The Rule Of Law Under Siege
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The Rule Of Law Under Siege
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Author : William E. Scheuerman
language : en
Publisher: Univ of California Press
Release Date : 2023-12-22
The Rule Of Law Under Siege written by William E. Scheuerman 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 2023-12-22 with Philosophy categories.
In the pathbreaking essays collected here, Neumann and Kirchheimer demonstrate that the death of democracy and the rise of fascism during the first half of the twentieth century suggest crucial lessons for contemporary political and legal scholars. The volume includes writings on constitutionalism, political freedom, Nazism, sovereignty, and both Nazi and liberal law. Most important, the Frankfurt authors point to the continuing efficacy of the rule of law as an instrument for regulating and restraining state authority, as well as ominous evidence of the rule of law's fragility in modern liberal democracy.
The Rule Of Law Under Fire
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Author : Raymond Wacks
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-10-21
The Rule Of Law Under Fire written by Raymond Wacks and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-21 with Law categories.
Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege? In this timely and important book, Raymond Wacks examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. He then investigates 16 potential ideological, economic, legal, and institutional dangers to the rule of law. They range from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the 'war on terror', and the disquieting power of Big Tech. He also considers the enactment and enforcement in several countries of Draconian measures to curtail the spread of COVID-19, which has generated fears that these emergency powers may outlive the pandemic and become a permanent feature of the legal landscape, thereby impairing the rule of law. Wacks identifies which issues among this extensive array pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.
Rigging The Rule Of Law
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Author : Human Rights Watch (Organization)
language : en
Publisher: Human Rights Watch
Release Date : 2004
Rigging The Rule Of Law written by Human Rights Watch (Organization) and has been published by Human Rights Watch this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Due process of law categories.
Main recommendations. -- International norms on judicial independence. The OAS and the Inter-American Democratic Charter -- International human rights treaties. -- Background. The Judiciary's disreputable past -- Declaring a judicial emergency -- Political polarization under Chávez. -- Disposable judges. Provisional judgeships -- Judges summarily fired -- Second highest court shut down. -- Separation of powers under assault. Power to pack the court -- Power to purge the court -- Implications for the referendum. -- Recommendations. To President Hugo Chávez Frías -- To the Supreme Court -- To international lending agencies -- To the Organization of American States -- Acknowledgements.
The Constitution Under Siege
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Author : Christopher H. Pyle
language : en
Publisher:
Release Date : 2010
The Constitution Under Siege written by Christopher H. Pyle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
The Constitution Under Siege is a provocative teaching instrument that uses law, history, and politics to test what the law arguably "is" against assertions of what it "ought" to be. It examines the questionable impulses of presidents, members of Congress, the military, and intelligence agencies to bend or break the Constitution and the laws. In questioning the legitimacy of raw assertions of unaccountable power, the editors reject both the illustrative case approach of political scientists and precedent-driven approach of lawyers, supplementing key court cases with historically-rich essays, notes, and questions. These essays explain where our nation's "first principles" came from, and why they became imbedded, at least until recently, in our laws and institutions. Above all, these materials will prompt the reader to ask how, and by what authority, presidents, Congress, and even courts have come to allow the military and secret agencies to kidnap, torture, assassinate, or secretly detain citizens or aliens, and to use military and para-military force without running afoul of the Constitution and its Bill of Rights. "This superb book, written by two of the nation's most acute analysts of law and politics, provides readers with materials indispensable to an understanding of the many dubious assertions of governmental power, by both presidents and Congress, that have rocked the foundations of our republic. ... It is must reading for all those concerned about the future of constitutional government." -- David Gray Adler, James McClure Professor of Public Policy at the University of Idaho "The Constitution Under Siege offers unparalleled insights arising from the authors' singular mastery of documents, events, and law. From the Barbary pirates to Islamic terrorism, no single source more definitively instructs the reader as it interweaves American law and policy abroad. This is an indispensable book." -- Robert J. Spitzer, Distinguished Service Professor, SUNY, Cortland
Carl Schmitt
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Author : William E. Scheuerman
language : en
Publisher: Rowman & Littlefield
Release Date : 1999
Carl Schmitt written by William E. Scheuerman and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
This is the first full-length study in English of twentieth-century Germany's most influential authoritarian right-wing political theorist, Carl Schmitt, that focuses on the central place of his attack on the liberal rule of law. This is also the first book in any language to devote substantial attention to Schmitt's subterranean influence on some of the most important voices in political thought (Joseph Schumpeter, Friedrich A. Hayek, and Hans Morgenthau) in the United States after 1945. Visit our website for sample chapters!
