Rule Of Law Dynamics

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Rule of Law Dynamics

Author : Michael Zurn
Publisher : Cambridge University Press
ISBN 13 : 1139510975
Total Pages : 401 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Rule of Law Dynamics by : Michael Zurn

Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

Rule of Law Dynamics

Author : Michael Zurn
Publisher : Cambridge University Press
ISBN 13 : 1107024714
Total Pages : 401 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Rule of Law Dynamics by : Michael Zurn

Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms, and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance, and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

Opposing the Rule of Law

Author : Nick Cheesman
Publisher : Cambridge University Press
ISBN 13 : 1107083184
Total Pages : 337 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Opposing the Rule of Law by : Nick Cheesman

Download or read book Opposing the Rule of Law written by Nick Cheesman and published by Cambridge University Press. This book was released on 2015-03-12 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.

The Dynamics of Law

Author : Michael S Hamilton
Publisher : Routledge
ISBN 13 : 1317457439
Total Pages : 232 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis The Dynamics of Law by : Michael S Hamilton

Download or read book The Dynamics of Law written by Michael S Hamilton and published by Routledge. This book was released on 2014-12-18 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thoroughly revised and updated, this widely used text offers a concise introduction to the American legal system for students without a legal background. The book's coverage is cross-disciplinary, informed by the literature of law, business administration and the social sciences, especially public administration and policy. Its goal is to give non-lawyers in all these areas a lucid overview of the workings of the American legal system as it may affect individuals and organizations in their interactions with each other and the environment.Unlike longer, more expensive competing works, "The Dynamics of Law" presents its subject with clarity and precision, and minimal use of legal terms. It offers clear explanations of how to brief a case and how statutes and regulations are codified in the United States. Study problems and review questions in each chapter, drawn from legal literature as well as general interest articles and books, are designed to stimulate classroom discussion.

The Rule of Law in Global Governance

Author : Monika Heupel
Publisher : Springer
ISBN 13 : 134995053X
Total Pages : 255 pages
Book Rating : 4.3/5 (499 download)

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Book Synopsis The Rule of Law in Global Governance by : Monika Heupel

Download or read book The Rule of Law in Global Governance written by Monika Heupel and published by Springer. This book was released on 2016-11-08 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores whether the co-existence of (partially) overlapping and sometimes competing layers of authority, which characterizes today's global order, undermines or rather strengthens efforts to promote the rule of law on a global scale. Heupel and Reinold argue that whether multi-level governance and global legal pluralism have beneficial or detrimental effects on the international rule of law depends on specific scope conditions. Among these are the mobilization of powerful states and courts, as well as the fit between soft law and hard law arrangements. The volume comprises seven case studies written by International Relations and International Law scholars. Bridging the gap between political science and legal scholarship, the volume enables an interdisciplinary perspective on the emergence of an international rule of law. It also provides much needed empirical research on the implications of multi-level governance and global legal pluralism for the rule of law beyond the nation state.

Dynamic Statutory Interpretation

Author : William N. Eskridge
Publisher : Harvard University Press
ISBN 13 : 9780674218789
Total Pages : 460 pages
Book Rating : 4.2/5 (187 download)

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Book Synopsis Dynamic Statutory Interpretation by : William N. Eskridge

Download or read book Dynamic Statutory Interpretation written by William N. Eskridge and published by Harvard University Press. This book was released on 1994 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.

Building the Rule of Law in China

Author : Lin Li
Publisher : Elsevier
ISBN 13 : 008102231X
Total Pages : 353 pages
Book Rating : 4.0/5 (81 download)

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Book Synopsis Building the Rule of Law in China by : Lin Li

Download or read book Building the Rule of Law in China written by Lin Li and published by Elsevier. This book was released on 2017-03-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building the Rule of Law in China explores the idea that China needs a more globalized and diversified vision for the science of law, presenting the need to think differently from the two major western mainstream legal cultures, the Anglo-American and the continental systems. Other globalized, universalized, and diversified models and experiences in the rule of law from diverse civilizations have much to offer China. Through learning from the strengths exhibited by systems in countries with a very developed and well-organized rule of law, and absorbing essential aspects from different countries, China might be well positioned to promote the development of the rule of law in a robust and comprehensive manner. This book explores the topic from several perspectives, giving the reader an up-to-date resource on the ever-evolving vision for the science of law in China. Explores the situation of rule of law in China as it currently stands Presents a case that China must look beyond the two western systems of law for a more globalized vision Gives analysis on the contemporary situation, and insight into the near future Presents a particular perspective on the rule of law in China by a scholar closely involved with its actual development Translates into English, providing a new and valuable perspective to an English speaking readership

The Dynamics of Rules

Author : James G. March
Publisher : Stanford University Press
ISBN 13 : 9780804739962
Total Pages : 248 pages
Book Rating : 4.7/5 (399 download)

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Book Synopsis The Dynamics of Rules by : James G. March

Download or read book The Dynamics of Rules written by James G. March and published by Stanford University Press. This book was released on 2000 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This quantitative study uses the history of Stanford University to develop speculations about the ways in which written rules change. It contributes both to a theory of rules and to theories of organizational decision-making, change, and learning.

