The Democratic Rule Of Law On Trial

Author : Sonja Grover
Publisher : Routledge
Page : 186 pages
File Size : 55,8 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.

Author : A. James McAdams
Publisher : Unknown
Page : 344 pages
File Size : 46,7 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.

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 55,9 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.

Author : Kent Roach
Publisher : Unknown
Page : 372 pages
File Size : 55,5 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?

Author : Mark Ungar
Publisher : Lynne Rienner Publishers
Page : 298 pages
File Size : 55,6 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.

Author : Dr. Michael Dassama
Publisher : Xlibris Corporation
Page : 57 pages
File Size : 52,7 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.

Author : Yosal Rogat
Publisher : Pickle Partners Publishing
Page : 81 pages
File Size : 55,7 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.

Author : James J. Gobert
Publisher : Dartmouth Publishing Company
Page : 272 pages
File Size : 42,8 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.

Author : Michael Zurn,Andre Nollkaemper,Randy Peerenboom
Publisher : Cambridge University Press
Page : 128 pages
File Size : 40,7 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 : Rachel E. Bowen
Publisher : Cambridge University Press
Page : 303 pages
File Size : 40,6 Mb
Release : 2017-06-26
Category : Law
ISBN : 9781107178328

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The Achilles Heel of Democracy by Rachel E. Bowen Pdf

Machine generated contents note: 1. Societally penetrated judiciaries and the democratic rule of law; 2. The evolution of judicial regimes; 3. Costa Rica: a liberal judicial regime; 4. Government control regimes in Central America versus the rule of law; 5. Clandestine control in Guatemala; 6. Partisan systems; Conclusion

Author : András Sajó,Lorri Rutt Bentch
Publisher : Eleven International Publishing
Page : 271 pages
File Size : 54,9 Mb
Release : 2004
Category : Civil rights
ISBN : 9789077596043

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Militant Democracy by András Sajó,Lorri Rutt Bentch Pdf

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Author : Paul Howe,Peter H. Russell
Publisher : McGill-Queen's Press - MQUP
Page : 356 pages
File Size : 48,7 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.

Author : Jens Meierhenrich,Devin Owen Pendas
Publisher : Cambridge University Press
Page : 451 pages
File Size : 50,9 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.

Author : Ron Levy,Graeme Orr
Publisher : Routledge
Page : 271 pages
File Size : 49,7 Mb
Release : 2016-11-03
Category : Law
ISBN : 9781134502066

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The Law of Deliberative Democracy by Ron Levy,Graeme Orr Pdf

Laws have colonised most of the corners of political practice, and now substantially determine the process and even the product of democracy. Yet analysis of these laws of politics has been hobbled by a limited set of theories about politics. Largely absent is the perspective of deliberative democracy – a rising theme in political studies that seeks a more rational, cooperative, informed, and truly democratic politics. Legal and political scholarship often view each other in reductive terms. This book breaks through such caricatures to provide the first full-length examination of whether and how the law of politics can match deliberative democratic ideals. Essential reading for those interested in either law or politics, the book presents a challenging critique of laws governing electoral politics in the English-speaking world. Judges often act as spoilers, vetoing or naively reshaping schemes meant to enhance deliberation. This pattern testifies to deliberation’s weak penetration into legal consciousness. It is also a fault of deliberative democracy scholarship itself, which says little about how deliberation connects with the actual practice of law. Superficially, the law of politics and deliberative democracy appear starkly incompatible. Yet, after laying out this critique, The Law of Deliberative Democracy considers prospects for reform. The book contends that the conflict between law and public deliberation is not inevitable: it results from judicial and legislative choices. An extended, original analysis demonstrates how lawyers and deliberativists can engage with each other to bridge their two solitudes.

Author : Yosal Rogat
Publisher : Unknown
Page : 128 pages
File Size : 45,8 Mb
Release : 1961
Category : Electronic
ISBN : OCLC:312562345

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