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Author: Gerald J. Postema Publisher: Oxford University Press ISBN: 0190645342 Category : Languages : en Pages : 401
Book Description
The rule of law, once widely embraced and emulated, now faces serious threats to its viability. To get our bearings we must return to first principles. This book articulates and defends a comprehensive, coherent, and compelling conception of the rule of law and defends it against serious challenges to its intelligibility, relevance, and normative force. The rule of law's ambition, it argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association. Two principles immediately follow from this core: sovereignty of law, demanding that those who exercise ruling power govern with law and that law governs them, and equality in the eyes of the law, demanding that law's protection extend to all bound by it. Animating law's rule, the ethos of fidelity commits all members of the political community, officials and lay members alike, to take responsibility for holding each other accountable under the law. Part I articulates this conception and locates its moral foundation in a commitment to common membership of each person, recognizing their freedom, dignity, and status as peers. Part II addresses serious challenges currently facing law's rule: finding a place in the legal system for equity, mercy, and effective responses to emergencies, taming the new leviathans of the digital world, and extending law's rule beyond national borders.
Author: Oren Gross Publisher: Cambridge University Press ISBN: 1139457756 Category : Political Science Languages : en Pages : 48
Book Description
This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
Author: Jonathan Sumption Publisher: Profile Books ISBN: 1782838074 Category : Law Languages : en Pages : 237
Book Description
'Thoughtful, stimulating and even entertaining ... Lord Sumption's opinion is always worth listening to, even - or especially - if one disagrees with it.' Daily Telegraph 'Time spent on Law in a Time of Crisis is time spent in the company of a brilliant mind considering interesting things' The Times Brexit, the independence referendum, the pandemic: the UK is a country in crisis. And, in crises, we turn to the law to set the boundaries of what the government can and should do. However, in a country with no written constitution, what sounds like a simple proposition is in fact anything but. Based on his 2019 Reith lectures, former Supreme Court Judge Jonathan Sumption asks: what are the limits of law in politics? Is not having a constitution a hindrance or help in times of crisis? From referenda to the rise of nationalisms, Law in a Time of Crisis exposes the uses and abuses of legal intervention in British crises - past, present, and potential.
Author: George Ulrich Publisher: ISBN: 0198849664 Category : Law Languages : en Pages : 369
Book Description
For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law. History indeed shows that international law has developed through reacting to previous experiences of crisis, reflecting an agreement on what it takes to avoid their repetition. However, human society evolves and challenges existing rules, structures, and agreements. International law is confronted with questions as to the suitability of the existing legal framework for new stages of development. Ulrich and Ziemele here bring together an expert group of scholars to address the question of how international law confronts crises today in terms of legal thought, rule-making, and rule-application. The editors have characterized international law and crisis discourse as one of a dialectical nature, and have grouped the articles contained in the volume under four main themes: security, immunities, sustainable development, and philosophical perspectives. Each theme pertains to an area of international law which at the present moment in time is subject to notable challenges and confrontations from developments in human society. The surprising general conclusion which emerges is that, by and large, the international legal system contains concepts, principles, rules, mechanisms and formats for addressing the various developments that may prima facie seem to challenge these very same elements of the system. Their use, however, requires informed policy decisions.
Author: Michael P. Scharf Publisher: Cambridge University Press ISBN: 052176680X Category : History Languages : en Pages : 333
Book Description
All ten of the living former U.S. State Department legal advisers from the Carter administration to that of George W. Bush examine the role international law played during the major crises on their watch.
Author: Tom Ginsburg Publisher: Cambridge University Press ISBN: 1108492290 Category : Business & Economics Languages : en Pages : 0
Book Description
Financial crises put pressure on constitutional orders, inviting exceptional responses that vary in effectiveness, and have an impact long afterwards.
Author: Daniele D'Alvia Publisher: Routledge ISBN: 100061090X Category : Law Languages : en Pages : 118
Book Description
Focusing on the Global Financial Crisis 2007-2010 and the new emerging Covid-19 crisis in 2020, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate, and constitute the basis through which a new theory of legal constants can be introduced in comparative law. Crisis impose a dramatic reformulation of the law, the Covid-19 confirms this trend, and new out-of-law instances are appearing beyond a paternalistic approach of direct State regulation. Restructuring procedures are playing a vital role in businesses’ survival, and new out-of-law mechanisms such as moratorium agreements and private workouts have become essential to preserve businesses. It is clear that the role of the law has completely changed, and this book argues that constants outside of the law are new ways to promote an “uncodified-codification” of the law. The case for uncodified uncertainty in the Covid-19 crisis is a primary example of how no codification process can ignore the importance of out-of-law instances in the act of making law. This book explores how this approach influences the harmonisation process of international economic law between national insolvency regimes and international agreed frameworks, demonstrating the role of comparative law in formulating legal constants using Covid-19 and the complexity of modern financial markets as the criterion to introduce the reader to this new theory, which claims a new role for comparative law in policy making processes within the framework of international economic law.
