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Author: Catherine Warrick
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754675877
Category : Law
Languages : en
Pages : 222
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Book Description
Through an examination of criminal law, nationality law and administrative regulatory policies in Jordan, this volume demonstrates how the state uses the legal system as a tool for legitimacy, incorporating traditional social practices in order to maintain the support of certain elements of society while at the same time taking measures that counter traditional practices and extend new rights and roles to women.
Author: Catherine Warrick
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754675877
Category : Law
Languages : en
Pages : 222
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Book Description
Through an examination of criminal law, nationality law and administrative regulatory policies in Jordan, this volume demonstrates how the state uses the legal system as a tool for legitimacy, incorporating traditional social practices in order to maintain the support of certain elements of society while at the same time taking measures that counter traditional practices and extend new rights and roles to women.
Author: Jutta Brunnée
Publisher: Cambridge University Press
ISBN: 1139491474
Category : Law
Languages : en
Pages :
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Book Description
It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
Author: Richard H. Fallon
Publisher: Harvard University Press
ISBN: 0674975812
Category : Law
Languages : en
Pages : 237
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Book Description
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Author: Clement Fatovic
Publisher: Oxford University Press
ISBN: 0199974721
Category : Law
Languages : en
Pages : 253
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Book Description
When an economic collapse, natural disaster, epidemic outbreak, terrorist attack, or internal crisis puts a country in dire need, governments must rise to the occasion to protect their citizens, sometimes employing the full scope of their powers. How do political systems that limit government control under normal circumstances allow for the discretionary and potentially unlimited power that such emergencies sometimes seem to require? Constitutional systems aim to regulate government behavior through stable and predictable laws, but when their citizens' freedom, security, and stability are threatened by exigencies, often the government must take extraordinary action regardless of whether it has the legal authority to do so. In Extra-Legal Power and Legitimacy: Perspectives on Prerogative, Clement Fatovic and Benjamin A. Kleinerman examine the costs and benefits associated with different ways that governments have wielded extra-legal powers in times of emergency. They survey distinct models of emergency governments and draw diverse and conflicting approaches by joining influential thinkers into conversation with one another. Chapters by eminent scholars illustrate the earliest frameworks of prerogative, analyze American perspectives on executive discretion and extraordinary power, and explore the implications and importance of deliberating over the limitations and proportionality of prerogative power in contemporary liberal democracy. In doing so, they re-introduce into public debate key questions surrounding executive power in contemporary politics.
Author: Lukas H. Meyer
Publisher: Cambridge University Press
ISBN: 0521199492
Category : Law
Languages : en
Pages : 333
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Book Description
"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
Author: Richard Albert
Publisher: Routledge
ISBN: 1351038966
Category : Law
Languages : en
Pages : 302
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Book Description
Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution. This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level. This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.
Author: Jorge L. Esquirol
Publisher:
ISBN: 9781316630921
Category : Comparative law
Languages : en
Pages : 283
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Book Description
Challenges the distorted hegemonic accounts of Latin American law and reveals their geopolitical and economic consequences in the world today.
Author: Jothie Rajah
Publisher: Cambridge University Press
ISBN: 1107012414
Category : Law
Languages : en
Pages : 367
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Book Description
Through a focus on Singapore, this book presents an analysis of authoritarian legalism, showing how prosperity, public discourse, and a rigorous observance of legal procedure enable a reconfigured rule of law - liberal form but illiberal content. It shows how institutions and process become tools to constrain dissenting citizens while protecting those in political power.
Author: Italo Pardo
Publisher: Berghahn Books
ISBN: 1800733917
Category : Social Science
Languages : en
Pages : 272
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Book Description
With the growing fragmentation of western societies and disillusionment with the political process, the question of legitimacy has become one of the key issues of contemporary politics and is examined in this volume in depth for the first time. Drawing on ethnographic material from the U.S., Europe, India, Japan, and Africa, anthropologists and legal scholars investigate the morally diversified definitions of legitimacy that co-exist in any one society. Aware of the tensions between state morality and community morality, they offer reflections on the relationship between agency - individual and collective - and the legal and political systems. In a situation in which politics has only too often degenerated into vacuous rhetoric, this volume demonstrates how critical the relationship between trust and legitimacy is for the authoritative exercise of power in democratic societies.
Author: Steven Wheatley
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 432
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Book Description
This book restates the deliberative ideal developed by Habermas, and applies this to the systems of global governance.
