Democracy, the Courts, and the Liberal State

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Publisher : Routledge
ISBN 13 : 0429534949
Total Pages : 318 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Democracy, the Courts, and the Liberal State by : David Miles

Download or read book Democracy, the Courts, and the Liberal State written by David Miles and published by Routledge. This book was released on 2020-10-26 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reformulating a problem of both constitutionalism and liberalism discussed in the works of Ernst-Wolfgang Böckenförde, Hannah Arendt, and Alexis de Tocqueville, the book examines one generally overlooked manifestation of constitutionalism: the role of the courts in shaping democratic politics and the inter-relationship between citizens and state. Drawing on constitutional history, law, and political theory, David Miles argues that constitutionalism cannot be seen merely as an institutional mechanism to limit government, as it also has a crucial civic dimension upon which the liberal state depends. Utilising the works of Böckenförde, Arendt, and Tocqueville, constitutionalism is conceived in the book as part of a broader system of communal norms which sustains representative democracy and liberalism. Through an analysis of judicial interventions in the electoral processes of the United States and Germany, Miles explores the role of civil society actors in transforming constitutionalism through legal challenges to oligarchical or exclusionary practices. He assesses how, in adjudicating these cases, the US Supreme Court and the German Constitutional Court have mediated the tension between threats to stability and the imperative of democratic renewal. Democracy, the Courts, and the Liberal State will be of interest to scholars, students, and practitioners interested in comparative politics, political theory, and constitutional law and history.

Social Justice in the Liberal State

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Publisher : Yale University Press
ISBN 13 : 0300158076
Total Pages : 406 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Social Justice in the Liberal State by : Bruce Ackerman

Download or read book Social Justice in the Liberal State written by Bruce Ackerman and published by Yale University Press. This book was released on 1981-09-10 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original and compelling vision of a just society“A ‘new view’ of the theoretical foundations of liberalism that will ‘challenge us to clarify our own implicit notions of liberal democracy.’ ”—The New York Times Book ReviewWinner of a Certificate of Merit for the American Bar Association's 1981 Gavel Award for outstanding public serviceFirst published in 1980 and continuously in print ever since, Bruce Ackerman's classic Social Justice in the Liberal State offers a new foundation for liberal political theory— a world in which each of us may live his or her own life in his or her own way, without denying the same right to others. Full of provocative discussions of issues ranging from education to abortion, it makes fascinating reading for anyone concerned with the future of the liberal democratic state. “Professor Ackerman has tackled age-old problems of social justice with the refreshing technique of a series of dialogues in which the proponent of a position must either confront his opponent with an answer, constrained by the three principles of rationality, consistency, and neutrality, or submit to a checkmate. The author’s ability to combine earthiness with extreme subtlety in framing the dialogues has produced a novel, mind-stretching book.”—Henry J. Friendly, Senior Judge, U.S. Court of Appeals for the Second Circuit“What limits should we place on genetic manipulation? How many children should we have? How should we regulate abortions and adoptions? What rights does the community have, what rights do parents have in the education of children? What rights do children have? What resources must we leave to future generations? To see all these as questions of distributive justice is to connect them in a new way (and to make) a significant contribution.”—Michael Walzer, The New Republic “The breadth of the attack on the fundamental issues of man and society is impressive.”—Foreign Affairs

Public Reason

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Publisher : Cornell University Press
ISBN 13 : 9780801436772
Total Pages : 266 pages
Book Rating : 4.4/5 (367 download)

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Book Synopsis Public Reason by : Fred M. Frohock

Download or read book Public Reason written by Fred M. Frohock and published by Cornell University Press. This book was released on 1999 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: What resources do we have, Frohock asks, to develop a version of public reason which can succeed even in the deep pluralism anticipated in democratic practices?"--BOOK JACKET.

Faith, Nationalism, and the Future of Liberal Democracy

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Publisher : University of Notre Dame Pess
ISBN 13 : 0268200599
Total Pages : 244 pages
Book Rating : 4.2/5 (682 download)

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Book Synopsis Faith, Nationalism, and the Future of Liberal Democracy by : David M. Elcott

