Restoring the Rule of Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Restoring the Rule of Law PDF full book. Access full book title Restoring the Rule of Law by Patricia V. Barkley. Download full books in PDF and EPUB format.
Author: Patricia V. Barkley
Publisher:
ISBN: 9781606929704
Category : Rule of law
Languages : en
Pages : 0
Get Book
Book Description
It is of the utmost importance to review our policies and practices, and to make changes where we find unseemly and illegal programs or inefficient and counterproductive policies. The time to act is at hand. The urgent need to restore checks and balances under the rule of law is far more important than the controversies that divide us. Instead, understanding the importance of righting the separation-of-powers imbalance and restoring respect for the rule of law should bring all Americans together. But the core principle -- that the preservation of the Constitution's checks and balances, and respect for the rule of law, is essential to effective governance -- endures regardless of what party controls either branch. If we turn a blind eye to this truth, the nation will feel the consequences far into the future.
Author: Patricia V. Barkley
Publisher:
ISBN: 9781606929704
Category : Rule of law
Languages : en
Pages : 0
Get Book
Book Description
It is of the utmost importance to review our policies and practices, and to make changes where we find unseemly and illegal programs or inefficient and counterproductive policies. The time to act is at hand. The urgent need to restore checks and balances under the rule of law is far more important than the controversies that divide us. Instead, understanding the importance of righting the separation-of-powers imbalance and restoring respect for the rule of law should bring all Americans together. But the core principle -- that the preservation of the Constitution's checks and balances, and respect for the rule of law, is essential to effective governance -- endures regardless of what party controls either branch. If we turn a blind eye to this truth, the nation will feel the consequences far into the future.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 300
Get Book
Book Description
Author: Robert A. Blair
Publisher: Cambridge University Press
ISBN: 110883521X
Category : History
Languages : en
Pages : 285
Get Book
Book Description
The UN plays a vital but underappreciated role in restoring the rule of law in countries recovering from civil war.
Author: Elaine Scarry
Publisher: MIT Press
ISBN: 026226577X
Category : Political Science
Languages : en
Pages : 219
Get Book
Book Description
A passionate call for citizen action to uphold the rule of law when government does not. This book is a passionate call for citizen action to uphold the rule of law when government does not. Arguing that post-9/11 legislation and foreign policy severed the executive branch from the will of the people, Elaine Scarry in Rule of Law, Misrule of Men offers a fierce defense of the people's role as guarantor of our democracy. She begins with the groundswell of local resistance to the 2001 Patriot Act, when hundreds of towns, cities, and counties passed resolutions refusing compliance with the information-gathering the act demanded, showing that citizens can take action against laws that undermine the rights of citizens and noncitizens alike. Scarry, once described in the New York Times Sunday Magazine as “known for her unflinching investigations of war, torture, and pain,” then turns to the conduct of the Iraqi occupation, arguing that the Bush administration led the country onto treacherous moral terrain, violating the Geneva Conventions and the armed forces' own most fundamental standards. She warns of the damage done to democracy when military personnel must choose between their own codes of warfare and the illegal orders of their civilian superiors. If our military leaders uphold the rule of law when civilian leaders do not, might we come to prefer them? Finally, reviewing what we know now about the Bush administration's crimes, Scarry insists that prosecution—whether local, national, or international—is essential to restoring the rule of law, and she shows how a brave town in Vermont has taken up the challenge. Throughout the book, Scarry finds hope in moments where citizens withheld their consent to grievous crimes, finding creative ways to stand by their patriotism.
Author: Martin S. Flaherty
Publisher: Princeton University Press
ISBN: 0691204780
Category : Political Science
Languages : en
Pages : 344
Get Book
Book Description
Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
Publisher:
ISBN: 9780160821561
Category : Constitutional law
Languages : en
Pages : 319
Get Book
Book Description
Author: Randy E. Barnett
Publisher: Princeton University Press
ISBN: 0691159734
Category : Law
Languages : en
Pages : 448
Get Book
Book Description
The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.
Author: Jane Stromseth
Publisher: Cambridge University Press
ISBN: 1139458701
Category : Law
Languages : en
Pages : 393
Get Book
Book Description
This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.
Author: Edward H. Levi
Publisher: University of Chicago Press
ISBN: 022604145X
Category : Law
Languages : en
Pages : 248
Get Book
Book Description
In the wake of Watergate, Gerald Ford appointed eminent lawyer and scholar Edward H. Levi to the post of attorney general—and thus gave him the onerous task of restoring legitimacy to a discredited Department of Justice. Levi was famously fair-minded and free of political baggage, and his inspired addresses during this tumultuous time were critical to rebuilding national trust. They reassured a tense and troubled nation that the Department of Justice would act in accordance with the principles underlying its name, operating as a nonpartisan organization under the strict rule of law. For Restoring Justice, Jack Fuller has carefully chosen from among Levi’s speeches a selection that sets out the attorney general’s view of the considerable challenges he faced: restoring public confidence through discussion and acts of justice, combating the corrosive skepticism of the time, and ensuring that the executive branch would behave judicially. Also included are addresses and Congressional testimonies that speak to issues that were hotly debated at the time, including electronic surveillance, executive privilege, separation of powers, antitrust enforcement, and the guidelines governing the FBI—many of which remain relevant today. Serving at an almost unprecedentedly difficult time, Levi was among the most admired attorney generals of the modern era. Published here for the first time, the speeches in Restoring Justice offer a superb sense of the man and his work.
Author: Norman Eisen
Publisher: Brookings Institution Press
ISBN: 0815739680
Category : Political Science
Languages : en
Pages : 396
Get Book
Book Description
How to restore ethics, the rule of law, and democracy as the centerpieces of U.S. government U.S. government has been repeatedly renewed—sometimes simply repaired and other times reinvented—during its over 230 years. Major aspects of the federal system were broken again during the four years of the Trump administration, so it’s time for even more fixes. This book sets out the damage that was done and important ideas on how the repairs should be made, focusing on ethics, the rule of law, and democracy. Distinguished scholars and practitioners have come together not only to address what went awry over the past four years, but also the deeper weaknesses that have become more evident, and how those weaknesses can be repaired. The problem areas range from ethics and conflicts of interest to the Hatch Act and big money in politics, and from independence at the Department of Justice and government transparency to reestablishing Congressional oversight, and the government’s role in the broader areas of how Americans vote and of international ethics and rule of law. Overcoming Trumpery provides a framework to understand the significant developments that are already happening in Washington with respect to ethics, the rule of law, and democracy. These include the “For the People Act,” the “Protecting Our Democracy Act,” and President Biden’s Executive Order on Ethics. The ideas outlined in this book for fixing flaws in federal governance come from the more than century of collective experience of its expert authors. The book represents a burst of sunshine after a very dark period in the nation’s history.
