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Author: Raymond Wacks Publisher: Bloomsbury Publishing ISBN: 1509950591 Category : Law Languages : en Pages : 279
Book Description
Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege? In this timely and important book, Raymond Wacks examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. He then investigates 16 potential ideological, economic, legal, and institutional dangers to the rule of law. They range from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the 'war on terror', and the disquieting power of Big Tech. He also considers the enactment and enforcement in several countries of Draconian measures to curtail the spread of COVID-19, which has generated fears that these emergency powers may outlive the pandemic and become a permanent feature of the legal landscape, thereby impairing the rule of law. Wacks identifies which issues among this extensive array pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.
Author: Raymond Wacks Publisher: Bloomsbury Publishing ISBN: 1509950591 Category : Law Languages : en Pages : 279
Book Description
Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege? In this timely and important book, Raymond Wacks examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. He then investigates 16 potential ideological, economic, legal, and institutional dangers to the rule of law. They range from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the 'war on terror', and the disquieting power of Big Tech. He also considers the enactment and enforcement in several countries of Draconian measures to curtail the spread of COVID-19, which has generated fears that these emergency powers may outlive the pandemic and become a permanent feature of the legal landscape, thereby impairing the rule of law. Wacks identifies which issues among this extensive array pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.
Author: Raymond Wacks Publisher: Bloomsbury Publishing ISBN: 1509950605 Category : Law Languages : en Pages : 256
Book Description
Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege? In this timely and important book, Raymond Wacks examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. He then investigates 16 potential ideological, economic, legal, and institutional dangers to the rule of law. They range from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the 'war on terror', and the disquieting power of Big Tech. He also considers the enactment and enforcement in several countries of Draconian measures to curtail the spread of COVID-19, which has generated fears that these emergency powers may outlive the pandemic and become a permanent feature of the legal landscape, thereby impairing the rule of law. Wacks identifies which issues among this extensive array pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.
Author: Ronald A. Cass Publisher: JHU Press ISBN: 9780801874413 Category : Law Languages : en Pages : 234
Book Description
Drawing upon extensive experience in law, government service, teaching, and research, Ronald Cass offers a contribution to the ongoing public discussion on law and society. After opening his discussion with chapters on the rule of law in American society, Cass turns to the hard case of its application to the president of the United States. Through this prism Cass examines the behavior of judges who may not always act according to a "perfect model." This book provides a corrective to criticism of the American legal system raised all too frequently by some members of the academy. Rather than concentrating on relatively minor inconsistencies in the law and slight departures from the ideal of perfectly constrained decision making, Cass argues that the energies of his fellow scholars could be better spent on more serious defects in the legal system. With a special section on the 2000 presidential election, including the Florida recount and Supreme Court decision, The rule of law in America offers a look at a subject of interest to legal scholars and general readers alike.
Author: Tom Bingham Publisher: Penguin UK ISBN: 0141962011 Category : Law Languages : en Pages : 236
Book Description
'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Author: Harold Baer (Jr.) Publisher: American Bar Association ISBN: 9781616328030 Category : Human rights Languages : en Pages : 0
Book Description
This slim volume seeks to illustrate what can happen when the judiciary is stripped of its independence and prevented from following the rule of law. While it provides some lessons from foreign nations where the rule of law has been sublimated to opportunistic leaders, it also provides a chilling reminder that it can happen here.
Author: David M. Beatty Publisher: Oxford University Press, USA ISBN: 9780199269808 Category : Law Languages : en Pages : 228
Book Description
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: Jennifer A. Widner Publisher: W W Norton & Company Incorporated ISBN: 9780393976892 Category : Biography & Autobiography Languages : en Pages : 464
Book Description
A new order is being forged in Africa. States across the continent are working, fighting, and negotiating in an effort to construct liberal societies and effective government. Organized around the life of Francis L. Nyalali, who served as Chief Justice of Tanzania from 1976 through 1999, Building the Rule of Law shows how judges negotiate new institutional relationships. Through the trials and disappointments of Frances Nyalali, we learn the intricate difficulty of erecting an independent judicial system. But in his success and the success of his homeland, we see the crucial role of justice in an effective democracy.
Author: Lawrence T. Bennett Publisher: Waveland Press ISBN: 1478634715 Category : Law Languages : en Pages : 404
Book Description
The frequency of lawsuits in the private and public sectors is proliferating, and the fire service is not immune. The protections afforded by Sovereign Immunity have eroded, and fire departments are rightfully being held to quality standards. They face an increasing number of responsibilities that expose them to litigation. Given his legal background and ongoing active role in the fire service, the author is in a unique position to provide expertise on how to avoid legal problems by learning from the experiences of others. The second edition of Fire Service Law continues to provide much-needed coverage of the key areas in which a firefighter or fire department is likely to encounter litigation. The fundamental legal principles presented will serve as an excellent foundation for proper decision making and protocol in a fire service organization. The real-life case studies and relevant examples taken from today’s headlines are valuable tools in the study of fire and EMS law. End-of-chapter review questions correspond to the case studies, and Expand Your Learning exercises are included for student and group assignments. Readers of this authoritative guide can stay abreast of the latest court decisions affecting fire department operations by accessing the author’s Fire, EMS, & Safety Law Newsletter website.
Author: James R. Silkenat Publisher: Springer ISBN: 3319055852 Category : Law Languages : en Pages : 366
Book Description
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: Michael I. Krauss Publisher: ISBN: 9780945999829 Category : Law Languages : en Pages : 0
Book Description
The state of Mississippi's lawsuit against tobacco companies in 1994 was quickly emulated by more than a dozen other states and then the federal government. Not to be outdone, more than a dozen cities and the federal government have followed the city of New Orleans's lead and sued gun manufacturers. Do these lawsuits signal new directions for more effective public policy or a new and dangerous trend whereby governments use tort law to achieve public policy objectives they were unable to accomplish legislatively? In this new policy report, so-called government "recoupment" lawsuits are carefully examined and found to be flagrant abuses of the constitutional separation of powers, seriously undermining over 200 hundred years of common-law torts adjudication. Author Michael Krauss, a leading legal scholar on the relationship between tort law and personal freedoms, systematically dissects the tobacco and firearm recoupment lawsuits. He shows how such lawsuits betray every criterion of sound, effective, and just tort law. The lawsuits against gun manufacturers can show no damages, no proximate causation, and no wrongdoing. Similarly, governments have no direct damages to claim against tobacco manufacturers and cannot legally stand in the place of individual smokers or their families. This book concludes that recoupment lawsuits are incompatible with civil freedoms, representative democracy, and the rule of law upon which institutions of a free society depend.
Author: Raymond Wacks
Author: Raymond Wacks
Author: Raymond Wacks
Author: Ronald A. Cass
Author: Tom Bingham
Author: Harold Baer (Jr.)
Author: David M. Beatty
Author: Jennifer A. Widner
Author: Lawrence T. Bennett
Author: James R. Silkenat
Author: Michael I. Krauss