Author: Makane Moïse Mbengue Publisher: BRILL ISBN: 9004472363 Category : Law Languages : en Pages : 208
Book Description
This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.
Author: Gerald J. Postema Publisher: Oxford University Press ISBN: 0190645342 Category : Languages : en Pages : 401
Book Description
The rule of law, once widely embraced and emulated, now faces serious threats to its viability. To get our bearings we must return to first principles. This book articulates and defends a comprehensive, coherent, and compelling conception of the rule of law and defends it against serious challenges to its intelligibility, relevance, and normative force. The rule of law's ambition, it argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association. Two principles immediately follow from this core: sovereignty of law, demanding that those who exercise ruling power govern with law and that law governs them, and equality in the eyes of the law, demanding that law's protection extend to all bound by it. Animating law's rule, the ethos of fidelity commits all members of the political community, officials and lay members alike, to take responsibility for holding each other accountable under the law. Part I articulates this conception and locates its moral foundation in a commitment to common membership of each person, recognizing their freedom, dignity, and status as peers. Part II addresses serious challenges currently facing law's rule: finding a place in the legal system for equity, mercy, and effective responses to emergencies, taming the new leviathans of the digital world, and extending law's rule beyond national borders.
Author: Clement Fatovic Publisher: JHU Press ISBN: 0801893623 Category : Law Languages : en Pages : 363
Book Description
The origins of presidential claims to extraconstitutional powers during national crises are contentious points of debate among constitutional and legal scholars. The Constitution is silent on the matter, yet from Abraham Lincoln's suspension of habeas corpus during the Civil War to George W. Bush's creation of the "enemy combatants" label, a number of presidents have invoked emergency executive power in defense of actions not specifically endorsed in the Constitution or granted by Congress. Taking up the debate, Clement Fatovic digs into the intellectual history of the nation's founding to argue that the originators of liberal constitutional theory explicitly endorsed the use of extraordinary, extralegal measures to deal with genuine national emergencies. He traces the evolution of thought on the matter through the writings of John Locke, David Hume, William Blackstone, and the founding fathers, finding in them stated support for what Locke termed "prerogative," tempered by a carefully construed concept of public-oriented virtues. Fatovic maintains that the founders believed that moral character and republican decency would restrain the president from abusing this grant of enhanced authority and ensure that it remained temporary. This engaging, carefully considered survey of the conceptions of executive power in constitutional thought explains how liberalism's founders attempted to reconcile the principles of constitutional government with the fact that some circumstances would demand that an executive take normally proscribed actions. Scholars of liberalism, the American founding, and the American presidency will find Fatovic's reasoned arguments against the conventional wisdom enlightening. -- Ernest B. Abbott
Author: Michael Head Publisher: Taylor & Francis ISBN: 1134795297 Category : Law Languages : en Pages : 283
Book Description
Why have the early years of the 21st century seen increasing use of emergency-type powers or claims of supra-legal executive authority, particularly by the Western countries regarded as the world's leading democracies, notably the United States? This book examines the extraordinary range of executive and prerogative powers, emergency legislation, martial law provisos and indemnities in countries with English-derived legal systems, primarily the UK, the US and Australia. The author challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks. This volume also considers why the reputation of Carl Schmitt, the best-known champion of 'exceptional' dictatorial powers during the post-1919 Weimer Republic in Germany, and who later enthusiastically served and sanctified the Nazi dictatorship, is being rehabilitated, and examines why his totalitarian doctrines are thought to be of relevance to modern society. This diverse book will be of importance to politicians, the media, the legal profession, as well as academics and students of law, humanities and politics.
Author: Gerald J. Postema
Author: Oren Gross
Author: Jonathan Sumption
Author: George Ulrich
Author: Michael P. Scharf
Author: Tom Ginsburg
Author: Daniele D'Alvia
Author: Makane Moïse Mbengue
Author: Gerald J. Postema
Author: Clement Fatovic
Author: Michael Head