Frankfurt School Perspectives On Globalization Democracy And The Law
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Author : William E. Scheuerman
language : en
Publisher: Routledge
Release Date : 2011-06-23
Frankfurt School Perspectives On Globalization Democracy And The Law written by William E. Scheuerman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-23 with Social Science categories.
Frankfurt School Perspectives on Globalization, Democracy, and the Law makes use of the work of first-generation Frankfurt School theorist Franz L. Neumann, in conjunction with his famous successor, Jürgen Habermas, to try to understand the momentous political and legal transformations generated by globalization. This volume demonstrates that the Frankfurt School tradition speaks directly to some pressing political and social concerns, including globalization, the reform of the welfare state, and the environmental crisis. Despite widespread claims to the contrary, the legal substructure of economic globalization tends to conflict with traditional models of the "rule of law." Neumann’s prediction that contemporary capitalism would decreasingly depend on generality, clarity, publicity, and stability in the law is supported by a surprising variety of empirical evidence. Habermas’s recent work is then interrogated in order to pursue the question of how we might counteract the deleterious trends accurately predicted by Neumann. How might democracy and the rule of law flourish in the context of globalization? The book is intended for scholars and advanced students in political science, sociology, philosophy and cultural studies.
Spain At The Crossroads
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Author : Víctor Pérez Díaz
language : en
Publisher: Harvard University Press
Release Date : 1999
Spain At The Crossroads written by Víctor Pérez Díaz 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 1999 with History categories.
This book explores the trials of Spanish democracy, focusing on the generation that came of age in the 1960s, assumed political power, and formed the first Socialist government in 1982. Starting in 1993, however, this popular government came under siege when scandals shook the country's confidence in its legal and political institutions.
State Of Exception
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Author : Giorgio Agamben
language : en
Publisher: University of Chicago Press
Release Date : 2008-07-18
State Of Exception written by Giorgio Agamben and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-18 with Philosophy categories.
Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.
The Cambridge Companion To The Rule Of Law
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Author : Jens Meierhenrich
language : en
Publisher: Cambridge University Press
Release Date : 2021-08-12
The Cambridge Companion To The Rule Of Law written by Jens Meierhenrich 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 2021-08-12 with History categories.
Introduces students, scholars, and practitioners to the theory and history of the rule of law.
Recrafting The Rule Of Law
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Author : David Dyzenhaus
language : en
Publisher: Bloomsbury Publishing
Release Date : 1999-07-01
Recrafting The Rule Of Law written by David Dyzenhaus and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-07-01 with Law categories.
This collection of essays on the rule of law focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law. Essays by lawyers, philosophers, and political theorists illuminate and take forward both that question and debate about issues to do with the reach of the rule of law which complicate its answer. The essays are divided into sections which deal, first, with legal orders where the rule of law is under severe stress, second, with the question of the value of the rule of law as a conceptual problem, and, third, with the question of the limits of legal order. Contributors: Richard Abel, Jody Freeman, Robert Alexy, Neil MacCormick, Kenneth Winston, Andras Sajo, Alon Harel, Anton Fagan, Anthony Sebok, Christine Sypnowich, Allan Hutchinson, Bill Scheuerman, John MacCormick, Julian Rivers, Henry Richardson, David Dyzenhaus.