Download or read book Champions of the Rule of Law written by John Hostettler and published by Waterside Press. This book was released on 2011 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of the lawyers who helped - over centuries - to develop and protect civil liberties, human rights and the Rule of Law. Also discusses breaches of the Rule of Law in modern cases and in response to terrorism.
Download or read book Champions of the Rule of Law written by John Hostettler and published by Waterside Press. This book was released on 2011-06-22 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of the lawyers who helped over centuries to develop and protect civil liberties, human rights and the Rule of Law. Also discusses breaches of the Rule of Law in modern cases and in response to terrorism. Champions of the Rule of Law looks at an overarching principle of English law. It describes how a powerful and fundamental rule came about and how it has been preserved in the face of attempts to circumvent it. Standing at the heart of all matters of justice and now exported to many parts of the world the Rule of Law holds, in short, that the law applies in equal measure to everyone. No matter how high, mighty or privileged someone may be, or whatever claim or allegation is being made, all those coming before it should always be treated in just the same way as anyone else will be. Events in both modern times and across legal history readily demonstrate the sometimes precarious nature of the rule and the need for champions who are prepared to uphold and defend itand whilst the need for such a rule may seem obvious on any balanced view of how justice should be dispensed, the central importance of the rule is by no means intuitive to some people. This means that there is always a need to re-iterate the purpose of the rule, the arguments behind it and to understand the mechanisms which safeguard and protect it. Whenever the Rule of Law does fall under threat, whether due to arrogance, claims to special treatment, misguided understandings, dubious explanations or lack of due process, there is a need for people of the calibre of those described in this book to step forward. Quite apart from the books interest for lawyers, historians and students it will appeal to anyone seeking reassurance that justice is truly blind, fair, even-handed and accessible to all. With a Foreword by Lord Steyn.
Download or read book Noble Purposes written by Norman Gross and published by Ohio University Press. This book was released on 2007 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the history of the United States, the acts of a few have proved to be turning points in the way our legal system has treated the least of us. The nine individuals whose deeds are recounted have compelling stories, and though they remain unknown to the general public, their commitment to the rule of law has had a lasting impact on our nation.Noble Purposes brings their stories to life. It describes the contributions of such individuals as James Alexander, the guiding and central force in the colonial-era trial of John Peter Zenger, which sowed the seeds for the American Revolution and the constitutional guarantee of a free press.In the 1870s, Hugh Lennox Bond stared down threats as judge in the trials of the South Carolina Ku Klux Klan, while Clara Shortridge Foltz overcametremendous resistance during her fifty-year law practice, which included advocacy of public defender offices.Early last century, Louis Marshall paved the way for the rights of minorities in America and abroad, while Francis Biddle, FDR’s attorney general, soughtto maintain civil liberties during World War II, arguing against the internment of Japanese Americans and later serving as the American judge in the Nuremberg trials.Edited by legal scholar Norman Gross and written by leading legal historians from around the country, the profiles presented in Noble Purposes tell the stories of these and other individuals who stood firmly in support of the rule of law, often against great odds.
Download or read book Rule of Law Intermediaries written by Kristina Simion and published by Cambridge University Press. This book was released on 2021-05-06 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars puzzle over the conditions that make rule of law development in authoritarian settings successful. In this significant contribution, focusing on the decade of Myanmar's political transformation, Kristina Simion explores rule of law assistance through the practice and experience of intermediaries, their capital, strategies and challenges. How do intermediaries influence the field, and the ways in which the rule of law is brokered transnationally? And why do they matter? Simion relates her research to law and sociology to bring to light these neglected players, focusing on who they are, the influence they have, their double agency and their crucial importance in establishing trust and translating rule of law. Relying on rich empirical data collected in Myanmar, the book shares the voices of the individuals that help to steer societal change within authoritarian confines. This socio-legal work offers some insights into why rule of law change in authoritarian settings often does not go expected ways, one of the development field's long unresolved issues.
Download or read book Lawyers and the Rule of Law written by Andrew Boon and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy. It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes. The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values. The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law. Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021. Although the focus is on England and Wales, parallel developments in other jurisdictions, Australia, Canada, New Zealand, and the USA, are considered. This allows analysis of lawyers' historical and contemporary engagement with the rule of law in jurisdictional systems based on the Common Law. Each chapter is thematic, but the passage through the book is broadly chronological.
Download or read book On the Rule of Law written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2004-11-18 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.
