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Author: Rainer Arnold
Publisher: Springer Nature
ISBN: 3031398041
Category : Law
Languages : en
Pages : 266
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Book Description
The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.
Author: Rainer Arnold
Publisher: Springer Nature
ISBN: 3031398041
Category : Law
Languages : en
Pages : 266
Get Book Here
Book Description
The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.
Author: Joelle Grogan
Publisher: Routledge
ISBN: 1000582132
Category : Law
Languages : en
Pages : 370
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Book Description
The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality. This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies. Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 – and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies.
Author: Wojciech Sadurski
Publisher: Oxford University Press
ISBN: 0192559052
Category : Law
Languages : en
Pages : 442
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Book Description
Traditionally, legitimacy has been associated exclusively with states. But are states actually legitimate? And in light of the legalization of international norms why should discussions of legitimacy focus only on the nation-state? The essays in this collection examine the nature of legitimacy, the legitimacy of the state, and the legitimacy of supranational institutions. The collection begins by asking: What sort of problem is legitimacy? Part I considers competing theories, in particular the work of John Rawls. Part II looks at the legitimacy of state apparatus, its institutions, officials, and the rule of law, and the future of state sovereignty. Part III expands the scope of legitimacy beyond the state to supranational institutions and international law. Written by theorists of considerable standing, the essays in this volume will be of interest to students and scholars of law, politics, and philosophy looking for ways of approaching the problem of how extra-territorial affairs affect a state's written and unwritten agreements with its citizens in a world where laws and norms with legal effect are increasingly made beyond the state.
Author: Ted Piccone
Publisher: Brookings Institution Press
ISBN: 0815725787
Category : Political Science
Languages : en
Pages : 298
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Book Description
Shifting power balances in the world are shaking the foundations of the liberal international order and revealing new fault lines at the intersection of human rights and international security. Will these new global trends help or hinder the world's long struggle for human rights and democracy? The answer depends on the role of five rising democracies—India, Brazil, South Africa, Turkey, and Indonesia—as both examples and supporters of liberal ideas and practices. Ted Piccone analyzes the transitions of these five democracies as their stars rise on the international stage. While they offer important and mainly positive examples of the compatibility of political liberties, economic growth, and human development, their foreign policies swing between interest-based strategic autonomy and a principled concern for democratic progress and human rights. In a multipolar world, the fate of the liberal international order depends on how they reconcile these tendencies.
Author: Peter J. Boettke
Publisher: Cambridge University Press
ISBN: 110884619X
Category : Business & Economics
Languages : en
Pages : 213
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Book Description
Contemporary monetary institutions are flawed at a foundational level. The reigning paradigm in monetary policy holds up constrained discretion as the preferred operating framework for central banks. But no matter how smart or well-intentioned are central bankers, discretionary policy contains information and incentive problems that make macroeconomic stability systematically unlikely. Furthermore, central bank discretion implicitly violates the basic jurisprudential norms of liberal democracy. Drawing on a wide body of scholarship, this volume presents a novel argument in favor of embedding monetary institutions into a rule of law framework. The authors argue for general, predictable rules to provide a sturdier foundation for economic growth and prosperity. A rule of law approach to monetary policy would remedy the flaws that resulted in misguided monetary responses to the 2007-8 financial crisis and the COVID-19 pandemic. Understanding the case for true monetary rules is the first step toward creating more stable monetary institutions.
Author: Philip A. Wallach
Publisher: Brookings Institution Press
ISBN: 0815726244
Category : Business & Economics
Languages : en
Pages : 330
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Book Description
Were the radical steps taken by the Treasury Department and Federal Reserve to avert the financial crisis legal? When and why did political elites and the general public question the legitimacy of the government's responses to the crisis? In To The Edge: Legality, Legitimacy, and the Responses to the 2008 Financial Crisis, Philip Wallach chronicles and examines the legal and political controversies surrounding the government's responses to the recent financial crisis. The economic devastation left behind is well-known, but some allege that even more lasting harm was inflicted on America's rule of law tradition and government legitimacy by the ambitious attempts to limit the fallout. In probing these claims, Wallach offers a searching inquiry into the meaning of the rule of law during crises. The book provides a detailed analysis of the policies undertaken—from the rescue of Bear Stearns in March 2008 through the tumultuous events of September 2008, the passage of the TARP and its broad usage, the alphabet soup of emergency Federal Reserve programs, the bankruptcies of Chrysler and GM, and the extended public ownership of AIG, Fannie Mae, and Freddie Mac. Throughout, Wallach probes the legal bases of the government's actions and explores why concerns about the legitimacy of government actions were only sporadically grounded in concerns about legality—and sometimes ran directly against them. The public's sense that government officials operated through ad hoc responses that favored powerful interests has helped bring the legitimacy of American governmental institutions to historic lows. Wallach's book recommends constructive and sensible reforms policymakers should take to ensure accountability and legitimacy before the government faces another crisis.
Author: Colleen M. Flood
Publisher: University of Ottawa Press
ISBN: 077663643X
Category : Social Science
Languages : en
Pages : 850
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Book Description
The novel coronavirus SARS-CoV-2, which causes the disease known as COVID-19, has infected people in 212 countries so far and on every continent except Antarctica. Vast changes to our home lives, social interactions, government functioning and relations between countries have swept the world in a few months and are difficult to hold in one’s mind at one time. That is why a collaborative effort such as this edited, multidisciplinary collection is needed. This book confronts the vulnerabilities and interconnectedness made visible by the pandemic and its consequences, along with the legal, ethical and policy responses. These include vulnerabilities for people who have been harmed or will be harmed by the virus directly and those harmed by measures taken to slow its relentless march; vulnerabilities exposed in our institutions, governance and legal structures; and vulnerabilities in other countries and at the global level where persistent injustices harm us all. Hopefully, COVID-19 will forces us to deeply reflect on how we govern and our policy priorities; to focus preparedness, precaution, and recovery to include all, not just some. Published in English with some chapters in French.
Author: Charles Manga Fombad
Publisher:
ISBN: 0192894773
Category : Law
Languages : en
Pages : 577
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Book Description
This volume examines democracy and elections in Africa, taking stock of the state of constitutional democracy on the continent after the democratic gains of the 1990s and 2000s, focusing on how competitive politics or multiparty democracy can be realized and how, through competition, such politics could lead to better policy and practice outcomes.
Author: Gabrielle Appleby
Publisher: Oxford University Press, USA
ISBN: 9780195525656
Category : Public law
Languages : en
Pages : 0
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Book Description
Introduces students to key principles, concepts, institutions in Australian Public Law, provides solid foundation for study of constitutional & administrative law. Explained through analysis of mechanisms of power & control, including discussions of functioning of institutions of government & contemporary issues. Authors at Uni of Adelaide.
Author: Richard Susskind
Publisher: Oxford University Press, USA
ISBN: 9780192849304
Category :
Languages : en
Pages : 400
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Book Description
In this book Richard Susskind, a pioneer of rethinking law for the digital age confronts the challenges facing our legal system and the potential for technology to bring much needed change. Drawing on years of experience leading the discussion on conceiving and delivering online justice, Susskind here charts and develops the public debate.
