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Author: Raymond Wacks
Publisher: Bloomsbury Publishing
ISBN: 1509950591
Category : Law
Languages : en
Pages : 279
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Book Description
Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege? In this timely and important book, Raymond Wacks examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. He then investigates 16 potential ideological, economic, legal, and institutional dangers to the rule of law. They range from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the 'war on terror', and the disquieting power of Big Tech. He also considers the enactment and enforcement in several countries of Draconian measures to curtail the spread of COVID-19, which has generated fears that these emergency powers may outlive the pandemic and become a permanent feature of the legal landscape, thereby impairing the rule of law. Wacks identifies which issues among this extensive array pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.
Author: Raymond Wacks
Publisher: Bloomsbury Publishing
ISBN: 1509950591
Category : Law
Languages : en
Pages : 279
Get Book Here
Book Description
Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege? In this timely and important book, Raymond Wacks examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. He then investigates 16 potential ideological, economic, legal, and institutional dangers to the rule of law. They range from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the 'war on terror', and the disquieting power of Big Tech. He also considers the enactment and enforcement in several countries of Draconian measures to curtail the spread of COVID-19, which has generated fears that these emergency powers may outlive the pandemic and become a permanent feature of the legal landscape, thereby impairing the rule of law. Wacks identifies which issues among this extensive array pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.
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: Adis Nicolaidis, Kalypso Merdzanovic
Publisher: BoD – Books on Demand
ISBN: 3838215419
Category : Law
Languages : en
Pages : 180
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Book Description
In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.
Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
ISBN: 1139459228
Category : Law
Languages : en
Pages : 238
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Book Description
The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.
Author: Preet Bharara
Publisher: Vintage
ISBN: 0525521135
Category : Political Science
Languages : en
Pages : 370
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Book Description
*A New York Times Bestseller* An important overview of the way our justice system works, and why the rule of law is essential to our survival as a society—from the one-time federal prosecutor for the Southern District of New York, and host of the Doing Justice podcast. Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, he argues, we must also acknowledge and allow for flaws both in our justice system and in human nature. Bharara uses the many illustrative anecdotes and case histories from his storied, formidable career—the successes as well as the failures—to shed light on the realities of the legal system and the consequences of taking action. Inspiring and inspiringly written, Doing Justice gives us hope that rational and objective fact-based thinking, combined with compassion, can help us achieve truth and justice in our daily lives. Sometimes poignant and sometimes controversial, Bharara's expose is a thought-provoking, entertaining book about the need to find the humanity in our legal system as well as in our society.
Author: Steven A. Sund
Publisher: Blackstone Publishing
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 360
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Book Description
One of the darkest days in American history became an extraordinary story of courage under fire. Courage under Fire is United States Capitol Police Chief Steven A. Sund’s gripping personal account that takes readers inside the events leading up to January 6, and provides a detailed and harrowing minute-by-minute account of the attack on the US Capitol, which was valiantly defended in hand-to-hand combat by the US Capitol Police officers who found themselves outnumbered fifty-eight to one. Courage under Fire draws upon audio recordings, key documents, and government records as it traces Sund’s extraordinary journey from his command post on January 6 to his explosive behind-closed-doors testimony before the January 6 committee. Steven A. Sund, one of only ten men in history to hold the title of Chief of the US Capitol Police, has coordinated dozens of National Special Security Events, responded to numerous critical incidents and active shooter events, and has protected every living US president. But nothing could have prepared him for the violent attack on the US Capitol on January 6, 2021. Three days before the attack, Chief Sund requested the assistance of the National Guard. This request was denied. In preparation for the Joint Session of Congress, Chief Sund directed every available sworn officer to be on duty to protect the Capitol and all of its members and staff. But it wasn’t enough. The savage attack that followed was a well-planned and carefully coordinated armed assault on the United States Capitol, involving thousands. The shock and horror of this attack exploded on TV screens worldwide as US Capitol Police officers under Chief Sund’s command found themselves facing a violent siege, hit with pipes, fire extinguishers, boards, and flag poles. Dedicated men and women were knocked unconscious and sprayed with mace and bear spray as live pipe bombs were discovered at the national headquarters of both major political parties. Finally, multiple police lines were breached. Then the building was breached. The National Guard didn’t arrive until it was much too late. In the end, 150 officers were seriously injured, and nine Americans were dead. Now, for the first time, Chief Steven Sund has written the definitive inside story of the perfect storm of events that led up to the attack on the US Capitol on January 6, a day that rocked the nation and threatened our democracy. As the Capitol descended into chaos, insurrectionists infiltrated and stormed its hallowed halls and democracy was pushed to the brink. Few people realize just how close we came to seeing the Vice President, the Speaker of the House, and countless members of Congress beaten, maimed, or killed. There have been many false reports and outright lies concerning the conduct of the US Capitol Police on January 6, and there has been no accountability for the individuals who bear most of the responsibility for the failures that left the USCP unprepared that day—from the shocking failures in intelligence to the outright stonewalling Chief Sund received from the Pentagon when he repeatedly called for the National Guard’s help, even as the attack on the Capitol was raging. Two years later, so many questions still remain unanswered: What did the intelligence community know about the plans of the insurrectionists before the attack? Why was the request for the National Guard continually denied and delayed? Why was the nation’s capital so vulnerable? Forced to take the fall and resign, this is Chief Sund’s chance to answer those questions and to tell the full truth about what really happened on January 6.
