The The Democratic Rule Of Law On Trial PDF Download
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| Author | : Sonja Grover |
| Publisher | : Routledge |
| Total Pages | : 186 |
| Release | : 2022-06-23 |
| Genre | : Law |
| ISBN | : 1000599728 |
Download The Democratic Rule of Law on Trial Book in PDF, ePub and Kindle
This book examines selected high-profile U.S. First Amendment cases occurring during the Trump era as a vehicle for exploring a possible fundamental commonality in understanding the democratic rule of law globally. In each of these cases, the adjudicating body’s analytical legal strategy is discussed in terms of how it reinforces or detracts from the democratic rule of law. It was and continues to be highly internationally anticipated as to what legal examples are being set by this established democracy when confronted by legal contests between the former Trump administration and those alleging their rights were somehow violated by the executive of that time. Thus, the book is instructive for an international audience on the essential role of the courts in protecting democracy through providing, where supported by the law and the facts, a remedy for the aggrieved comparatively powerless. The book will be essential reading for academics and researchers working in the areas of constitutional law, politics and human rights.
| Author | : Edward M. Harris |
| Publisher | : Oxford University Press |
| Total Pages | : 488 |
| Release | : 2013-09 |
| Genre | : History |
| ISBN | : 0199899169 |
Download The Rule of Law in Action in Democratic Athens Book in PDF, ePub and Kindle
The Law in Action in Democratic Athens is the first extensive study of the importance of the rule of law in Athenian democracy.
| Author | : A. James McAdams |
| Publisher | : |
| Total Pages | : 344 |
| Release | : 1997 |
| Genre | : Law |
| ISBN | : |
Download Transitional Justice and the Rule of Law in New Democracies Book in PDF, ePub and Kindle
This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.
| Author | : András Sajó |
| Publisher | : Cambridge University Press |
| Total Pages | : 630 |
| Release | : 2021-08-12 |
| Genre | : Law |
| ISBN | : 1108956319 |
Download Ruling by Cheating Book in PDF, ePub and Kindle
There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.
| Author | : Christopher J. Peters |
| Publisher | : Oxford University Press |
| Total Pages | : 377 |
| Release | : 2011-01-19 |
| Genre | : Law |
| ISBN | : 0199749957 |
Download A Matter of Dispute Book in PDF, ePub and Kindle
Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.
| Author | : Alexander Hamilton |
| Publisher | : Read Books Ltd |
| Total Pages | : 455 |
| Release | : 2018-08-20 |
| Genre | : History |
| ISBN | : 1528785878 |
Download The Federalist Papers Book in PDF, ePub and Kindle
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
| Author | : András Sajó |
| Publisher | : Eleven International Publishing |
| Total Pages | : 271 |
| Release | : 2004 |
| Genre | : Civil rights |
| ISBN | : 9077596046 |
Download Militant Democracy Book in PDF, ePub and Kindle
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
| Author | : James Gobert |
| Publisher | : Routledge |
| Total Pages | : 252 |
| Release | : 2019-06-04 |
| Genre | : Social Science |
| ISBN | : 0429676093 |
Download Justice, Democracy and the Jury Book in PDF, ePub and Kindle
First published in 1997, this volume recognises that on trial in every criminal case heard by a jury is not only the defendant but the democratic premise that ordinary citizens are capable of sitting in judgement on that defendant. The jury is a quintessential democratic institution, the lay cog in a criminal justice machine dominated by lawyers, judges and police. Today, however, the jury finds itself under attack – on the right, for perverse verdicts, and, on the left, for miscarriages of justice. Justice, Democracy and the Jury is an attempt to place the jury within a historical, political and philosophical framework, and to analyse the decision-making processes at work on a jury. The book also examines whether the model of the jury can be adapted to other decision-making contexts and whether "citizens juries" can be used to revive a flagging democracy and to empower the people on issues of public concern.
| Author | : Dr. Michael Dassama |
| Publisher | : Xlibris Corporation |
| Total Pages | : 57 |
| Release | : 2022-07-22 |
| Genre | : Law |
| ISBN | : 1664118055 |
Download Principles and Efficacy of the Rule of Law Book in PDF, ePub and Kindle
Despite several attempts to perfect the guiding principles of our democratic liberalism within the context of “The Rule of Law”, certain loop-holes and gray areas still surface which disfigured and disabled the effective working or functionality of the aforesaid structure. The question is, why irrespective of dynamic and charismatic political advocacy for the strengthening of our society on the basis of the Rule of Law yet; ruthlessness, usurpation of fundamental Rights are trampled upon by those who should have been patriotic exponents to uphold its sacred values? The aim of this book project, is to elucidate those factors which are in place that militates against our fundamental structure that has been advocated for by intellectuals, political and social Activists in the bid to creating an ideal human environment; free from suppression, injustice, unlawful arrest and detention, illegal and unlawful imprisonment without trial before a legally constituted court system, baseless restrictions of expression, of association, of political choice of candidates without victimization and the practical implementation of free and fair election. Does it mean that those in authority are not applying the Rule of Law? Of course it goes without saying that application does to some extent have been applicable but, how applicable and effective it has been is the aim of this project to examine and explain areas that has gross negligence and thus need to be rectified under principles and efficacy of the Rule of Law. In order words, to identify certain structures which must be in place for the effectiveness of the implementation of the Rule of Law which is, the foundation of our Human Rights that could be of help to students reading for a political science program and law.
| Author | : Sonja C. Grover |
| Publisher | : Springer Nature |
| Total Pages | : 283 |
| Release | : 2020-02-17 |
| Genre | : Law |
| ISBN | : 3030350851 |
Download Judicial Activism and the Democratic Rule of Law Book in PDF, ePub and Kindle
In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.