Download or read book Faith, Nationalism, and the Future of Liberal Democracy written by David M. Elcott and published by University of Notre Dame Pess. This book was released on 2021-05-01 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faith, Nationalism, and the Future of Liberal Democracy highlights the use of religious identity to fuel the rise of illiberal, nationalist, and populist democracy. In Faith, Nationalism, and the Future of Liberal Democracy, David Elcott, C. Colt Anderson, Tobias Cremer, and Volker Haarmann present a pragmatic and modernist exploration of how religion engages in the public square. Elcott and his co-authors are concerned about the ways religious identity is being used to foster the exclusion of individuals and communities from citizenship, political representation, and a role in determining public policy. They examine the ways religious identity is weaponized to fuel populist revolts against a political, social, and economic order that values democracy in a global and strikingly diverse world. Included is a history and political analysis of religion, politics, and policies in Europe and the United States that foster this illiberal rebellion. The authors explore what constitutes a constructive religious voice in the political arena, even in nurturing patriotism and democracy, and what undermines and threatens liberal democracies. To lay the groundwork for a religious response, the book offers chapters showing how Catholicism, Protestantism, and Judaism can nourish liberal democracy. The authors encourage people of faith to promote foundational support for the institutions and values of the democratic enterprise from within their own religious traditions and to stand against the hostility and cruelty that historically have resulted when religious zealotry and state power combine. Faith, Nationalism, and the Future of Liberal Democracy is intended for readers who value democracy and are concerned about growing threats to it, and especially for people of faith and religious leaders, as well as for scholars of political science, religion, and democracy.

Against Obligation

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Publisher : Harvard University Press
ISBN 13 : 0674069390
Total Pages : 340 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Against Obligation by : Abner S. Greene

Download or read book Against Obligation written by Abner S. Greene and published by Harvard University Press. This book was released on 2012-04-13 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means? These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene’s case is not only “against” obligation. It is also “for” an approach he calls “permeable sovereignty”: all of our norms are on equal footing with the state’s laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.

Constitutionalism, Executive Power, and the Spirit of Moderation

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Publisher : State University of New York Press
ISBN 13 : 1438460430
Total Pages : 418 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis Constitutionalism, Executive Power, and the Spirit of Moderation by : Giorgi Areshidze

Download or read book Constitutionalism, Executive Power, and the Spirit of Moderation written by Giorgi Areshidze and published by State University of New York Press. This book was released on 2016-05-19 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, "The Role of Courts in Constitutional Democracy," analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, "Law and Executive Authority," reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, "Liberal Education, Constitutionalism, and Philosophic Moderation," shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.

Law, Pragmatism, and Democracy

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Publisher : Harvard University Press
ISBN 13 : 9780674042292
Total Pages : 428 pages
Book Rating : 4.0/5 (422 download)

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Book Synopsis Law, Pragmatism, and Democracy by : Richard A. Posner

Download or read book Law, Pragmatism, and Democracy written by Richard A. Posner and published by Harvard University Press. This book was released on 2009-07-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

The People's Government

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Publisher : Cambridge University Press
ISBN 13 : 1139992813
Total Pages : 281 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis The People's Government by : Del Dickson

Download or read book The People's Government written by Del Dickson and published by Cambridge University Press. This book was released on 2014-07-21 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The People's Government is premised on the idea that democracy is based on two fundamental rights: freedom and liberty. Liberty is the right to be left alone, while freedom is the right to participate in a political community. How people view democracy depends on which of these two rights they think is more important. Liberal democrats place a higher value on liberty, while free democrats see freedom as the primary right. From this starting point, the author adds five dimensions to define and distinguish democratic societies: rights, participation and representation, inclusion, equality, and power. Liberal democracies emphasize individualism, negative rights, representative government, inclusive citizenship, equal opportunity, and limited government. Free democracies stress community, positive rights, direct participation, exclusive citizenship, equal outcomes, and robust government. The book examines the most important arguments for and against democracy, and explores the life cycle of democracies - how countries democratize, mature, and fail. Finally, the author uses the five dimensions established earlier to evaluate and grade American democracy.

Liberal Democracy in Canada and the United States

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Author :
Publisher :
ISBN 13 :
Total Pages : 476 pages
Book Rating : 4.3/5 (97 download)

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Book Synopsis Liberal Democracy in Canada and the United States by : Thomas C. Pocklington

Download or read book Liberal Democracy in Canada and the United States written by Thomas C. Pocklington and published by . This book was released on 1985 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law in the Age of Pluralism

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Publisher : Oxford University Press
ISBN 13 : 0190450762
Total Pages : 312 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Law in the Age of Pluralism by : Andrei Marmor

Download or read book Law in the Age of Pluralism written by Andrei Marmor and published by Oxford University Press. This book was released on 2007-12-31 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality.

Foundations of Comparative Politics

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Publisher : Cambridge University Press
ISBN 13 : 131655290X
Total Pages : 467 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Foundations of Comparative Politics by : Kenneth Newton

Download or read book Foundations of Comparative Politics written by Kenneth Newton and published by Cambridge University Press. This book was released on 2016-05-12 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this leading overview of comparative politics once again blends theory and evidence across democratic systems to provide unparalleled coverage. The student-friendly structure and clear, concise writing ensure that complex issues are clearly explained and students engage with the key theories. The third edition is updated throughout, with a new chapter, 'Public Spending and Public Policies', increased coverage of defective democracies, and revised coverage of e-democracy and the power of the media. The pedagogy is simplified with a focus on 'Briefings' and 'Controversies' that feature examples from across the globe, alongside clear key terms, 'What We Have Learned' and 'Lessons of Comparison' sections, and a wealth of online materials to complete a rich teaching and learning package.

