Download or read book Lawfare and Judicial Legitimacy written by Kate Dent and published by Taylor & Francis. This book was released on 2023-07-28 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawfare is a complex and evolving concept with many permutations. It is a term that is used to describe both a judicialisation of politics where the Constitutional Court is called upon to uphold constitutional responsibilities, compensating for institutional failures in the broader democratic space, and instances where there is abuse of the legal process to escape accountability. When the court is dragged into politics, it forces an examination of the legitimate scope of judicial review. This book explains how judicialisation of politics leads to the politicisation of adjudication and further weaponisation of the law. Exploring the judicial-political dynamics of South Africa from 2009 onwards, the work traces the consequences of the judicialisation of politics for institutional resilience and broader constitutional stability. Through an in-depth study of judicial legitimacy, the book seeks to provide an overarching theoretical justification for the dangers that inhere in lawfare. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance when trying to navigate the Court safely through the era of lawfare. South Africa offers an interesting crucible within which to observe an unfolding global trend. Strengthened by its comparative focus, the implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world. The book will be of interest to researchers, academics and practitioners working in the areas of Constitutional Law and Politics.
Download or read book Lawfare and Judicial Legitimacy written by Kate Dent and published by . This book was released on 2023-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawfare is a complex and evolving concept with many permutations. It is a term that is used to describe both a judicialisation of politics where the Constitutional Court is called upon to uphold constitutional responsibilities, compensating for institutional failures in the broader democratic space, and instances where there is abuse of the legal process to escape accountability. When the court is dragged into politics, it forces an examination of the legitimate scope of judicial review. This book explains how judicialisation of politics leads to the politicisation of adjudication and further weaponisation of the law. Exploring the judicial-political dynamics of South Africa from 2009 onwards, the work traces the consequences of the judicialisation of politics for institutional resilience and broader constitutional stability. Through an in-depth study of judicial legitimacy, the book seeks to provide an overarching theoretical justification for the dangers that inhere in lawfare. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance when trying to navigate the Court safely through the era of lawfare. South Africa offers an interesting crucible within which to observe an unfolding global trend. Strengthened by its comparative focus, the implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world. The book will be of interest to researchers, academics and practitioners working in the areas of Constitutional Law and Politics.
Download or read book Lawfare written by Jaume Castan Pinos and published by Taylor & Francis. This book was released on 2022-09-19 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a new conceptualisation of lawfare that recognises the polysemantic nature of the term. Drawing on theoretical developments from legal anthropology, international relations, and social theory, the book scrutinises the multiple dimensions of this phenomenon. It illustrates the multifaceted character of lawfare with a wide range of historical and contemporary cases from across the globe and analyses the implications of actors pursuing political objectives through legal means. This includes the use of lawfare by states as a legal instrument to accomplish geopolitical objectives, domestic lawfare, or the use of legal instruments to undermine internal opposition, and state lawfare used by governments to ‘protect’ the state from internal territorial-secessionist challenges. Finally, the book shows that lawfare is not exclusively a tool for hegemonic actors, as it can also be used by civil society actors that aim to uphold their rights through legal instruments in asymmetric lawfare. This book contributes to new developments in lawfare without shying away from controversy, acknowledging its sometimes-brutal efficacy as well as its potential pitfalls. The book will appeal to scholars and students of law, international relations, political science, anthropology, and sociology.
Download or read book Lawfare and the Importance of Legitimacy in Modern Wars of Choice Proportionality and the Strategic Use of Law and Legal Arguments written by Alexander Matthias Kisling Harris and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lawfare written by Orde F. Kittrie and published by Oxford University Press. This book was released on 2016 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.
