The Ultimate Rule of Law
Title | The Ultimate Rule of Law PDF eBook |
Author | David M. Beatty |
Publisher | Oxford University Press, USA |
Pages | 228 |
Release | 2004 |
Genre | Law |
ISBN | 9780199269808 |
The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared. Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty. Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.
The Rule of Law
Title | The Rule of Law PDF eBook |
Author | H. Malcolm MacDonald, Thomas F. Green, Arthur L. Harding, Schuyler W. Jackson |
Publisher | |
Pages | 112 |
Release | 1961 |
Genre | |
ISBN |
The Rule of Laws
Title | The Rule of Laws PDF eBook |
Author | Fernanda Pirie |
Publisher | Basic Books |
Pages | 565 |
Release | 2021-11-09 |
Genre | History |
ISBN | 1541617959 |
From ancient Mesopotamia to today, the epic story of how humans have used laws to forge civilizations Rulers throughout history have used laws to impose order. But laws were not simply instruments of power and social control. They also offered ordinary people a way to express their diverse visions for a better world. In The Rule of Laws, Oxford scholar Fernanda Pirie traces the rise and fall of the sophisticated legal systems underpinning ancient empires and religious traditions, while also showing how common people—tribal assemblies, merchants, farmers—called on laws to define their communities, regulate trade, and build civilizations. Although legal principles originating in Western Europe now seem to dominate the globe, the variety of the world’s laws has long been almost as great as the variety of its societies. What truly unites human beings, Pirie argues, is our very faith that laws can produce justice, combat oppression, and create order from chaos.
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 |
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.
The Federalist Papers
Title | The Federalist Papers PDF eBook |
Author | Alexander Hamilton |
Publisher | Read Books Ltd |
Pages | 420 |
Release | 2018-08-20 |
Genre | History |
ISBN | 1528785878 |
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.
The Rule of Law
Title | The Rule of Law PDF eBook |
Author | John Lescroart |
Publisher | Simon and Schuster |
Pages | 432 |
Release | 2019-01-22 |
Genre | Fiction |
ISBN | 1501115758 |
Attorney Dismas Hardy is called to defend the least likely suspect of his career: his longtime, trusted assistant who is suddenly being charged as an accessory to murder in this instant New York Times bestseller from “the undisputed master of the courtroom thriller” (The Providence Journal). Dismas Hardy knows something is amiss with his trusted secretary, Phyllis. Her strange behavior and sudden disappearances concern him, especially when he learns that her convict brother—a man who had served twenty-five years in prison for armed robbery and attempted murder—has just been released. Things take a shocking turn when Phyllis is suddenly arrested for allegedly being an accessory to the murder of Hector Valdez, a coyote who’d been smuggling women into this country from El Salvador and Mexico. That is, until recently, when he was shot to death—on the very same day that Phyllis first disappeared from work. The connection between Phyllis, her brother, and Hector’s murder is not something Dismas can easily understand, but if his cherished colleague has any chance of going free, he needs to put all the pieces together—and fast. A whip-smart, engrossing novel filled with shocking twists and turns, “The Rule of Law is vintage Lescroart, drawing on parallels between real-life and hot-button issues while also providing top-notch entertainment” (The Real Book Spy).
Constitutional Conscience
Title | Constitutional Conscience PDF eBook |
Author | H. Jefferson Powell |
Publisher | University of Chicago Press |
Pages | 161 |
Release | 2008-09-15 |
Genre | Law |
ISBN | 0226677303 |
While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.