The Democratic Rule Of Law On Trial

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The Democratic Rule of Law on Trial

Sonja Grover
The Democratic Rule of Law on Trial Book PDF

Author : Sonja Grover
Publisher : Routledge
Page : 186 pages
File Size : 46,8 Mb
Release : 2022-06-23
Category : Law
ISBN : 9781000599725

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The Democratic Rule of Law on Trial by Sonja Grover Pdf

This book examines selected high-profile U.S. First Amendment cases occurring during the Trump era as a vehicle for exploring a possible fundamental commonality in understanding the democratic rule of law globally. In each of these cases, the adjudicating body’s analytical legal strategy is discussed in terms of how it reinforces or detracts from the democratic rule of law. It was and continues to be highly internationally anticipated as to what legal examples are being set by this established democracy when confronted by legal contests between the former Trump administration and those alleging their rights were somehow violated by the executive of that time. Thus, the book is instructive for an international audience on the essential role of the courts in protecting democracy through providing, where supported by the law and the facts, a remedy for the aggrieved comparatively powerless. The book will be essential reading for academics and researchers working in the areas of constitutional law, politics and human rights.

Transitional Justice and the Rule of Law in New Democracies

A. James McAdams
Transitional Justice and the Rule of Law in New Democracies Book PDF

Author : A. James McAdams
Publisher : Unknown
Page : 344 pages
File Size : 51,6 Mb
Release : 1997
Category : Law
ISBN : UOM:49015003418283

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Transitional Justice and the Rule of Law in New Democracies by A. James McAdams Pdf

This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.

Ethical Principles for Judges

Canadian Judicial Council
Ethical Principles for Judges Book PDF

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 42,5 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

The Supreme Court on Trial

Kent Roach
The Supreme Court on Trial Book PDF

Author : Kent Roach
Publisher : Unknown
Page : 372 pages
File Size : 49,5 Mb
Release : 2001
Category : Judicial process
ISBN : STANFORD:36105060997538

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The Supreme Court on Trial by Kent Roach Pdf

This book addresses timely questions: What is judicial activism? Can judges simply read their own political preferences into the Charter? Does the Court have the last word over democratically elected legislatures? Are our judges captives of special interests? What can Canadians and their governments do if they think the Court has got it wrong?

Elusive Reform

Mark Ungar
Elusive Reform Book PDF

Author : Mark Ungar
Publisher : Lynne Rienner Publishers
Page : 298 pages
File Size : 48,5 Mb
Release : 2002
Category : Law
ISBN : 1588260356

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Elusive Reform by Mark Ungar Pdf

Democracy cannot exist, proclaims Ungar (political science, City U. of New York-Brooklyn College) without the rule of law, which he defines as comprising an independent effective judiciary, state accountability to the law, and citizen accessibility to conflict-resolution mechanisms. He looks to Latin American countries to illustrate how stable democracies are undermined by executive power and judicial disarray that prevent the rule of law from taking hold. Annotation copyrighted by Book News, Inc., Portland, OR.

Principles and Efficacy of the Rule of Law

Dr. Michael Dassama
Principles and Efficacy of the Rule of Law Book PDF

Author : Dr. Michael Dassama
Publisher : Xlibris Corporation
Page : 57 pages
File Size : 49,9 Mb
Release : 2022-07-22
Category : Law
ISBN : 9781664118058

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Principles and Efficacy of the Rule of Law by Dr. Michael Dassama Pdf

Despite several attempts to perfect the guiding principles of our democratic liberalism within the context of “The Rule of Law”, certain loop-holes and gray areas still surface which disfigured and disabled the effective working or functionality of the aforesaid structure. The question is, why irrespective of dynamic and charismatic political advocacy for the strengthening of our society on the basis of the Rule of Law yet; ruthlessness, usurpation of fundamental Rights are trampled upon by those who should have been patriotic exponents to uphold its sacred values? The aim of this book project, is to elucidate those factors which are in place that militates against our fundamental structure that has been advocated for by intellectuals, political and social Activists in the bid to creating an ideal human environment; free from suppression, injustice, unlawful arrest and detention, illegal and unlawful imprisonment without trial before a legally constituted court system, baseless restrictions of expression, of association, of political choice of candidates without victimization and the practical implementation of free and fair election. Does it mean that those in authority are not applying the Rule of Law? Of course it goes without saying that application does to some extent have been applicable but, how applicable and effective it has been is the aim of this project to examine and explain areas that has gross negligence and thus need to be rectified under principles and efficacy of the Rule of Law. In order words, to identify certain structures which must be in place for the effectiveness of the implementation of the Rule of Law which is, the foundation of our Human Rights that could be of help to students reading for a political science program and law.

