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The Legal Doctrines Of The Rule Of Law And The Legal State Rechtsstaat
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Book Synopsis The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) by : James R. Silkenat
Download or read book The Legal Doctrines of the Rule of Law and the Legal State (Rechtsstaat) written by James R. Silkenat and published by Springer. This book was released on 2014-05-28 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Book Synopsis General Theory of Law and State by : Hans Kelsen
Download or read book General Theory of Law and State written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2009 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.
Book Synopsis Political Technology and the Erosion of the Rule of Law by : Günter Frankenberg
Download or read book Political Technology and the Erosion of the Rule of Law written by Günter Frankenberg and published by Edward Elgar Publishing. This book was released on 2014-01-31 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely volume by distinguished scholar Günter Frankenberg offers a sophisticated analysis and sharp critique of the reactions of nations such as the US, Great Britain and Germany to perceived terrorist threats, organized crime actions and other political emergencies that have occurred in recent years.
Download or read book The Rule of Law written by Franz Neumann and published by Berg Publishers. This book was released on 1986 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis From Rechtsstaat to Universal Law-State by : Åke Frändberg
Download or read book From Rechtsstaat to Universal Law-State written by Åke Frändberg and published by Springer. This book was released on 2014-07-03 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book the author investigates what is common to the German idea of the Rechtsstaat and the Anglo-American idea of the Rule of Law. He argues that, although dressed up in rather different garb, these two concepts are in fact based on the same fundamental idea and stand for the same values (“the law-state values”) – all ideas that are in the European tradition older than their British and German variants. The fundamental idea is that the individual shall enjoy legal protection against infringements brought about by the exercise of power on the part of the state. In the book basic concepts such as legality, legal equality, legal certainty, legal accessibility and legal security are investigated. Also explored are their mutual relations, in particular, conflicts between them. Furthermore, the book offers practical advice on realising and sustaining these values in practice. Finally, it is argued that the characteristic law-state values can only be justified by reference to an even more fundamental humanistic idea, namely, what the author calls “a life of human dignity”.
Book Synopsis Elgar Encyclopedia of Public Management by : Schedler, Kuno
Download or read book Elgar Encyclopedia of Public Management written by Schedler, Kuno and published by Edward Elgar Publishing. This book was released on 2022-08-16 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Encyclopedia is an essential reference text for students, scholars and practitioners in public management. Offering a broad and inter-cultural perspective on public management as a field of practice and science, it covers all the most relevant and contemporary terms and concepts, comprising 78 entries written by nearly 100 leading international scholars.
Download or read book Theo-Politics? written by Markus Höfner and published by Rowman & Littlefield. This book was released on 2021-10-25 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the theological work of Karl Barth as a resource for present-day inquiry, the contributors in this volume discuss the complex interconnections between the religious and the political designated by the term theo-politics. Speaking from various political and cultural contexts (Germany, the United Kingdom, the United States, Hong Kong, Taiwan, and the People’s Republic of China) and different disciplinary perspectives (Protestant Theology, Political Sciences, and Sociology), the contributors address contemporary challenges in relating the religious and the political in Western and Asian societies. Topics analyzed include the impact of diverse cultural backgrounds on given theo-political arrangements, theological assessments of political power, the political significance of individual and communal Christian existence and the place of Christian communities in civil societies. In their nuanced discussions of these topics, the contributors neither advocate for a privatized, apolitical understanding of the Christian faith nor for a religious politics seeking to overcome modern processes of differentiation and secularization. Critically engaging Barth’s theology, they examine the Christian responsibility in and for the political sphere and reflect on the practice of such responsibility in Western and Asian contexts.
Book Synopsis The Rule of Law History, Theory and Criticism by : Pietro Costa
Download or read book The Rule of Law History, Theory and Criticism written by Pietro Costa and published by Springer. This book was released on 2007-05-07 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.
Book Synopsis The Rule of Law, Freedom of Expression and Islamic Law by : Hossein Esmaeili
Download or read book The Rule of Law, Freedom of Expression and Islamic Law written by Hossein Esmaeili and published by Bloomsbury Publishing. This book was released on 2017-12-14 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of the rule of law is universally recognised and of fundamental value for most societies. Establishing and promoting the rule of law in the Muslim world, particularly in the Middle East, North Africa, and Central Asia, has become a pressing but complicated issue. These states have Muslim majority populations, and the religion of Islam has an important role in the traditional structures of their societies. While the Muslim world is taking gradual steps towards the establishment of rule of law systems, most Muslim majority countries may not yet have effective legal systems with independent judiciaries, which would allow the state and institutions to be controlled by an effective rule of law system. One important aspect of the rule of law is freedom of expression. Given the sensitivity of Muslim societies in relation to their sacred beliefs, freedom of expression, as an international human rights issue, has raised some controversial cases. This book, drawing on both International and Islamic Law, explores the rule of law, and freedom of expression and its practical application in the Muslim world.
Book Synopsis The Politics of the Rule of Law in the EU Polity by : Ramona Coman
Download or read book The Politics of the Rule of Law in the EU Polity written by Ramona Coman and published by Springer Nature. This book was released on 2022-04-23 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the challenges facing the European Union through the frame of the rule of law. It shows how over the last decades the increased dissensus and contestation of the rule of law has given rise to heightened tensions between national and EU institutions, leading to the establishment of new soft and hard policy tools to safeguard it at the supranational level. The book proposes a comprehensive and multifaceted analysis of the current state of debates by exploring how EU institutional actors seek to uphold the Union’s values. It shows that European integration in core state powers is the outcome of the clash between liberal and anti-liberal ideas, between dissensus and contestation over how collective problems should be solved, in a community of voices featuring assent and dissent, all of which give democracy its substance. Beyond the analysis of the emerging EU’s rule of law policy, the book will help readers to better understand the EU’s fragilities and resilience and the potential challenges for the future of EU integration.
