The Rule Of Law And The Measure Of Property
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The Rule Of Law And The Measure Of Property
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Author : Jeremy Waldron
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-21
The Rule Of Law And The Measure Of Property written by Jeremy Waldron 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 2012-06-21 with Law categories.
When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank model' of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives.
The Rule Of Law And The Measure Of Property
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Author : Jeremy Waldron
language : en
Publisher:
Release Date : 2014-05-14
The Rule Of Law And The Measure Of Property written by Jeremy Waldron and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with LAW categories.
A clear, critical and direct account of the relation between the Rule of Law and the protection of private property.
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 Rule Of Law
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Author : J. Møller
language : en
Publisher: Springer
Release Date : 2014-06-12
The Rule Of Law written by J. Møller and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-12 with Political Science categories.
Through critical analysis of key concepts and measures of the rule of law, this book shows that the choice of definitions and measures affects descriptive and explanatory findings about nomocracy. It argues a constitutionalist legacy from centuries ago explains why European civilizations display higher adherence to rule of law than other countries.
The Rule Of Law At The National And International Levels
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Author : Machiko Kanetake
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-04-21
The Rule Of Law At The National And International Levels written by Machiko Kanetake and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-21 with Law categories.
This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
The Rule Of Law In The Real World
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Author : Paul Gowder
language : en
Publisher: Cambridge University Press
Release Date : 2016-02-09
The Rule Of Law In The Real World written by Paul Gowder 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 2016-02-09 with Law categories.
A pathbreaking theoretical and empirical study proposing social equality as a measure of the rule of law.
Research Handbook On Democracy And Development
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Author : Gordon Crawford
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-03-26
Research Handbook On Democracy And Development written by Gordon Crawford 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 2021-03-26 with Social Science categories.
Exploring and updating the controversial debates about the relationship between democracy and development, this Research Handbook provides clarification on the complex and nuanced interlinkages between political regime type and socio-economic development. Distinguished scholars examine a broad range of issues from multidisciplinary perspectives across Africa, Asia, Europe, Latin America and the Middle East.
Judicial Reconstruction And The Rule Of Law
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Author : Angeline Lewis
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-08-27
Judicial Reconstruction And The Rule Of Law written by Angeline Lewis and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-27 with Law categories.
The idea of building a blueprint ‘rule of law’ through military intervention has seized the imagination of practitioners and theorists alike in the past decade of peacebuilding operations, and an emphasis on simultaneous judicial reconstruction and security sector reform has emerged as their central strategy. This work, in a fresh approach based on recent military operations in Iraq and beyond, challenges both the universality of the blueprint and the doctrinal assumption that institutional reform by military interveners builds peace and legitimacy. In a comprehensive review, the essential role of the community in developing its own relationship with law, while interveners refocus exclusively on restoring public security using their extraordinary powers under international humanitarian law, emerges as the only future for ‘rule of law operations.’
The Hamlyn Lectures 2011
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Author : Jeremy J. Waldron
language : en
Publisher:
Release Date : 2011
The Hamlyn Lectures 2011 written by Jeremy J. Waldron and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
The idea in these lectures is to discuss the relation between property and the rule of law in a deeper way than this has been discussed in the past, in particular in a way that reflects realistic understanding of how property rights are created and modified. I use the Lockean phrase "the measure of property" but the gist of my argument will be that our thinking about the rule of law needs to focus on all the ways in which property is non-Lockean in its origin, legal status, and moral force. In the course of doing this, I will be looking at some of the rather naive assumptions underlying the tight connection that has been forged between property rights and the rule of law in neo-liberal political economy. And I will argue that we can abandon or modify some of these naive assumptions about property without compromising the very great importance that is properly attached to the ideal of the rule of law. There are three lectures in all. Unfortunately the original lecture titles are not a good indication of the eventual contents. Lecture 1 was called "The Classical Lockean Picture and its Difficulties" and it mainly addresses the alleged contrast between (a) the rule of law and (b) rule by law, and the suggestion that property rights might be privileged under (a). It explores Richard Epstein's version of this idea and then it spends some time on the Lockean account of property. The argument is that in the real world even Lockean property has an inescapable public law dimension. Lecture 2 was called "Unraveling the Form and Substance of Property," but it is really about the contrast between formal/procedural and substantive views of the rule of law and the dificulties inherent in identifying respect for private property rights as a substantive dimension of the rule of law. The argument is that given the accordion-like expandability of the category of property, this cannot work to privilege property rights over other legal rights etc. Lecture 3 was called "The Rule of Law, Property, and Legislation" and it is a defense of legislation, including regulatory and redistributive legislation in light of the rule of law. Readers should note that although I spend a lot of time discussing the fact situation in Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), these lectures are not lectures in American constitutional law, nor do they aim to build pathways through the swamp of US takings jurisprudence.
Democratization And Clientelism
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Author : Philip Keefer
language : en
Publisher: World Bank Publications
Release Date : 2005
Democratization And Clientelism written by Philip Keefer and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Democratization categories.
This paper identifies systematic performance differences between younger and older democracies: younger democracies are more corrupt; exhibit less rule of law, lower levels of bureaucratic quality, and lower secondary school enrollments; and spend more on public investment and government workers. Only one theory explains the effects of democratic age on the wide range of policy outcomes examined here-the inability of political competitors in younger democracies to make credible promises to citizens. This explanation, first advanced in Keefer and Vlaicu (2004), offers a concrete interpretation of what political institutionalization might mean, and why it is that young democracies frequently fail to become older and well-performing democracies. A variety of tests support this explanation against alternatives. The effect of democratic age remains large even after controlling for the possibilities that voters are less well-informed in young democracies, that young democracies have systematically different political and electoral institutions, or that young democracies exhibit more polarized societies.