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Author: Robert A. Stein
Publisher:
ISBN: 9781787427952
Category : Judicial independence
Languages : en
Pages : 0
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Book Description
Foreword to the first edition by Ruth Bader Ginsburg (Seiten 7-8). This book examines the concept of the rule of law from a variety of perspectives, beginning with the basic principles and all-important definitional issue of what the term "rule of law" means. It includes fully updated chapters on the independence of the judiciary and the internationalisation of the rule of law. This edition also contains several new chapters.
Author: Robert A. Stein
Publisher:
ISBN: 9781787427952
Category : Judicial independence
Languages : en
Pages : 0
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Book Description
Foreword to the first edition by Ruth Bader Ginsburg (Seiten 7-8). This book examines the concept of the rule of law from a variety of perspectives, beginning with the basic principles and all-important definitional issue of what the term "rule of law" means. It includes fully updated chapters on the independence of the judiciary and the internationalisation of the rule of law. This edition also contains several new chapters.
Author: Barbara Hudson
Publisher: Routledge
ISBN: 1136451021
Category : Social Science
Languages : en
Pages : 299
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Book Description
This book examines the question of whether justice or security is the primary virtue of 21st-century society. The issue of enhancing security without undermining justice – managing risk without undermining the rule of law – has always been problematic. However, recent developments such as new counter-terrorism measures, the expanding scope of criminal law, harsher migration control and an increasingly pronounced concern with public safety, have posed new challenges. The key element of these contemporary challenges is that of membership and exclusion: that is, who is to be included within the community of justice, and against whom is the just community aiming to defend itself? Justice and Security in the 21st Century brings together researchers from various academic disciplines and different countries in order to explore these developments. It attempts to chart the complex landscapes of justice, human rights and the rule of law in an era when such ideals are challenged by increasing demands for efficiency, effectiveness, public safety and security. This edited volume will be of much interest to students of critical legal studies, criminology, critical security studies, human rights, sociology and IR in general.
Author: Ernst-Ulrich Petersmann
Publisher: Bloomsbury Publishing
ISBN: 1847319815
Category : Law
Languages : en
Pages : 471
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Book Description
The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.
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: William E. Scheuerman
Publisher: Rowman & Littlefield
ISBN: 1786611562
Category : Philosophy
Languages : en
Pages : 358
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Book Description
Scholarly and political interest in the work of the controversial twentieth century German thinker Carl Schmitt has exploded in the 20 years since William E. Scheuerman’s important book was first published. However, Scheuerman’s work remains distinctive. Firstly, it focuses directly on Schmitt’s complex ideas about law, situating his views within broader debates about the rule of law and its fate. The volume shows how every facet of his political thinking was decisively shaped by his legal reflections. Secondly, the volume takes Schmitt’s Nazi-era political and legal writings no less seriously. Finally, the volume offers a series of studies on figures in postwar US political thought (Friedrich Hayek and Joseph Schumpeter), demonstrating how Schmitt shaped their own influential theories. This timely second edition underscores how and why the recent growth of interest in Schmitt has been prompted by political developments, for example, debates about counterterrorism and emergency government, and the rise of authoritarian populism.
Author: Augusto Lopez-Claros
Publisher: Cambridge University Press
ISBN: 1108476961
Category : Law
Languages : en
Pages : 561
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Book Description
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
Author: John F. Murphy
Publisher: Cambridge University Press
ISBN: 9780521529686
Category : Law
Languages : en
Pages : 376
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Book Description
Publisher Description
Author: de Silva, Eugene
Publisher: IGI Global
ISBN: 1799879062
Category : Political Science
Languages : en
Pages : 253
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Book Description
Multidisciplinary research is steadily revolutionizing traditional education, scientific approaches, and activities related to security matters. Therefore, the knowledge generated through multidisciplinary research into the field of application of scientific inquiry could be utilized to protect critical and vital assets of a country. The field of security requires focus on the assessment and resolution of complex systems. Consequently, the dynamics of the intelligence field leads to the necessity of raising awareness and placing priority on improved ideas using scientific inquiry. Intelligence and Law Enforcement in the 21st Century provides personnel directly working in the fields of intelligence and law enforcement with an opportunity to deeply delve into to the challenges, choices, and complications in finding, applying, and presenting the gathered intelligence through various methods and then presenting them through available policies and procedures in the arena of law and order. The book also addresses how law enforcement is critically assessed in the 21st century when implementing the rule of law and order. Covering topics such as counterterrorism, cybersecurity, biological and chemical weapons, and scientific inquiry, this is an essential text for law enforcement, intelligence specialists, analysts, cybersecurity professionals, government officials, students, teachers, professors, practitioners, and researchers in fields that include terrorism and national security.
Author: Ronald A. Cass
Publisher: JHU Press
ISBN: 9780801874413
Category : Law
Languages : en
Pages : 234
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Book Description
Drawing upon extensive experience in law, government service, teaching, and research, Ronald Cass offers a contribution to the ongoing public discussion on law and society. After opening his discussion with chapters on the rule of law in American society, Cass turns to the hard case of its application to the president of the United States. Through this prism Cass examines the behavior of judges who may not always act according to a "perfect model." This book provides a corrective to criticism of the American legal system raised all too frequently by some members of the academy. Rather than concentrating on relatively minor inconsistencies in the law and slight departures from the ideal of perfectly constrained decision making, Cass argues that the energies of his fellow scholars could be better spent on more serious defects in the legal system. With a special section on the 2000 presidential election, including the Florida recount and Supreme Court decision, The rule of law in America offers a look at a subject of interest to legal scholars and general readers alike.
Author: Helen M. Stacy
Publisher: Stanford University Press
ISBN: 0804771022
Category : Political Science
Languages : en
Pages : 365
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Book Description
A new moral, ethical, and legal framework is needed for international human rights law. Never in human history has there been such an elaborate international system for human rights, yet from massive disasters, such as the Darfur genocide, to everyday tragedies, such as female genital mutilation, human rights abuses continue at an alarming rate. As the world population increases and global trade brings new wealth as well as new problems, international law can and should respond better to those who live in fear of violence, neglect, or harm. Modern critiques global human rights fall into three categories: sovereignty, culture, and civil society. These are not new problems, but have long been debated as part of the legal philosophical tradition. Taking lessons from tradition and recasting them in contemporary light, Helen Stacy proposes new approaches to fill the gaps in current approaches: relational sovereignty, reciprocal adjudication, and regional human rights. She forcefully argues that law and courts must play a vital role in forging a better human rights vision in the future.