Download or read book Building Rule of Law in the Arab World written by Eva Rana Bellin and published by . This book was released on 2016 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Important and original....This rich, insightful work makes an important contribution to the scholarly literature and will also be valuable to policymakers and aid professionals who seek to build more stable and accountable states in the Middle East." --Bruce Rutherford, Colgate University. How might Arab countries build the foundations for rule of law in the wake of prolonged authoritarian rule? What specific challenges do they confront? Are there insights to be gained from comparative analysis beyond the region? Exploring these questions, the authors of Building Rule of Law in the Arab World provide a theoretically informed, empirically rich account of key issues facing the countries at the forefront of political change since the Arab Spring as governments seek to develop effective and responsible judiciaries, security sectors, and anticorruption agencies. Eva Bellin is Myra and Robert Kraft Professor of Arab Politics at Brandeis University. Heidi E. Lane is associate professor of strategy and policy and director of the Greater Middle East Research Study Group at the US Naval War College.
Download or read book The United Nations Rule of Law Indicators written by and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Building and strengthening the 'rule of law' in developing nations, particularly countries in transition or emerging from a period of armed conflict, has become a central focus of the work of the United Nations. As a result, there is a growing demand throughout the United Nations system to better understand the delivery of justice in conflict and post-conflict situations and the impact of developments in this area. The United Nations Department of Peacekeeping Operations (DPKO) and the Office of the United Nations High Commissioner for Human Rights (OHCHR), in cooperation with other United Nations departments, agencies, funds and programmes, have developed an instrument to monitor changes in the performance and fundamental characteristics of criminal justice institutions in conflict and post-conflict situations. The instrument consists of a set of indicators, the United Nations Rule of Law indicators. This guide describes how to implement this instrument and measure these indicators"--P. v.
Download or read book Getting to the Rule of Law written by James E. Fleming and published by NYU Press. This book was released on 2011-09-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Judicial Activism in Bangladesh written by Ridwanul Hoque and published by Cambridge Scholars Publishing. This book was released on 2011-01-18 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
Download or read book A History of Criminal Justice in England and Wales written by John Hostettler and published by Waterside Press. This book was released on 2009 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An introduction to the rich history of criminal justice charting all its main developments from the dooms of Anglo-Saxon times to the rise of the Common Law, struggles for political, legislative and judicial ascendency and the formation of the innovative Criminal Justice System of today." "The book looks at the Rule of Law, the development of the criminal courts and the people who work in them, police forces, the jury, judges, magistrates, crime and punishment. It deals with all the iconic events of criminal justice history and reform to show how criminal justice evolved." --Book Jacket.
Download or read book Dissenters Radicals Heretics and Blasphemers written by John Hostettler and published by Waterside Press. This book was released on 2012 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stream of dissent, protest, uprising and rebellion is a central part of UK history. Taking key events from both the past and modern times John Hostettler demonstrates how when legitimate avenues of challenge to the actions of the state or other powerful groups are closed to people then they are bound to assert their rights in other ways.
Download or read book Rule of Law written by Randy Singer and published by NavPress. This book was released on 2017-09-05 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: What did the president know? And when did she know it? For the members of SEAL Team Six, it was a rare mission ordered by the president, monitored in real time from the Situation Room. The Houthi rebels in Yemen had captured an American journalist and a member of the Saudi royal family. Their executions were scheduled for Easter Sunday. The SEAL team would break them out. But when the mission results in spectacular failure, the finger-pointing goes all the way to the top. Did the president play political games with the lives of U.S. service members? Paige Chambers, a determined young lawyer, has a very personal reason for wanting to know the answer. The case she files will polarize the nation and test the resiliency of the Constitution. The stakes are huge, the alliances shaky, and she will be left to wonder if the saying on the Supreme Court building still holds true. Equal justice under law. It makes a nice motto. But will it work when one of the most powerful people on the planet is also a defendant? A 2018 Christy Award finalist!
Download or read book Legal Reasoning and Political Conflict written by Cass R. Sunstein and published by Oxford University Press. This book was released on 1998-02-26 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.
Download or read book The Structures of Law and Literature written by Jeffrey Miller and published by McGill-Queen's Press - MQUP. This book was released on 2013 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ground-breaking study of the gap between law and justice, establishing - at last - a truly substantive connection between law and literature.
Download or read book Building the Rule of Law written by Jennifer A. Widner and published by W. W. Norton. This book was released on 2001-01-01 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Celebrates the life and work of Francis L. Nyalali who served as Chief Justice of Tanzania from 1976 and 1999 and is responsible for erecting an independent judicial system.
Download or read book The Rule of Law in America written by Ronald A. Cass and published by JHU Press. This book was released on 2001 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
