The Rule Of Law In Retreat

Author : Slawomir Redo
Publisher : Rowman & Littlefield
Page : 403 pages
File Size : 55,9 Mb
Release : 2022-03-22
Category : Law
ISBN : 9781666911572

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The Rule of Law in Retreat by Slawomir Redo Pdf

In the past decade the Rule of Law developments in the world have become contentious; its idea, concept, and global implementation have met growing resistance, which may soon shift the global balance of power, prompting international crisis. This book offers insights into the globally relevant Rule-of-Law ramifications for human rights, constitutional law, and philosophy of law in the time of such considerable challenges to it. From this legal perspective, the contributors analyze the questions of independence of judiciary, liberal education, freedom of mass media; populism, and corruption. They discuss global civic education, enhanced social inclusion, violence prevention, restorative justice and other methods of civic participation that can create larger opportunities for freedom in a UN world and help overcome increased ideological division between global North and South.

Author : Sanda Rodgers,Sheila McIntyre
Publisher : Unknown
Page : 538 pages
File Size : 52,6 Mb
Release : 2010
Category : Judgements
ISBN : 0433462728

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The Supreme Court of Canada and Social Justice by Sanda Rodgers,Sheila McIntyre Pdf

Author : Robert Paul Wolff
Publisher : New York : Simon and Schuster
Page : 264 pages
File Size : 41,8 Mb
Release : 1971
Category : Law
ISBN : UOM:39015063816758

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The Rule of Law by Robert Paul Wolff Pdf

Author : Johan Van Der Walt
Publisher : Taylor & Francis
Page : 270 pages
File Size : 49,6 Mb
Release : 2022-07-20
Category : Law
ISBN : 9781000603897

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The Literary Exception and the Rule of Law by Johan Van Der Walt Pdf

Addressing the influential analysis of law and literature, this book offers a new perspective on their relationship. The law and literature movement that has gained global prominence in the course of last decades of the twentieth and the first decades of the twenty-first centuries has provided the research and teaching of law with a considerable body of new and valuable knowledge and understanding. Most of the knowledge and insights generated by the movement concern either a thematic overlap between legal and literary discourses – suggesting they deal with the same moral concerns – or a rhetorical, semiotic or general linguistic comparability or ‘sameness’ between them – imputing to both the same or very similar narrative structures. The Literary Exception and the Rule of Law recognises the wealth of knowledge generated by this approach to the relationship between law and literature, and acknowledges its debt to this genre of scholarship. It nevertheless also proposes, on the basis of a number of revealing phenomenological inquiries, a different approach to law and literary studies: one that emphasises the irreducible difference between law and literature. It does so with the firm believe that a regard for the very different and indeed opposite discursive trajectories of legal and literary language allows for a more profound understanding of the unique and indeed separate roles that the discourses of law and literature generally play in the sustenance of relatively stable legal cultures. This important rethinking of the relationship between law and literature will appeal to scholars and students of legal theory, jurisprudence, philosophy, politics and literary theory.

Author : Brian Christopher Jones
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 41,6 Mb
Release : 2021-06-03
Category : Law
ISBN : 9781509933983

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Democracy and Rule of Law in China's Shadow by Brian Christopher Jones Pdf

This book provides detailed insight into some of the most contentious events occurring in jurisdictions operating within China's vast shadow. Epic clashes between law and politics have become a regular fixture throughout the world, and no region has seen more of these than Asia. In some cases these conflicts have involved newfound democratic aspirations or democratic deepening, while in others it has arisen because of pushback against authoritarian or semi-authoritarian governments. Indeed, many of these clashes centre on or involve the region's most powerful and controversial player: China. This book focuses on several of these critical struggles, examining how democracy and the rule of law play out in a number of jurisdictions highly influenced by China's presence. Chapters provide insightful analysis on issues such as: major threats to the rule of law and attempts to uphold the principle, oath-taking controversies, foreign judges and the disparagement of the judiciary, unconstitutional and undemocratic provisions, changing ideas of representation, a right to democracy in international law, same-sex marriage rights, and the legal responses to civil disobedience in Taiwan and Hong Kong, among other topics. Ultimately, the book delivers a contemporary understanding of how democracy and the rule of law both complement and converge in this fascinating region.

Author : Michael Zurn,Andre Nollkaemper,Randy Peerenboom
Publisher : Cambridge University Press
Page : 128 pages
File Size : 40,8 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 : John F. Murphy
Publisher : Cambridge University Press
Page : 376 pages
File Size : 43,5 Mb
Release : 2004-09-16
Category : Law
ISBN : 0521529689

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The United States and the Rule of Law in International Affairs by John F. Murphy Pdf

Publisher Description

Author : Judge Advocate General's School (United States. Army)
Publisher : Unknown
Page : 128 pages
File Size : 43,6 Mb
Release : 1963
Category : Courts-martial and courts of inquiry
ISBN : MINN:31951D00707491Y

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Judge Advocate Legal Service by Judge Advocate General's School (United States. Army) Pdf

Author : Anonim
Publisher : Unknown
Page : 460 pages
File Size : 44,9 Mb
Release : 1963
Category : Courts-martial and courts of inquiry
ISBN : STANFORD:36105211345280

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Judge Advocate Legal Service by Anonim Pdf

Author : Randall Peerenboom
Publisher : Cambridge University Press
Page : 700 pages
File Size : 52,6 Mb
Release : 2002-09-26
Category : History
ISBN : 0521016746

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China's Long March Toward Rule of Law by Randall Peerenboom Pdf

Argues that China is in transition from rule by law to a version of rule of law.

Author : Anonim
Publisher : Unknown
Page : 484 pages
File Size : 42,6 Mb
Release : 1963
Category : Military art and science
ISBN : UCAL:$B631083

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DA Pam by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 2352 pages
File Size : 40,8 Mb
Release : 1984
Category : Military art and science
ISBN : UOM:39015035046674

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Department of the Army Pamphlet by Anonim Pdf

Author : Fiona Leverick
Publisher : OUP Oxford
Page : 248 pages
File Size : 50,6 Mb
Release : 2006-12-07
Category : Law
ISBN : 9780191566653

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Killing in Self-Defence by Fiona Leverick Pdf

This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book is devoted to identifying the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It considers the relationship between self-defence and the closely related defences of duress and necessity. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence. There is detailed analysis of the way in which, on a human rights approach, it is appropriate to treat the issues of retreat, imminence of harm, self-generated self-defence, mistake and proportionality, with a particular focus on whether lethal force is ever permissible in protecting property or in preventing rape. The analysis draws on material from all of the major common law jurisdictions. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence, especially in the areas of mistaken belief and the degree of force permissible to protect property.

Author : David M. Beatty
Publisher : Oxford University Press, USA
Page : 228 pages
File Size : 55,5 Mb
Release : 2004
Category : Law
ISBN : 0199269807

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The Ultimate Rule of Law by David M. Beatty Pdf

The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.

Author : Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke
Publisher : Cambridge University Press
Page : 625 pages
File Size : 44,9 Mb
Release : 2018-11-29
Category : History
ISBN : 9781108417112

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Global Constitutionalism from European and East Asian Perspectives by Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke Pdf

Examines and compares East Asian and European perspectives of Global Constitutionalism.