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Rule of Law at the Beginning of the Twenty-first Century

Rule of Law at the Beginning of the Twenty-first Century
Author: Martin Belov
Publisher:
Total Pages: 346
Release: 2018
Genre: Rule of law
ISBN: 9789462368583

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This book is a collaborative effort of 22 authors, striving to provide a multi-discursive analysis of the structural challenges to rule of law at the beginning of the twenty-first century. It proposes critical assessment of the adjustment of rule of law to the shifts and changes in the socio-legal context and in the institutional design on all levels of socio-legal relations - national, international and supranational - as well as in many spheres of the social life. Rule of Law at the Beginning of the Twenty-First Centuryputs forward a discussion on the capability of rule of law to cope with globalization, information revolution, financial capitalism, migration, social and political (dis)integration, terrorism, transnational corporate criminality, multilevel and supranational governance and constitutional pluralism. The book commences with deliberation on the conceptual, theoretical and normative features of rule of law. The aim is to advance discussion on the relationship between rule of law and other constitutional principles such as sovereignty, democracy, welfare state, subsidiarity and solidarity. Special emphasis is put on the role of the courts as well as on the investment arbitration for promotion or hindering of rule of law. Rule of law infringements are analyzed in comparative legal and socio-legal perspective in the light of the democratic backsliding hypothesis. Last but not least, the impact of migration on democracy, welfare state, solidarity and security as basic preconditions for well-established constitutional order based on rule of law is thoroughly researched.


The Rule of Law in the 21st Century

The Rule of Law in the 21st Century
Author: Robert A. Stein
Publisher:
Total Pages: 0
Release: 2022-02-08
Genre: Judicial independence
ISBN: 9781787427952

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Foreword to the first edition by Ruth Bader Ginsburg (Seiten 7-8). This book examines the concept of the rule of law from a variety of perspectives, beginning with the basic principles and all-important definitional issue of what the term "rule of law" means. It includes fully updated chapters on the independence of the judiciary and the internationalisation of the rule of law. This edition also contains several new chapters.


International Law in the 21st Century

International Law in the 21st Century
Author: Christopher C. Joyner
Publisher: Rowman & Littlefield
Total Pages: 388
Release: 2005
Genre: Law
ISBN: 9780742500099

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In the freshest new international law text in 20 years, Christopher C. Joyner offers a critical assessment of international legal rules in the early 21st century as they are applied by governments to the real world. Looking at concepts and principles, processes and critical problems, Joyner steers clear of an old-time case method approach, preferring to treat issues thematically. He shows the challenges of international law in terms of peace, security, human rights, the environment, and economic justice. Particular features of the book include engaging vignettes, clearly defined key terms, and special coverage of emerging topics including common spaces; international criminal law; rules, norms, and regimes; and trade relations and commercial exchange. Through it all, Joyner maintains an intent focus on the role of the individual in the evolving international legal order.


Law, Legal Culture and Politics in the Twenty First Century

Law, Legal Culture and Politics in the Twenty First Century
Author: Günther Doeker-Mach
Publisher: Franz Steiner Verlag
Total Pages: 538
Release: 2004
Genre: Philosophy
ISBN: 9783515083171

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This is a collection of essays on general and specific topics of comparative private and comparative public law by distinguished legal scholars from every part of the world in honour to the work of Alice Ehr-Soon Tay. The essays demonstrate the changing approach to common law in legal culture and present a body of texts on comparative law problems arching from Asia to Europe to Australia. The volume furthermore indicates that there is no area where comparative law has proved more dominant and useful than in regard to human rights and comparative constitutional analysis. Finally, this book is an outstanding cross-cultural contribution to comparative private law and comparative constitutional law in terms of understanding legal culture and law. It will be invaluable to all those who practise, teach or judge law. Articles by Kim Santow, Saul Fridman, W. M. C. Gummow, J. A. Jolowicz, Hiroshi Matsuo, Ivan Shearer, Christopher Birch, Tom Campbell, Roland Drago, Jennifer Hill, Michael Kirby, Karin Lemercier, Aleksander Peczenik, Robert S. Summers, Albert H.Y. Chen, Jianfu Chen, Edward McWhinney, Eric Smithburn, Klaus A. Ziegert, Margaret Allars, Han Depei, Guenther Doeker-Mach, Hoang Van Hao, Tommy Koh, Adam Lopatka, Gabriel A. Moens, Cao Duc Thai, Wang Gungwu, Peter Wesley-Smith, Murray Gleeson, Julia Horne List of Publications of Alice Erh-Soon-Tay .


The End of Law

The End of Law
Author: William E. Scheuerman
Publisher: Rowman & Littlefield
Total Pages: 358
Release: 2019-10-18
Genre: Philosophy
ISBN: 1786611562

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Scholarly and political interest in the work of the controversial twentieth century German thinker Carl Schmitt has exploded in the 20 years since William E. Scheuerman’s important book was first published. However, Scheuerman’s work remains distinctive. Firstly, it focuses directly on Schmitt’s complex ideas about law, situating his views within broader debates about the rule of law and its fate. The volume shows how every facet of his political thinking was decisively shaped by his legal reflections. Secondly, the volume takes Schmitt’s Nazi-era political and legal writings no less seriously. Finally, the volume offers a series of studies on figures in postwar US political thought (Friedrich Hayek and Joseph Schumpeter), demonstrating how Schmitt shaped their own influential theories. This timely second edition underscores how and why the recent growth of interest in Schmitt has been prompted by political developments, for example, debates about counterterrorism and emergency government, and the rise of authoritarian populism.


Justice In The 21st Century

Justice In The 21st Century
Author: Russell Fox
Publisher: Routledge
Total Pages: 271
Release: 2012-10-02
Genre: Law
ISBN: 1135316414

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Hon Russell Fox argues that the existing common law procedural system is not equal to the demands of the coming century. Beginning with a thoroughly researched analysis of the large scale dissatisfaction with and disaffection from the present day courts, this book proposes means for approaching Justice in the Twenty-First Century. This book is essential reading for all lawyers, judges, politicians and citizens interested in the question of remedying the significant problems plaguing the current system for the provision of justice in Australia, England and the United States. Foreword provided by the Rt Hon Lord Irvine of Lairg, the Lord Chancellor of Great Britain.


The Rule of Law in the 21st Century

The Rule of Law in the 21st Century
Author: Professor Robert A. Stein
Publisher:
Total Pages: 321
Release: 2021
Genre: Electronic books
ISBN: 9781787427976

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This book, published in association with the International Bar Association, examines the concept of the rule of law from a variety of perspectives, beginning with the basic principles and all-important definitional issue of what the term "rule of law" means.


The Rule of Law in America

The Rule of Law in America
Author: Ronald A. Cass
Publisher: JHU Press
Total Pages: 234
Release: 2001
Genre: Law
ISBN: 9780801874413

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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.


Getting to the Rule of Law

Getting to the Rule of Law
Author: James E. Fleming
Publisher: NYU Press
Total Pages: 310
Release: 2011-09-01
Genre: Political Science
ISBN: 0814728448

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The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.


Law as a Means to an End

Law as a Means to an End
Author: Brian Z. Tamanaha
Publisher: Cambridge University Press
Total Pages: 238
Release: 2006-10-02
Genre: Law
ISBN: 1139459228

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The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.