not racists, but we do not want immigrants.” In 2016 Dr. Faedda conceived the International Observatory for Cultural Heritage (IOCH), dedicated to all issues relating to the survival, protection, and conservation of cultural heritage. In 2019 she was appointed ambassador, permanent observer for the European Public Law Organization to the United Nations.



Democracy And The Rule Of Law


Democracy And The Rule Of Law
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Author : Adam Przeworski
language : en
Publisher: Cambridge University Press
Release Date : 2003-07-21

Democracy And The Rule Of Law written by Adam Przeworski 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 2003-07-21 with Law categories.


This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes rule-of-law as an institutional equilibrium from rule-by-law is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.