The Rule Of Law Under Threat
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The Rule Of Law Under Threat
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Author : Robert Bottner
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-06-28
The Rule Of Law Under Threat written by Robert Bottner 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 2024-06-28 with Law categories.
Providing perspectives from different fields of study such as public policy and politics as well as legal analysis, this book highlights the rule of law as a fundamental value of the European Union, and examines how this is implemented throughout the Member States. The Rule of Law Under Threat explores empirical evidence and quantitative methods for studying the dynamics of this imperative legal principle in interdisciplinary research. Internationally renowned experts consider the rule of law in the context of previous and future accessions to the EU in Eastern and South-Eastern Europe, with particular focus on Hungary as one of the most recent and notorious cases of rule of law deficits in the EU. Finally, the book analyses the legal and political toolbox that the EU has at its disposal to counter the erosion of rule of law standards, including the Article 7 procedure, as well as strategies which recognise specific national discourses on and perceptions of the rule of law. Students and scholars in constitutional and administrative law, European law, law and politics, and legal history will benefit from this book's multidisciplinary approach to the rule of law. It is also an essential resource for practitioners and decision-makers in EU nations as well as candidate countries.
Law As A Means To An End
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Author : Brian Z. Tamanaha
language : en
Publisher: Cambridge University Press
Release Date : 2006-10-02
Law As A Means To An End 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 2006-10-02 with Law categories.
The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.
The Rule Of Law In Europe
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Author : María Elósegui
language : en
Publisher: Springer Nature
Release Date : 2021-04-20
The Rule Of Law In Europe written by María Elósegui and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-20 with Law categories.
This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term “illiberal democracies” is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union’s sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts’ responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.
Threat To Rule Of Law
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Author : Timothy A.A. Ayorinde
language : en
Publisher:
Release Date : 1996
Threat To Rule Of Law written by Timothy A.A. Ayorinde and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with categories.
The Rule Of Law
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Author : Tom Bingham
language : en
Publisher: Penguin UK
Release Date : 2011-07-07
The Rule Of Law written by Tom Bingham and has been published by Penguin UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-07 with Law categories.
'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Judges Against Justice
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Author : Hans Petter Graver
language : en
Publisher: Springer
Release Date : 2016-09-22
Judges Against Justice written by Hans Petter Graver and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-22 with Law categories.
This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
The Threat To The Rule Of Law
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Author : Brian A. Risman
language : en
Publisher:
Release Date : 2018-12-03
The Threat To The Rule Of Law written by Brian A. Risman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-03 with categories.
In this book, we will be discussing the Rule of Law. More to the point, we will be discussing the threats to the Rule of Law - threats by newly resurgent Authoritarian Partisan Governments or Opposition Parties to eliminate Justice, Liberty and Democracy.
The Rule Of Law In The 21st Century
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Author : Robert A. Stein
language : en
Publisher:
Release Date : 2015
The Rule Of Law In The 21st Century written by Robert A. Stein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Judicial independence categories.
The rule of law is sometimes expressed as 'no person is above the law'. A more comprehensive description of the concept has been elusive for generations of scholars, lawyers and judges. What does the phrase mean? More specifically, what does the rule of law mean in the context of 21st century issues and challenges?Professor Robert A Stein and Justice Richard J Goldstone are the distinguished editors and authors of The Rule of Law in the 21st Century. Joining Stein and Goldstone is an array of internationally distinguished leaders of the legal profession (including US Supreme Court Justice Ruth Bader Ginsburg and Paul Volcker, former Chairman of the Federal Reserve) from North America, Europe, Africa and Asia to explore the meaning of the rule of law today in a variety of circumstances.The book opens with chapters covering the basic concepts of the rule of law, independence of the judiciary and whether there is such a concept as an international rule of law. The book examines the concept of the rule of law from a variety of perspectives. Does the rule of law promote or impede economic development? How can we meet the major threat to the rule of law in the form of corruption? What is the relationship between the Great Charter, Magna Carta and the rule of law today? How can the rule of law be of assistance when addressing the challenge of inequality of women in society? It also includes chapters describing law reform programmes that have strengthened the rule of law around the world in recent decades.The rule of law is humankind's best hope for freedom and justice. The Rule of Law in the 21st Century gives a better understanding of this important concept in the world today.
Champions Of The Rule Of Law
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Author : John Hostettler
language : en
Publisher: Waterside Press
Release Date : 2011-06-22
Champions Of The Rule Of Law written by John Hostettler and has been published by Waterside Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-22 with Law categories.
An account of the lawyers who helped over centuries to develop and protect civil liberties, human rights and the Rule of Law. Also discusses breaches of the Rule of Law in modern cases and in response to terrorism. Champions of the Rule of Law looks at an overarching principle of English law. It describes how a powerful and fundamental rule came about and how it has been preserved in the face of attempts to circumvent it. Standing at the heart of all matters of justice and now exported to many parts of the world the Rule of Law holds, in short, that the law applies in equal measure to everyone. No matter how high, mighty or privileged someone may be, or whatever claim or allegation is being made, all those coming before it should always be treated in just the same way as anyone else will be. Events in both modern times and across legal history readily demonstrate the sometimes precarious nature of the rule and the need for champions who are prepared to uphold and defend itand whilst the need for such a rule may seem obvious on any balanced view of how justice should be dispensed, the central importance of the rule is by no means intuitive to some people. This means that there is always a need to re-iterate the purpose of the rule, the arguments behind it and to understand the mechanisms which safeguard and protect it. Whenever the Rule of Law does fall under threat, whether due to arrogance, claims to special treatment, misguided understandings, dubious explanations or lack of due process, there is a need for people of the calibre of those described in this book to step forward. Quite apart from the books interest for lawyers, historians and students it will appeal to anyone seeking reassurance that justice is truly blind, fair, even-handed and accessible to all. With a Foreword by Lord Steyn.
The Rule Of Crisis
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Author : Pierre Auriel
language : en
Publisher: Springer
Release Date : 2018-03-17
The Rule Of Crisis written by Pierre Auriel and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-17 with Law categories.
This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom. The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world. The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws? Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law.