Download or read book The Changing Face of Warfare in the 21st Century written by Gregory Simons and published by Routledge. This book was released on 2017-07-20 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study discusses salient trends demonstrated by contemporary warfare of these first years of the 21st century. The authors reinforce previous notions of Fourth Generation Warfare, but most importantly explore the workings of new components and how these have modified the theory and practice of warfare beyond the basic divisions of conventional and unconventional warfare as witnessed in the preceding century. Throughout history there has been a close interaction between politics, communication and armed conflict and a main line of investigation of this book is to track changes that are presumed to have occurred in the way and manner in which armed conflicts are waged. Using cogent examples drawn variously from conflicts of the Arab Spring, the Islamic State and Russian adventurism in South Ossetia, Crimea and Eastern Ukraine, the authors demonstrate the application of Information Warfare, the practice of Hybrid Warfare, and offensive use of diplomacy, communications, economics and international law to obtain political and military advantages against the status quo states of the international community. The authors combine a theoretical framework with concrete empirical examples in order to create a better understanding and comprehension of the current events and processes that shape the character of contemporary armed conflicts and how they are informed and perceived in a highly mediatised and politicised world.
Download or read book Rebel Law written by Frank Ledwidge and published by Oxford University Press. This book was released on 2017 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.
Download or read book Law and War written by Austin Sarat and published by Stanford University Press. This book was released on 2014-01-08 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?
Download or read book The Last Utopia written by Samuel Moyn and published by Harvard University Press. This book was released on 2012-03-05 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights offer a vision of international justice that today’s idealistic millions hold dear. Yet the very concept on which the movement is based became familiar only a few decades ago when it profoundly reshaped our hopes for an improved humanity. In this pioneering book, Samuel Moyn elevates that extraordinary transformation to center stage and asks what it reveals about the ideal’s troubled present and uncertain future. For some, human rights stretch back to the dawn of Western civilization, the age of the American and French Revolutions, or the post–World War II moment when the Universal Declaration of Human Rights was framed. Revisiting these episodes in a dramatic tour of humanity’s moral history, The Last Utopia shows that it was in the decade after 1968 that human rights began to make sense to broad communities of people as the proper cause of justice. Across eastern and western Europe, as well as throughout the United States and Latin America, human rights crystallized in a few short years as social activism and political rhetoric moved it from the hallways of the United Nations to the global forefront. It was on the ruins of earlier political utopias, Moyn argues, that human rights achieved contemporary prominence. The morality of individual rights substituted for the soiled political dreams of revolutionary communism and nationalism as international law became an alternative to popular struggle and bloody violence. But as the ideal of human rights enters into rival political agendas, it requires more vigilance and scrutiny than when it became the watchword of our hopes.
Download or read book Boats Borders and Bases written by Jenna M. Loyd and published by Univ of California Press. This book was released on 2018-03-09 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussions about U.S. migration policing have traditionally focused on enforcement along the highly charged U.S.-Mexico boundary. Enforcement practices such as detention policies designed to restrict access to asylum also transpire in the Caribbean. Boats, Borders, and Bases tells a missing, racialized history of the U.S. migration detention system that was developed and expanded to deter Haitian and Cuban migrants. Jenna M. Loyd and Alison Mountz argue that the U.S. response to Cold War Caribbean migrations established the legal and institutional basis for contemporary migration detention and border-deterrent practices in the United States. This book will make a significant contribution to a fuller understanding of the history and geography of the United States’s migration detention system.
Download or read book Vagrant Nation written by Risa Lauren Goluboff and published by Oxford University Press. This book was released on 2016 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: "People out of Place reshapes our understanding of the 1960s by telling a previously unknown story about often overlooked criminal laws prohibiting vagrancy. As Beats, hippies, war protesters, Communists, racial minorities, civil rights activists, prostitutes, single women, poor people, and sexual minorities challenged vagrancy laws, the laws became a shared constitutional target for clashes over radically different visions of the nation's future"--
Download or read book The Power of Legality written by Nikolas Rajkovic and published by Cambridge University Press. This book was released on 2016-07-28 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legality today commands substantial currency in world affairs, and this volume examines the struggle over its meaning in diverse practices.
