From Rule By Law To Rule Of Law

Author : Tom Ginsburg,Tamir Moustafa
Publisher : Cambridge University Press
Page : 392 pages
File Size : 43,9 Mb
Release : 2008-05-08
Category : Law
ISBN : 0521720419

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Rule By Law by Tom Ginsburg,Tamir Moustafa Pdf

Scholars have generally assumed that courts in authoritarian states are pawns of their regimes, upholding the interests of governing elites and frustrating the efforts of their opponents. As a result, nearly all studies in comparative judicial politics have focused on democratic and democratizing countries. This volume brings together leading scholars in comparative judicial politics to consider the causes and consequences of judicial empowerment in authoritarian states. It demonstrates the wide range of governance tasks that courts perform, as well as the way in which courts can serve as critical sites of contention both among the ruling elite and between regimes and their citizens. Drawing on empirical and theoretical insights from every major region of the world, this volume advances our understanding of judicial politics in authoritarian regimes.

Author : Fernanda Pirie
Publisher : Basic Books
Page : 546 pages
File Size : 54,7 Mb
Release : 2021-11-09
Category : History
ISBN : 9781541617957

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The Rule of Laws by Fernanda Pirie Pdf

From ancient Mesopotamia to today, the epic story of how humans have used laws to forge civilizations Rulers throughout history have used laws to impose order. But laws were not simply instruments of power and social control. They also offered ordinary people a way to express their diverse visions for a better world. In The Rule of Laws, Oxford scholar Fernanda Pirie traces the rise and fall of the sophisticated legal systems underpinning ancient empires and religious traditions, while also showing how common people—tribal assemblies, merchants, farmers—called on laws to define their communities, regulate trade, and build civilizations. Although legal principles originating in Western Europe now seem to dominate the globe, the variety of the world’s laws has long been almost as great as the variety of its societies. What truly unites human beings, Pirie argues, is our very faith that laws can produce justice, combat oppression, and create order from chaos.

Author : Adam Przeworski,José María Maravall
Publisher : Cambridge University Press
Page : 338 pages
File Size : 46,5 Mb
Release : 2003-07-21
Category : Law
ISBN : 0521532663

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Democracy and the Rule of Law by Adam Przeworski,José María Maravall Pdf

This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes rule-of-law as an institutional equilibrium from rule-by-law is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.

Author : Nick Cheesman
Publisher : Cambridge University Press
Page : 337 pages
File Size : 54,5 Mb
Release : 2015-03-12
Category : History
ISBN : 9781107083189

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Opposing the Rule of Law by Nick Cheesman Pdf

A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.

Author : Adis Nicolaidis, Kalypso Merdzanovic
Publisher : BoD – Books on Demand
Page : 180 pages
File Size : 48,5 Mb
Release : 2021-04-20
Category : Law
ISBN : 9783838215419

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A Citizen’s Guide to the Rule of Law by Adis Nicolaidis, Kalypso Merdzanovic Pdf

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 : Imer B. Flores,Kenneth E. Himma
Publisher : Springer Science & Business Media
Page : 196 pages
File Size : 41,7 Mb
Release : 2012-09-29
Category : Philosophy
ISBN : 9789400747425

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Law, Liberty, and the Rule of Law by Imer B. Flores,Kenneth E. Himma Pdf

In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.

Author : FERNANDA PIRIE
Publisher : Unknown
Page : 128 pages
File Size : 48,9 Mb
Release : 2022-08-04
Category : Electronic
ISBN : 1788163036

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THE RULE OF LAWS by FERNANDA PIRIE Pdf

Author : Pietro Costa,Danilo Zolo
Publisher : Springer Science & Business Media
Page : 700 pages
File Size : 45,6 Mb
Release : 2007-05-06
Category : Law
ISBN : 9781402057458

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The Rule of Law History, Theory and Criticism by Pietro Costa,Danilo Zolo Pdf

Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.

Author : Elaine Scarry
Publisher : MIT Press
Page : 219 pages
File Size : 44,5 Mb
Release : 2010-04-02
Category : Political Science
ISBN : 9780262265775

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Rule of Law, Misrule of Men by Elaine Scarry Pdf

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 : Mortimer Sellers,Tadeusz Tomaszewski
Publisher : Springer Science & Business Media
Page : 253 pages
File Size : 55,8 Mb
Release : 2010-07-23
Category : Law
ISBN : 9789048137497

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The Rule of Law in Comparative Perspective by Mortimer Sellers,Tadeusz Tomaszewski Pdf

This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

Author : Christopher May,Adam Winchester
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 46,9 Mb
Release : 2018-08-31
Category : Law
ISBN : 9781786432445

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Handbook on the Rule of Law by Christopher May,Adam Winchester Pdf

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 : Richard Bellamy
Publisher : Routledge
Page : 743 pages
File Size : 45,6 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351540698

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The Rule of Law and the Separation of Powers by Richard Bellamy Pdf

The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.

Author : James R. Silkenat,James E. Hickey Jr.,Peter D. Barenboim
Publisher : Springer
Page : 367 pages
File Size : 55,9 Mb
Release : 2014-05-28
Category : Law
ISBN : 9783319055855

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The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) by James R. Silkenat,James E. Hickey Jr.,Peter D. Barenboim Pdf

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 : Michael Zurn,Andre Nollkaemper,Randy Peerenboom
Publisher : Cambridge University Press
Page : 128 pages
File Size : 43,6 Mb
Release : 2012-06-18
Category : Law
ISBN : 9781139510974

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Rule of Law Dynamics by Michael Zurn,Andre Nollkaemper,Randy Peerenboom Pdf

This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

Author : Brian Z. Tamanaha
Publisher : Cambridge University Press
Page : 196 pages
File Size : 53,8 Mb
Release : 2004-11-18
Category : Juvenile Nonfiction
ISBN : 0521604656

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On the Rule of Law by Brian Z. Tamanaha Pdf

The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.