Author: Jonathan Lavery
Publisher: Rowman & Littlefield
ISBN: 1611475422
Category : History
Languages : en
Pages : 388
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Book Description
Since Aristotle's famous declaration that the speculative sciences originated with the emergence of a leisure class, it has been accepted as a truism that intellectual activity requires political stability and leisure in order to flourish. Paradoxically, however, some of the most powerful and influential contributions to Western intellectual culture have been produced in conditions that were adverse-indeed hostile-to intellectual activity. Examples include Socrates' stirring defense of the examined life before a hostile Athenian jury, Boethius writing The Consolation of Philosophy under the specter of impending torture and execution, Galileo devising key notions for modern mechanics while under house arrest, and Jean-Paul Sartre drafting portions of Being and Nothingness in his war diaries, to name only a few of the most famous incidents-all extraordinary achievements spawned, developed or completed in adversity. In cases such as these, a philosopher or scientist must manage somehow to remain intellectually creative and focused despite living in conditions that are adverse or hostile to thought. In brief, they are working on ideas under fire. This book is a survey of several momentous cases of philosophers and scientists working under fire. Each chapter of Ideas Under Fire explores a particular case or set of related cases. For each case contributors consider two questions: How did the individual at the center of a particular moment of discovery overcome such formidable obstacles to leisure and conceptually abstract thought? And how did adversity shape their thinking under fire? Each chapter has been written by a specialist on its respective subject, and the book covers every period of Western history. All the chapters are written in an accessible style that is intended to appeal to both specialists and generalists.
Author: David Dyzenhaus
Publisher: Bloomsbury Publishing
ISBN: 1847311415
Category : Law
Languages : en
Pages : 388
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Book Description
This collection of essays on the rule of law focuses on the traditional question whether the rule of law is necessarily the rule of moral principles, the question of the legitimacy of law. Essays by lawyers, philosophers, and political theorists illuminate and take forward both that question and debate about issues to do with the reach of the rule of law which complicate its answer. The essays are divided into sections which deal, first, with legal orders where the rule of law is under severe stress, second, with the question of the value of the rule of law as a conceptual problem, and, third, with the question of the limits of legal order. Contributors: Richard Abel, Jody Freeman, Robert Alexy, Neil MacCormick, Kenneth Winston, Andras Sajo, Alon Harel, Anton Fagan, Anthony Sebok, Christine Sypnowich, Allan Hutchinson, Bill Scheuerman, John MacCormick, Julian Rivers, Henry Richardson, David Dyzenhaus.
Author: Jennifer A. Widner
Publisher: W W Norton & Company Incorporated
ISBN: 9780393976892
Category : Biography & Autobiography
Languages : en
Pages : 464
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Book Description
A new order is being forged in Africa. States across the continent are working, fighting, and negotiating in an effort to construct liberal societies and effective government. Organized around the life of Francis L. Nyalali, who served as Chief Justice of Tanzania from 1976 through 1999, Building the Rule of Law shows how judges negotiate new institutional relationships. Through the trials and disappointments of Frances Nyalali, we learn the intricate difficulty of erecting an independent judicial system. But in his success and the success of his homeland, we see the crucial role of justice in an effective democracy.
Author: Alessandra Arcuri
Publisher: Routledge
ISBN: 1000390144
Category : Law
Languages : en
Pages : 346
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Book Description
Technocratic law and governance is under fire. Not only populist movements have challenged experts. NGOs, public intellectuals and some academics have also criticized the too close relation between experts and power. While the amount of power gained by experts may be contested, it is unlikely and arguably undesirable that experts will cease to play an influential role in contemporary regulatory regimes. This book focuses on whether and how experts involved in policymaking can and should be held accountable. The book, divided into four parts, combines theoretical analysis with a wide variety of case studies expounding the challenges of holding experts accountable in a multilevel setting. Part I offers new perspectives on accountability of experts, including a critical comparison between accountability and a virtue-ethical framework for experts, a reconceptualization of accountability through the rule of law prism and a discussion of different ways to operationalize expert accountability. Parts I–IV, organized around in-depth case studies, shed light on the accountability of experts in three high-profile areas for technocratic governance in a European and global context: economic and financial governance, environmental/health and safety governance, and the governance of digitization and data protection. By offering fresh insights into the manifold aspects of technocratic decisionmaking and suggesting new avenues for rethinking expert accountability within multilevel governance, this book will be of great value not only to students and scholars in international and EU law, political science, public administration, science and technology studies but also to professionals working within EU institutions and international organizations.
