Author: Richard Ekins
Publisher:
ISBN: 9781877511752
Category : Rule of law
Languages : en
Pages : 314
Get Book Here
Book Description
The essays in this collection consider challenges to the maintenance of the rule of law in mature, modern legal systems. Leading judges and scholars from Australia, New Zealand and the United Kingdom - including the Hon Justice Dyson Heydon and Professor John Finnis - reflect on the nature of the rule of law and the form of order that it prescribes. The essays consider the distinction between formal and substantive conceptions of the rule of law; the relationship between rights, democracy and the rule of law; and the ideal's implications for legal change in general and the difference between legislating and case law development in particular. Some contributors address the way in which judicial action may challenge the rule of law. Others explore the ideal's implications in particular contexts. The collection's editor, Dr Richard Ekins, is a Senior Lecturer in Law at the University of Auckland.
Author: Legal Research Foundation (University of Auckland)
Publisher:
ISBN:
Category : Rule of law
Languages : en
Pages :
Get Book Here
Book Description
Author: Rachel Kleinfeld
Publisher: Brookings Institution Press
ISBN: 0870032666
Category : Political Science
Languages : en
Pages : 296
Get Book Here
Book Description
In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.
Author: George J. Andreopoulos
Publisher: Springer
ISBN: 3319899082
Category : Social Science
Languages : en
Pages : 188
Get Book Here
Book Description
This forward-thinking volume examines the rule of law from a global perspective, in the context of a growing array of transnational challenges and threats As the United Nations (UN) notes, the rule of law constitutes the basis “on which fair and just societies are built.” The contributions to this volume provide insights to several emerging debates about what the rule of law means in the modern era of warfare and of massive and systematic human rights violations that call for robust and transparent accountability mechanisms and processes. The authors of this work examine several controversial topics, including: -The growing use of drones, and the morality of long distance use -The UN Security Council’s evolving counterterrorism policies and practices -Victims’ Rights and the effort to provide meaning and justice to victims and survivors of terrorism - The relationship between the International Criminal Court (ICC) and Truth and Reconciliation Commissions (TRCs) -The effectiveness of the international criminal justice process overall, with an eye to procedural fairness and justice. This timely work will be of interest to researchers in criminal justice, particularly with a focus on counter-terrorism and international justice, as well as international law, human rights, and international studies.
Author: Benjamin E. Griffith
Publisher: American Bar Association
ISBN: 9781590319727
Category : Election law
Languages : en
Pages : 420
Get Book Here
Book Description
This book is a snapshot of America's voting and electoral practices, problems, and most current issues. The book addresses a variety of fundamental areas concerning election law from a federal perspective such as the Help America Vote Act, lessons learned from the 2000 and 2004 presidential elections, voter identification, and demographic and statistical experts in election litigation, and more. It is a useful guide for lawyers as well as law school professors, election officials, state and local government personnel, and election workers.
Author: Nick Cheesman
Publisher: Cambridge University Press
ISBN: 1107083184
Category : History
Languages : en
Pages : 337
Get Book Here
Book Description
A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.
Author: Michael Zurn
Publisher: Cambridge University Press
ISBN: 1139510975
Category : Law
Languages : en
Pages : 401
Get Book Here
Book Description
This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Author: Matthieu Burnay
Publisher: Edward Elgar Publishing
ISBN: 1788112393
Category : Law
Languages : en
Pages : 295
Get Book Here
Book Description
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
Author: Iutisone Salevao
Publisher: ANU E Press
ISBN:
Category : Law
Languages : en
Pages : 212
Get Book Here
Book Description
Using the rule of law as a framework, this book recasts Western theories of law, good governance and development in a Pacific perspective.
Author: Jack Beatson
Publisher: Bloomsbury Publishing
ISBN: 150993880X
Category : Law
Languages : en
Pages : 193
Get Book Here
Book Description
Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy. Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times. The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government. Set against this backdrop, the book answers the following questions: - How accessible is the law and how does it avoid arbitrariness? - How is access to justice protected? - How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics? - How does our democracy enable majorities and protect minorities?
