The Legal Doctrines Of The Rule Of Law And The Legal State Rechtsstaat

Author : James R. Silkenat,James E. Hickey Jr.,Peter D. Barenboim
Publisher : Springer
Page : 367 pages
File Size : 40,6 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 : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
Page : 544 pages
File Size : 48,8 Mb
Release : 2009
Category : International law
ISBN : 9781584777175

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General Theory of Law and State by Hans Kelsen Pdf

Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.

Author : Günter Frankenberg
Publisher : Edward Elgar Publishing
Page : 321 pages
File Size : 55,7 Mb
Release : 2014-01-31
Category : Law
ISBN : 9781783472529

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Political Technology and the Erosion of the Rule of Law by Günter Frankenberg Pdf

This timely volume by distinguished scholar Günter Frankenberg offers a sophisticated analysis and sharp critique of the reactions of nations such as the US, Great Britain and Germany to perceived terrorist threats, organized crime actions and other political emergencies that have occurred in recent years.

Author : Franz Neumann
Publisher : Berg Publishers
Page : 384 pages
File Size : 47,6 Mb
Release : 1986
Category : Law
ISBN : UOM:39015012149301

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The Rule of Law by Franz Neumann Pdf

Author : Schedler, Kuno
Publisher : Edward Elgar Publishing
Page : 419 pages
File Size : 52,9 Mb
Release : 2022-08-16
Category : Political Science
ISBN : 9781800375499

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Elgar Encyclopedia of Public Management by Schedler, Kuno Pdf

This comprehensive Encyclopedia is an essential reference text for students, scholars and practitioners in public management. Offering a broad and inter-cultural perspective on public management as a field of practice and science, it covers all the most relevant and contemporary terms and concepts, comprising 78 entries written by nearly 100 leading international scholars.

Author : Markus Höfner
Publisher : Rowman & Littlefield
Page : 338 pages
File Size : 41,7 Mb
Release : 2021-10-25
Category : Religion
ISBN : 9781978710061

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Theo-Politics? by Markus Höfner Pdf

Using the theological work of Karl Barth as a resource for present-day inquiry, the contributors in this volume discuss the complex interconnections between the religious and the political designated by the term theo-politics. Speaking from various political and cultural contexts (Germany, the United Kingdom, the United States, Hong Kong, Taiwan, and the People’s Republic of China) and different disciplinary perspectives (Protestant Theology, Political Sciences, and Sociology), the contributors address contemporary challenges in relating the religious and the political in Western and Asian societies. Topics analyzed include the impact of diverse cultural backgrounds on given theo-political arrangements, theological assessments of political power, the political significance of individual and communal Christian existence and the place of Christian communities in civil societies. In their nuanced discussions of these topics, the contributors neither advocate for a privatized, apolitical understanding of the Christian faith nor for a religious politics seeking to overcome modern processes of differentiation and secularization. Critically engaging Barth’s theology, they examine the Christian responsibility in and for the political sphere and reflect on the practice of such responsibility in Western and Asian contexts.

Author : Hossein Esmaeili,Irmgard Marboe,Javaid Rehman
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 43,8 Mb
Release : 2017-12-14
Category : Law
ISBN : 9781782257509

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The Rule of Law, Freedom of Expression and Islamic Law by Hossein Esmaeili,Irmgard Marboe,Javaid Rehman Pdf

The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.

Author : Ramona Coman
Publisher : Springer Nature
Page : 301 pages
File Size : 49,7 Mb
Release : 2022-04-23
Category : Political Science
ISBN : 9783030973674

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The Politics of the Rule of Law in the EU Polity by Ramona Coman Pdf

This book analyses the challenges facing the European Union through the frame of the rule of law. It shows how over the last decades the increased dissensus and contestation of the rule of law has given rise to heightened tensions between national and EU institutions, leading to the establishment of new soft and hard policy tools to safeguard it at the supranational level. The book proposes a comprehensive and multifaceted analysis of the current state of debates by exploring how EU institutional actors seek to uphold the Union’s values. It shows that European integration in core state powers is the outcome of the clash between liberal and anti-liberal ideas, between dissensus and contestation over how collective problems should be solved, in a community of voices featuring assent and dissent, all of which give democracy its substance. Beyond the analysis of the emerging EU’s rule of law policy, the book will help readers to better understand the EU’s fragilities and resilience and the potential challenges for the future of EU integration.