Download or read book Courts and Consociations written by Christopher McCrudden and published by OUP Oxford. This book was released on 2013-02-21 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consociations are power-sharing arrangements, increasingly used to manage ethno-nationalist, ethno-linguistic, and ethno-religious conflicts. Current examples include Belgium, Bosnia, Northern Ireland, Burundi, and Iraq. Despite their growing popularity, they have begun to be challenged before human rights courts as being incompatible with human rights norms, particularly equality and non-discrimination. Courts and Consociations examines the use of power-sharing agreements, their legitimacy, and their compatibility with human rights law. Key questions include to what extent, if any, consociations conflict with the liberal individualist preferences of international human rights institutions, and to what extent consociational power-sharing may be justified to preserve peace and the integrity of political settlements. In three critical cases, the European Court of Human Rights has considered equality challenges to important consociational practices, twice in Belgium and then in Sejdic and Finci v Bosnia regarding the constitution established for Bosnia Herzegovina under the Dayton Agreement. The Court's decision in Sejdic and Finci has significantly altered the approach it previously took to judicial review of consociational arrangements in Belgium. This book accounts for this change and assess its implications. The problematic aspects of the current state of law are demonstrated. Future negotiators in places riven by potential or actual bloody ethnic conflicts may now have less flexibility in reaching a workable settlement, which may unintentionally contribute to sustaining such conflicts and make it more likely that negotiators will consider excluding regional and international courts from reviewing these political settlements. Providing a clear, accessible introduction to both the political use of power-sharing settlements and the human rights law on the issue, this book is an invaluable guide to all academics, students, and professionals engaged with transitional justice, peace agreements, and contemporary human rights law.
Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Download or read book Vice Patrol written by Anna Lvovsky and published by University of Chicago Press. This book was released on 2021-05-28 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life chronicles how local police and criminal justice systems intruded on gay individuals, criminalizing, profiling, surveilling, and prosecuting them from the 1930's through the 1960's. Anna Lvovsky details the progression of enforcement strategies through the targeting of gay-friendly bars by liquor boards, enticement of sexual overtures by plainclothes police decoys, and surveilling of public bathrooms via peepholes and two-way mirrors to catch someone "in the act." Lvovsky shows how the use of tactics indistinguishable from entrapment to criminalize homosexual men in public and private spaces produced charges brought forward and disputed by attorneys and evidence that had to stand before judges, who at times intervened against punitive policies. In Vice Patrol the author demonstrates how developments in the psychological, medical, and sociological handling of homosexuality filtered into police stations, courthouses, and the wider culture"--
Download or read book Of War and Law written by David Kennedy and published by Princeton University Press. This book was released on 2009-01-10 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern war is law pursued by other means. Once a bit player in military conflict, law now shapes the institutional, logistical, and physical landscape of war. At the same time, law has become a political and ethical vocabulary for marking legitimate power and justifiable death. As a result, the battlespace is as legally regulated as the rest of modern life. In Of War and Law, David Kennedy examines this important development, retelling the history of modern war and statecraft as a tale of the changing role of law and the dramatic growth of law's power. Not only a restraint and an ethical yardstick, law can also be a weapon--a strategic partner, a force multiplier, and an excuse for terrifying violence. Kennedy focuses on what can go wrong when humanitarian and military planners speak the same legal language--wrong for humanitarianism, and wrong for warfare. He argues that law has beaten ploughshares into swords while encouraging the bureaucratization of strategy and leadership. A culture of rules has eroded the experience of personal decision-making and responsibility among soldiers and statesmen alike. Kennedy urges those inside and outside the military who wish to reduce the ferocity of battle to understand the new roles--and the limits--of law. Only then will we be able to revitalize our responsibility for war.
Download or read book Impeachment written by Charles L. Black, Jr. and published by Yale University Press. This book was released on 2018-02-01 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published at the height of the Watergate crisis, Charles Black's classic Impeachment: A Handbook has long been the premier guide to the subject of presidential impeachment. Now thoroughly updated with new chapters by Philip Bobbitt, it remains essential reading for every concerned citizen. Praise for Impeachment: "To understand impeachment, read this book. It shows how the rule of law limits power, even of the most powerful, and reminds us that the impact of the law on our lives ultimately depends on the conscience of the individual American."--Bill Bradley, former United States senator "The most important book ever written on presidential impeachment."--Lawfare "A model of how so serious an act of state should be approached."--Wall Street Journal "A citizen's guide to impeachment. . . . Elegantly written, lucid, intelligent, and comprehensive."--New York Times Book Review "The finest text on the subject I have ever read."--Ben Wittes