Customary Justice and the Rule of Law in War-torn Societies

Author : Deborah Isser
Publisher : US Institute of Peace Press
ISBN 13 : 1601270666
Total Pages : 402 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Customary Justice and the Rule of Law in War-torn Societies by : Deborah Isser

Download or read book Customary Justice and the Rule of Law in War-torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

The Politico-Legal Dynamics of Judicial Review

Author : Theunis Roux
Publisher : Cambridge University Press
ISBN 13 : 1108670474
Total Pages : 389 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Politico-Legal Dynamics of Judicial Review by : Theunis Roux

Download or read book The Politico-Legal Dynamics of Judicial Review written by Theunis Roux and published by Cambridge University Press. This book was released on 2018-09-06 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.

Non-State Actor Dynamics in International Law

Author : Dr Math Noortmann
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409499898
Total Pages : 226 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Non-State Actor Dynamics in International Law by : Dr Math Noortmann

Download or read book Non-State Actor Dynamics in International Law written by Dr Math Noortmann and published by Ashgate Publishing, Ltd.. This book was released on 2013-03-28 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-state actors have always been treated with ambivalence in the works of international law. While their empirical existence is widely acknowledged and their impact and influence uncontested, non-state actors are still not in the centre of international legal research. The idea that non-state actors are not law-makers, however, stands in sharp contrast with the growing notion of non-state actors as law-takers. This book examines the position of non-state actors in international law as law-makers and law-takers and questions whether these different positions can or should be separated from each other. Each contribution reveals both the political and normative aspects of the question as well as the positivistic possibilities and constraints to accommodate non-state actors as law-takers and law-makers in the contemporary international legal system. Altogether, each expert reveals that the position of non-state actors in international law is not a fixed one but changes with the functional and theoretical perspectives of the observer. Non-State Actor Dynamics in International Law is a welcomed addition to an under researched field of legal study. An indispensable read to scholars and policy makers wishing to gain new insights into general discourse on non-state actors in international law and the process of norm formation in the international realm.

The United Nations Rule of Law Indicators

Author :
Publisher :
ISBN 13 : 9789211012477
Total Pages : 0 pages
Book Rating : 4.0/5 (124 download)

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Book Synopsis The United Nations Rule of Law Indicators by :

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.

Tying the Autocrat's Hands

Author : Yuhua Wang
Publisher : Cambridge University Press
ISBN 13 : 1107071747
Total Pages : 215 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Tying the Autocrat's Hands by : Yuhua Wang

Download or read book Tying the Autocrat's Hands written by Yuhua Wang and published by Cambridge University Press. This book was released on 2015 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tying the Autocrat's Hands provides a comprehensive, empirical evaluation of legal reforms in contemporary China. Based on the author's extensive fieldwork and analyses of original data, the book tells a story in which foreign investors with weak political connections push for judicial empowerment in China, while Chinese investors struggle to hold on to their privileges.

No Rule of Law, No Democracy

Author : Cristina Nicolescu-Waggonner
Publisher : SUNY Press
ISBN 13 : 1438462638
Total Pages : 316 pages
Book Rating : 4.4/5 (384 download)

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Book Synopsis No Rule of Law, No Democracy by : Cristina Nicolescu-Waggonner

Download or read book No Rule of Law, No Democracy written by Cristina Nicolescu-Waggonner and published by SUNY Press. This book was released on 2016-11-10 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that new democracies face consolidation challenges due to campaign finance corruption and the unwillingness of politicians to reform rule of law enforcement. Mainstream theories assert that democracy cures corruption. In market economies, however, elections are expensive and parties, with ever-thinning memberships, cannot legally acquire the necessary campaign funds. In order to secure electoral funds, a large number of politicians misappropriate public funds. Due to the illicit character of these transactions, high officials with conflicts of interest prefer to leave anticorruption enforcement mechanisms unreformed and reserve the right to intervene in the judicial process, with dire consequences for the rule of law. In No Rule of Law, No Democracy, Cristina Nicolescu-Waggonner demonstrates that when corrupt politicians are in powertrue of nearly all new democraciesthey will protect their office and fail to implement rule of law reforms. Consequently, these polities never reach a point where democracy could and would cure corruption. This dysfunction is tested in one hundred cases over sixteen years with significant results. In the case of the Czech Republic, for example, which is regarded as a consolidated democracy, there is systematic corruption, misappropriation of state funds, an unreformed judiciary, and arbitrary application of law. The only solution is a powerful, independent, well-funded anticorruption agency. Romania, one of the most corrupt countries in Europe, established, at the European Unions request, powerful anticorruption bodies and punished corrupt leaders, which created the predictability of enforcement. It is the certainty of punishment that curtails corruption and establishes true rule of law.

The Dynamics of Judicial Independence

Author : Lorne Neudorf
Publisher : Springer
ISBN 13 : 3319498843
Total Pages : 262 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Dynamics of Judicial Independence by : Lorne Neudorf

Download or read book The Dynamics of Judicial Independence written by Lorne Neudorf and published by Springer. This book was released on 2017-02-22 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.

Getting to the Rule of Law

Author : James E. Fleming
Publisher : NYU Press
ISBN 13 : 0814728448
Total Pages : 310 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Getting to the Rule of Law by : James E. Fleming

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.

The Legal Framework of the OSCE

Author : Mateja Steinbrück Platise
Publisher : Cambridge University Press
ISBN 13 : 1108615147
Total Pages : 719 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis The Legal Framework of the OSCE by : Mateja Steinbrück Platise

Download or read book The Legal Framework of the OSCE written by Mateja Steinbrück Platise and published by Cambridge University Press. This book was released on 2019-05-30 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.