Author : Pietro Costa,Danilo Zolo
Publisher : Springer
Page : 700 pages
File Size : 54,6 Mb
Release : 2007-05-07
Category : Law
ISBN : 140205744X

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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 : Denise Wohlwend
Publisher : Edward Elgar Publishing
Page : 328 pages
File Size : 43,8 Mb
Release : 2021-05-28
Category : Law
ISBN : 9781789907421

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The International Rule of Law by Denise Wohlwend Pdf

This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.

Author : Hans Petter Graver
Publisher : Springer
Page : 301 pages
File Size : 48,9 Mb
Release : 2014-09-11
Category : Law
ISBN : 9783662442937

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Judges Against Justice by Hans Petter Graver Pdf

This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?

Author : Geert Corstens
Publisher : Bloomsbury Publishing
Page : 153 pages
File Size : 47,7 Mb
Release : 2017-08-10
Category : Law
ISBN : 9781509903641

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Understanding the Rule of Law by Geert Corstens Pdf

The 'rule of law' is increasingly regarded as integral to liberal democracy, and its significance is frequently discussed by lawyers, academics, politicians and the media. But the meaning of the phrase is not always clear. What does 'the rule of law' mean exactly? And why is it so important to the democratic state and, above all, its citizens? In Understanding the Rule of Law, former president of the Dutch Supreme Court Geert Corstens paints a lively and accessible portrait of the rule of law in practice. The focus is on the role of the courts, where the tensions in a democratic state governed by the rule of law are often discussed and resolved. Using landmark judgments, Geert Corstens explains what judges do and why their work is valuable. What do minimum sentences and prisoners' voting rights have to do with each other? Why is there no easy answer to the question of whether a paedophile organisation should be banned? Why is it no joke when the Italian politician Silvio Berlusconi calls the judiciary 'the cancer of democracy'? Understanding the Rule of Law provides the answers to these and many other questions, and is essential reading for anyone interested in the state of democracy today.

Author : International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher : Unknown
Page : 412 pages
File Size : 52,7 Mb
Release : 1997
Category : Law
ISBN : STANFORD:36105023436301

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Rule of Law by International Association for Philosophy of Law and Social Philosophy. World Congress Pdf

Partial proceedings of the 17th World Congress of the International Association of Legal and Social Philosophy, held in Bologna, June 16-21, 1995.

Author : Eugénie Mérieau
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 52,5 Mb
Release : 2021-12-02
Category : Law
ISBN : 9781509927715

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Constitutional Bricolage by Eugénie Mérieau Pdf

This book analyses the unique constitutional system in operation in Thailand as a continuous process of bricolage between various Western constitutional models and Buddhist doctrines of Kingship. Reflecting on the category of 'constitutional monarchy' and its relationship with notions of the rule of law, it investigates the hybridised semi-authoritarian, semi-liberal monarchy that exists in Thailand. By studying constitutional texts and political practices in light of local legal doctrine, the book shows that the monarch's affirmation of extraordinary prerogative powers strongly rests on wider doctrinal claims about constitutionalism and the rule of law. This finding challenges commonly accepted assertions about Thailand, arguing that the King's political role is not the remnant of the 'unfinished' borrowing of Western constitutionalism, general disregard for the law, or cultural preference for 'charismatic authority', as generally thought. Drawing on materials and sources not previously available in English, this important work provides a comprehensive and critical account of the Thai 'mixed constitutional monarchy' from the late 19th century to the present day.

Author : Jens Meierhenrich,Martin Loughlin
Publisher : Cambridge University Press
Page : 715 pages
File Size : 49,6 Mb
Release : 2021-08-12
Category : History
ISBN : 9781316512135

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The Cambridge Companion to the Rule of Law by Jens Meierhenrich,Martin Loughlin Pdf

Introduces students, scholars, and practitioners to the theory and history of the rule of law.