The Eichmann Trial and The Rule of Law

Yosal Rogat
The Eichmann Trial and The Rule of Law Book PDF

Author : Yosal Rogat
Publisher : Pickle Partners Publishing
Page : 81 pages
File Size : 47,5 Mb
Release : 2018-12-01
Category : History
ISBN : 9781789124675

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The Eichmann Trial and The Rule of Law by Yosal Rogat Pdf

The Eichmann Trial and The Rule of Law by Professor Yosal Rogat is one of a series of pamphlets concerning issues that are fundamental to the maintenance of a free society. These pamphlets and related materials were first published in 1961 by the Center for the Study of Democratic Institutions at Santa Barbara, California. The work of the Center was directed at clarifying basic questions of freedom and justice, especially those constitutional questions raised by the emergence of twentieth century institutions. Among the areas that were studied were the economic order, the political process, law, communications, the American character, war as an institution.

Justice, Democracy, and the Jury

James J. Gobert
Justice Democracy and the Jury Book PDF

Author : James J. Gobert
Publisher : Dartmouth Publishing Company
Page : 272 pages
File Size : 43,6 Mb
Release : 1997
Category : Law
ISBN : STANFORD:36105023138220

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Justice, Democracy, and the Jury by James J. Gobert Pdf

Within this text, James Gobert looks at the role and function of the jury and the individual juror. He examines these from a number of perspectives: legal, historical, political, psychological and philosophical. The objective of the volume is to bring together the lessons to be gleaned from the various disciplines which have studied jury-related issues in an attempt to gain a deeper, fuller understanding of the jury. The American and British jury systems are compared in the book, but the comparative study does not extend to any further countries.

Rule of Law Dynamics

Michael Zurn,Andre Nollkaemper,Randy Peerenboom
Rule of Law Dynamics Book PDF

Author : Michael Zurn,Andre Nollkaemper,Randy Peerenboom
Publisher : Cambridge University Press
Page : 128 pages
File Size : 46,6 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).

Judicial Power and Canadian Democracy

Paul Howe,Peter H. Russell
Judicial Power and Canadian Democracy Book PDF

Author : Paul Howe,Peter H. Russell
Publisher : McGill-Queen's Press - MQUP
Page : 356 pages
File Size : 41,7 Mb
Release : 2001
Category : Law
ISBN : 0773522255

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Judicial Power and Canadian Democracy by Paul Howe,Peter H. Russell Pdf

Chiefly papers originally presented at Guiding the Rule of Law into the 21st Century, a conference held Apr. 16-17, 1999 at the University of Ottawa.

Political Trials in Theory and History

Jens Meierhenrich,Devin Owen Pendas
Political Trials in Theory and History Book PDF

Author : Jens Meierhenrich,Devin Owen Pendas
Publisher : Cambridge University Press
Page : 451 pages
File Size : 45,5 Mb
Release : 2016
Category : Law
ISBN : 9781107079465

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Political Trials in Theory and History by Jens Meierhenrich,Devin Owen Pendas Pdf

This book presents an empirically rigorous and theoretically sophisticated account of political trials.

Opposing the Rule of Law

Nick Cheesman
Opposing the Rule of Law Book PDF

Author : Nick Cheesman
Publisher : Cambridge University Press
Page : 337 pages
File Size : 49,5 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'.

Civil Justice, Privatization, and Democracy

Trevor C.W. Farrow
Civil Justice Privatization and Democracy Book PDF

Author : Trevor C.W. Farrow
Publisher : University of Toronto Press
Page : 400 pages
File Size : 55,8 Mb
Release : 2014-04-30
Category : Law
ISBN : 9781442695030

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Civil Justice, Privatization, and Democracy by Trevor C.W. Farrow Pdf

Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

The Achilles Heel of Democracy

Rachel E. Bowen
The Achilles Heel of Democracy Book PDF

Author : Rachel E. Bowen
Publisher : Unknown
Page : 292 pages
File Size : 40,9 Mb
Release : 2017
Category : LAW
ISBN : 1316838714

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The Achilles Heel of Democracy by Rachel E. Bowen Pdf

"Featuring the first in-depth comparison of the judicial politics of five under-studied Central American countries, The Achilles Heel of Democracy offers a novel typology of 'judicial regime types' based on the political independence and societal autonomy of the judiciary. This book highlights the under-theorized influences on the justice system - criminals, activists, and other societal actors, and the ways that they intersect with more overtly political influences. Grounded in interviews with judges, lawyers, and activists, it presents the 'high politics' of constitutional conflicts in the context of national political conflicts as well as the 'low politics' of crime control and the operations of trial-level courts. The book begins in the violent and often authoritarian 1980s in Guatemala, El Salvador, Honduras, and Nicaragua, and spans through the tumultuous 2015 'Guatemalan Spring'; the evolution of Costa Rica's robust liberal judicial regime is traced from the 1950s"--

Trials of the State

Jonathan Sumption
Trials of the State Book PDF

Author : Jonathan Sumption
Publisher : Profile Books
Page : 77 pages
File Size : 44,8 Mb
Release : 2019-08-29
Category : Law
ISBN : 9781782836223

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Trials of the State by Jonathan Sumption Pdf

A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.