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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: Harold Baer (Jr.)
Publisher: American Bar Association
ISBN: 9781616328030
Category : Human rights
Languages : en
Pages : 0
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Book Description
This slim volume seeks to illustrate what can happen when the judiciary is stripped of its independence and prevented from following the rule of law. While it provides some lessons from foreign nations where the rule of law has been sublimated to opportunistic leaders, it also provides a chilling reminder that it can happen here.
Author: Raymond Wacks
Publisher: Bloomsbury Publishing
ISBN: 1509950605
Category : Law
Languages : en
Pages : 256
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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: Christopher May
Publisher: Edward Elgar Publishing
ISBN: 1786432447
Category : Law
Languages : en
Pages : 576
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Book Description
The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.
Author: Tom Bingham
Publisher: Penguin UK
ISBN: 0141962011
Category : Law
Languages : en
Pages : 236
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Book Description
'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Author: Edward M. Harris
Publisher: Oxford University Press
ISBN: 0199899169
Category : History
Languages : en
Pages : 488
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Book Description
The Law in Action in Democratic Athens is the first extensive study of the importance of the rule of law in Athenian democracy.
Author: Paul Gowder
Publisher: Cambridge University Press
ISBN: 131649554X
Category : Law
Languages : en
Pages : 289
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Book Description
In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.
Author: James R. Silkenat
Publisher: Springer
ISBN: 3319055852
Category : Law
Languages : en
Pages : 366
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Book Description
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
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: Paul Gowder
Publisher: Hart Publishing
ISBN: 150995466X
Category : Law
Languages : en
Pages : 0
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Book Description
What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? This open access book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by Northwestern University Pritzker School of Law and the Northwestern Open Access Fund, provided by Northwestern University Libraries.