Law, Democracy and the European Court of Human Rights

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Publisher : Cambridge University Press
ISBN 13 : 1107035074
Total Pages : 321 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Law, Democracy and the European Court of Human Rights by : Rory O'Connell

Download or read book Law, Democracy and the European Court of Human Rights written by Rory O'Connell and published by Cambridge University Press. This book was released on 2020-11-05 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.

The Machinery of Government

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Publisher : Oxford University Press
ISBN 13 : 0197509630
Total Pages : 439 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Machinery of Government by : Joseph Heath

Download or read book The Machinery of Government written by Joseph Heath and published by Oxford University Press. This book was released on 2020-08-03 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: In political theory, the traditional model of state power was that elected officials make policy decisions which are then faithfully executed by a lower cadre of public servants. The complexity of the modern state, however, leaves this model outdated. The vast number of economic and social problems it confronts is such that a great deal of rule-making power is now delegated to a class of civil servants. Yet many political philosophers have not taken this model up, and the field has ignored the important role played by the class of "permanent" state officials--the "deep state" as some call it--in liberal states. In most liberal democracies for example, the central bank is as independent as the supreme court, yet deals with a wide range of economic, social, and political issues. How do these public servants make these policy decisions? What normative principles inform their judgments? In The Machinery of Government, Joseph Heath attempts to answer these questions. He looks to the actual practice of public administration to see how normative questions are addressed. More broadly, he attempts to provide the outlines of a "philosophy of the executive" by taking seriously the claim to political authority of the most neglected of the three branches of the state. Heath both provides a corrective to the prevailing tendency to underestimate the contribution of civil servants to the success of liberal-democratic welfare states, and suggests a more satisfactory account of the principles implicit in public administration.

How to Save a Constitutional Democracy

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Publisher : University of Chicago Press
ISBN 13 : 022656438X
Total Pages : 306 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis How to Save a Constitutional Democracy by : Tom Ginsburg

Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator, who can degrade the public sphere by wielding hateful language that would be banned in many other democracies. But we—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

How Democracies Die

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Publisher : Crown
ISBN 13 : 1524762946
Total Pages : 321 pages
Book Rating : 4.5/5 (247 download)

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Book Synopsis How Democracies Die by : Steven Levitsky

Download or read book How Democracies Die written by Steven Levitsky and published by Crown. This book was released on 2019-01-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • “Comprehensive, enlightening, and terrifyingly timely.”—The New York Times Book Review (Editors' Choice) WINNER OF THE GOLDSMITH BOOK PRIZE • SHORTLISTED FOR THE LIONEL GELBER PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The Washington Post • Time • Foreign Affairs • WBUR • Paste Donald Trump’s presidency has raised a question that many of us never thought we’d be asking: Is our democracy in danger? Harvard professors Steven Levitsky and Daniel Ziblatt have spent more than twenty years studying the breakdown of democracies in Europe and Latin America, and they believe the answer is yes. Democracy no longer ends with a bang—in a revolution or military coup—but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one. Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die—and how ours can be saved. Praise for How Democracies Die “What we desperately need is a sober, dispassionate look at the current state of affairs. Steven Levitsky and Daniel Ziblatt, two of the most respected scholars in the field of democracy studies, offer just that.”—The Washington Post “Where Levitsky and Ziblatt make their mark is in weaving together political science and historical analysis of both domestic and international democratic crises; in doing so, they expand the conversation beyond Trump and before him, to other countries and to the deep structure of American democracy and politics.”—Ezra Klein, Vox “If you only read one book for the rest of the year, read How Democracies Die. . . .This is not a book for just Democrats or Republicans. It is a book for all Americans. It is nonpartisan. It is fact based. It is deeply rooted in history. . . . The best commentary on our politics, no contest.”—Michael Morrell, former Acting Director of the Central Intelligence Agency (via Twitter) “A smart and deeply informed book about the ways in which democracy is being undermined in dozens of countries around the world, and in ways that are perfectly legal.”—Fareed Zakaria, CNN

Democracy and Constitutions

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Author :
Publisher : University of Toronto Press
ISBN 13 : 1487507933
Total Pages : 220 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Democracy and Constitutions by : Allan C. Hutchinson

Download or read book Democracy and Constitutions written by Allan C. Hutchinson and published by University of Toronto Press. This book was released on 2021 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.

Understanding the Rule of Law

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Publisher :
ISBN 13 : 9781509903665
Total Pages : 153 pages
Book Rating : 4.9/5 (36 download)

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Book Synopsis Understanding the Rule of Law by : G. J. M. Corstens

Download or read book Understanding the Rule of Law written by G. J. M. Corstens and published by . This book was released on 2014 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: