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| Author | : Michael Zurn |
| Publisher | : Cambridge University Press |
| Total Pages | : 401 |
| Release | : 2012-06-18 |
| Genre | : Law |
| ISBN | : 1107024714 |
Download Rule of Law Dynamics Book in PDF, ePub and Kindle
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 | : Matthieu Burnay |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 336 |
| Release | : 2018-07-27 |
| Genre | : Law |
| ISBN | : 1788112393 |
Download Chinese Perspectives on the International Rule of Law Book in PDF, ePub and Kindle
This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
| Author | : Machiko Kanetake |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 416 |
| Release | : 2016-04-21 |
| Genre | : Law |
| ISBN | : 1782256156 |
Download The Rule of Law at the National and International Levels Book in PDF, ePub and Kindle
This book aims to enhance understanding of the interactions between the international and national rule of law. It demonstrates that the international rule of law is not merely about ensuring national compliance with international law. International law and institutions (eg, international human rights treaty-monitoring bodies and human rights courts) respond to national contestations and show deference to the national rule of law. While this might come at the expense of the certainty of international law, it suggests that the international rule of law can allow for flexibility, national diversity and pluralism. The essays in this volume are set against the background of increasing conflict between international and national legal norms. Moreover the book shows that international law and institutions do not always command blind national obedience to international law, but incorporate a process of adjustment and deference to national law and policies that are protected by the rule of law at the national level.
| Author | : |
| Publisher | : |
| Total Pages | : 162 |
| Release | : 2008 |
| Genre | : Rule of law |
| ISBN | : |
Download The Rule of Law at the National and International Levels Book in PDF, ePub and Kindle
"The inventory is intended to serve as a practical guide to the work of the United Nations system for the promotion of the rule of law at the national and international levels ... It is based on information provided by 40 United Nations entities."--Summary.
| Author | : Rainer Arnold |
| Publisher | : Springer |
| Total Pages | : 444 |
| Release | : 2017-05-16 |
| Genre | : Law |
| ISBN | : 3319551868 |
Download Rule of Law, Human Rights and Judicial Control of Power Book in PDF, ePub and Kindle
Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.
| Author | : André Nollkaemper |
| Publisher | : Oxford University Press |
| Total Pages | : 384 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 0191652822 |
Download National Courts and the International Rule of Law Book in PDF, ePub and Kindle
This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court reviewed detention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian Supreme Court reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107). This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.
| Author | : Tom Bingham |
| Publisher | : Penguin UK |
| Total Pages | : 236 |
| Release | : 2011-07-07 |
| Genre | : Law |
| ISBN | : 0141962011 |
Download The Rule of Law Book in PDF, ePub and Kindle
'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 | : Augusto Lopez-Claros |
| Publisher | : Cambridge University Press |
| Total Pages | : 561 |
| Release | : 2020-01-23 |
| Genre | : Law |
| ISBN | : 1108754724 |
Download Global Governance and the Emergence of Global Institutions for the 21st Century Book in PDF, ePub and Kindle
Is there any hope for those who despair at the state of the world and the powerlessness of governments to find a way forward? Global Governance and the Emergence of Global Institutions for the 21st Century provides ambitious but reasonable proposals to give our globalized world the institutions of international governance necessary to address effectively the catastrophic risks facing humanity that are beyond national control. The solution, the authors suggest, is to extend to the international level the same principles of sensible governance that exist in well-governed national systems: rule of law, legislation in the common interest, an executive branch to implement such legislation, and courts to enforce it. The best protection is unified collective action, based on shared values and respect for diversity, to implement widely accepted international principles to advance universal human prosperity and well-being. This title is also available as Open Access.
| Author | : Heike Krieger |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 401 |
| Release | : 2019-08 |
| Genre | : Law |
| ISBN | : 0198843607 |
Download The International Rule of Law Book in PDF, ePub and Kindle
This edited volume examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values? Or are we, to the contrary, facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law's contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.
| Author | : Martin Belov |
| Publisher | : |
| Total Pages | : 346 |
| Release | : 2018 |
| Genre | : Rule of law |
| ISBN | : 9789462368583 |
Download Rule of Law at the Beginning of the Twenty-first Century Book in PDF, ePub and Kindle
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.
