Kangaroo Courts and the Rule of Law

Kangaroo Courts and the Rule of Law
Title Kangaroo Courts and the Rule of Law PDF eBook
Author Desmond Manderson
Publisher Routledge
Pages 226
Release 2012
Genre Law
ISBN 0415529514

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Annotation This volume addresses the legacy of contemporary critiques of language for the concept of the rule of law. Can the rule of law be re-configured in light of the critical turn of the past several years in legal theory, rather than being steadfastly opposed to it?

Getting to the Rule of Law

Getting to the Rule of Law
Title Getting to the Rule of Law PDF eBook
Author James E. Fleming
Publisher NYU Press
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.

An Introduction to the Study of the Law of the Constitution

An Introduction to the Study of the Law of the Constitution
Title An Introduction to the Study of the Law of the Constitution PDF eBook
Author A.V. Dicey
Publisher Springer
Pages 729
Release 1985-09-30
Genre Social Science
ISBN 134917968X

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A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Law and Leviathan

Law and Leviathan
Title Law and Leviathan PDF eBook
Author Cass R. Sunstein
Publisher Belknap Press
Pages 209
Release 2020-09-15
Genre Law
ISBN 0674247531

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Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal

Declaring War

Declaring War
Title Declaring War PDF eBook
Author Brien Hallett
Publisher Cambridge University Press
Pages 295
Release 2012-08-13
Genre Law
ISBN 110702692X

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Offers an historical, legal, constitutional, moral and philosophical analysis of the declarations of 1812, 1898 and the War Powers Resolution of 1973.

Danse Macabre

Danse Macabre
Title Danse Macabre PDF eBook
Author Desmond Manderson
Publisher Cambridge University Press
Pages 301
Release 2019-04-18
Genre Art
ISBN 1107158664

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A revolutionary approach exploring legal themes such as justice, legitimacy, sovereignty, and power through close readings of major works of art.

Lawyers in 21st-Century Societies

Lawyers in 21st-Century Societies
Title Lawyers in 21st-Century Societies PDF eBook
Author Richard L Abel
Publisher Bloomsbury Publishing
Pages 832
Release 2020-04-02
Genre Law
ISBN 1509915168

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The world's legal professions have undergone dramatic changes in the 30 years since publication of the landmark three-volume Lawyers in Society, which launched comparative sociological studies of lawyers. This is the first of two volumes in which scholars from a wide range of disciplines, countries and cultures document and analyse those changes. The present volume presents reports on 46 countries, with broad coverage of North America, Western Europe, Latin America, Asia, Australia, North Africa and the Middle East, sub-Saharan Africa, and former communist countries. These national reports address: the impact of globalisation and neoliberalism on national legal professions (the relationship of lawyers and their professional associations to the state and tensions between state and citizenship); changes in lawyer demography (rapidly growing numbers and the profession's efforts to retain control, the entry of women and obstacles to full gender equality, ethnic diversity); legal education (the proliferation of institutions and pedagogic innovation); the regulation of lawyers; structures of production (especially the growth of large firms and the impact of technology and paraprofessionals); the distribution of lawyers across roles; and access to justice (state-funded legal aid and pro-bono services). The juxtaposition of the reports reveals the dramatic transformations of professional rationales, labour markets, and working practices and the multiple contingencies of the role of lawyers in societies experiencing increasing juridification within a new geopolitical order.