Book Synopsis The International Rule of Law by : Denise Wohlwend
Download or read book The International Rule of Law written by Denise Wohlwend and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.
Book Synopsis Constitutional Bricolage by : Eugénie Mérieau
Download or read book Constitutional Bricolage written by Eugénie Mérieau and published by Bloomsbury Publishing. This book was released on 2021-12-02 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the unique constitutional system in operation in Thailand as a continuous process of bricolage between various Western constitutional models and Buddhist doctrines of Kingship. Reflecting on the category of 'constitutional monarchy' and its relationship with notions of the rule of law, it investigates the hybridised semi-authoritarian, semi-liberal monarchy that exists in Thailand. By studying constitutional texts and political practices in light of local legal doctrine, the book shows that the monarch's affirmation of extraordinary prerogative powers strongly rests on wider doctrinal claims about constitutionalism and the rule of law. This finding challenges commonly accepted assertions about Thailand, arguing that the King's political role is not the remnant of the 'unfinished' borrowing of Western constitutionalism, general disregard for the law, or cultural preference for 'charismatic authority', as generally thought. Drawing on materials and sources not previously available in English, this important work provides a comprehensive and critical account of the Thai 'mixed constitutional monarchy' from the late 19th century to the present day.
Book Synopsis The EU's Conceptualisation of the Rule of Law in its External Relations by : Lisa Louwerse
Download or read book The EU's Conceptualisation of the Rule of Law in its External Relations written by Lisa Louwerse and published by BRILL. This book was released on 2023-09-04 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the question of how the EU understands the ‘rule of law’ in its external relations, with a particular focus on development cooperation and enlargement. Although the EU’s commitment to the rule of law is strong, the relevant concept remains nebulous. On the basis of a detailed analysis of two key EU external policy areas, the main argument advanced is that the Union has adopted a mostly ‘institutional’ approach to the concept by focussing largely on judicial reform. By testing the relevant practice against the background of the constitutional traditions of the Member States and legal theory, the book attests to the significance of developing a comprehensive approach to the rule of law in EU external relations.
Author :International Association for Philosophy of Law and Social Philosophy. World Congress Publisher : ISBN 13 : Total Pages :412 pages Book Rating :4.F/5 ( download)
Book Synopsis Rule of Law by : International Association for Philosophy of Law and Social Philosophy. World Congress
Download or read book Rule of Law written by International Association for Philosophy of Law and Social Philosophy. World Congress and published by . This book was released on 1997 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Partial proceedings of the 17th World Congress of the International Association of Legal and Social Philosophy, held in Bologna, June 16-21, 1995.
Book Synopsis Understanding the Rule of Law by : Geert Corstens
Download or read book Understanding the Rule of Law written by Geert Corstens and published by Bloomsbury Publishing. This book was released on 2017-08-10 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'rule of law' is increasingly regarded as integral to liberal democracy, and its significance is frequently discussed by lawyers, academics, politicians and the media. But the meaning of the phrase is not always clear. What does 'the rule of law' mean exactly? And why is it so important to the democratic state and, above all, its citizens? In Understanding the Rule of Law, former president of the Dutch Supreme Court Geert Corstens paints a lively and accessible portrait of the rule of law in practice. The focus is on the role of the courts, where the tensions in a democratic state governed by the rule of law are often discussed and resolved. Using landmark judgments, Geert Corstens explains what judges do and why their work is valuable. What do minimum sentences and prisoners' voting rights have to do with each other? Why is there no easy answer to the question of whether a paedophile organisation should be banned? Why is it no joke when the Italian politician Silvio Berlusconi calls the judiciary 'the cancer of democracy'? Understanding the Rule of Law provides the answers to these and many other questions, and is essential reading for anyone interested in the state of democracy today.
Book Synopsis Law, Liberty, and the Rule of Law by : Imer B. Flores
Download or read book Law, Liberty, and the Rule of Law written by Imer B. Flores and published by Springer. This book was released on 2012-09-29 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a substantial increase in concern for the rule of law. Not only have there been a multitude of articles and books on the essence, nature, scope and limitation of the law, but citizens, elected officials, law enforcement officers and the judiciary have all been actively engaged in this debate. Thus, the concept of the rule of law is as multifaceted and contested as it’s ever been, and this book explores the essence of that concept, including its core principles, its rules, and the necessity of defining, or even redefining, the basic concept. Law, Liberty, and the Rule of Law offers timely and unique insights on numerous themes relevant to the rule of law. It discusses in detail the proper scope and limitations of adjudication and legislation, including the challenges not only of limiting legislative and executive power via judicial review but also of restraining active judicial lawmaking while simultaneously guaranteeing an independent judiciary interested in maintaining a balance of power. It also addresses the relationship not only between the rule of law, human rights and separation of powers but also the rule of law, constitutionalism and democracy.
Book Synopsis The Constitution of Freedom by : András Sajó
Download or read book The Constitution of Freedom written by András Sajó and published by Oxford University Press. This book was released on 2017-11-04 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, András Sajó and Renáta Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajó and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.
