Transition To Rule Of Law

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Transitional Justice and the Rule of Law in New Democracies

Author : A. James McAdams
Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis Transitional Justice and the Rule of Law in New Democracies by : A. James McAdams

Download or read book Transitional Justice and the Rule of Law in New Democracies written by A. James McAdams and published by . This book was released on 1997 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.

Advancing the Rule of Law Abroad

Author : Rachel Kleinfeld
Publisher : Brookings Institution Press
ISBN 13 : 0870032666
Total Pages : 296 pages
Book Rating : 4.8/5 (7 download)

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Book Synopsis Advancing the Rule of Law Abroad by : Rachel Kleinfeld

Download or read book Advancing the Rule of Law Abroad written by Rachel Kleinfeld and published by Brookings Institution Press. This book was released on 2012-11-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.

Promoting the Rule of Law Abroad

Author : Thomas Carothers
Publisher : Brookings Institution Press
ISBN 13 : 0870032925
Total Pages : 384 pages
Book Rating : 4.8/5 (7 download)

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Book Synopsis Promoting the Rule of Law Abroad by : Thomas Carothers

Download or read book Promoting the Rule of Law Abroad written by Thomas Carothers and published by Brookings Institution Press. This book was released on 2010-03-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."—SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience—in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa—to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field. Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-Hélène Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).

Transitional Justice, Judicial Accountability and the Rule of Law

Author : Hakeem Yusuf
Publisher :
ISBN 13 : 0415575354
Total Pages : 204 pages
Book Rating : 4.4/5 (155 download)

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Book Synopsis Transitional Justice, Judicial Accountability and the Rule of Law by : Hakeem Yusuf

Download or read book Transitional Justice, Judicial Accountability and the Rule of Law written by Hakeem Yusuf and published by . This book was released on 2010 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A GlassHouse book".--T.p.

Democracy and the Rule of Law

Author : Adam Przeworski
Publisher : Cambridge University Press
ISBN 13 : 9780521532662
Total Pages : 338 pages
Book Rating : 4.5/5 (326 download)

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Book Synopsis Democracy and the Rule of Law by : Adam Przeworski

Download or read book Democracy and the Rule of Law written by Adam Przeworski and published by Cambridge University Press. This book was released on 2003-07-21 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes rule-of-law as an institutional equilibrium from rule-by-law is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.

Transition? To Rule of Law?

Author : Csaba Varga
Publisher :
ISBN 13 : 9789639735446
Total Pages : 292 pages
Book Rating : 4.7/5 (354 download)

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Book Synopsis Transition? To Rule of Law? by : Csaba Varga

Download or read book Transition? To Rule of Law? written by Csaba Varga and published by . This book was released on 2008 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rule of Law

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)

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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.

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'.

Law and Society in Transition

Author : Phillippe Nonet
Publisher : Transaction Publishers
ISBN 13 : 1412827310
Total Pages : 152 pages
Book Rating : 4.4/5 (128 download)

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Book Synopsis Law and Society in Transition by : Phillippe Nonet

Download or read book Law and Society in Transition written by Phillippe Nonet and published by Transaction Publishers. This book was released on with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the primary forms of law as a social, political and normative phenomenon. The authors illustrate the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity.

Law and Society in Transition

Author : Philippe Nonet
Publisher : Routledge
ISBN 13 : 1351509586
Total Pages : 237 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Law and Society in Transition by : Philippe Nonet

Download or read book Law and Society in Transition written by Philippe Nonet and published by Routledge. This book was released on 2017-07-12 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Year by year, law seems to penetrate ever larger realms of social, political, and economic life, generating both praise and blame. Nonet and Selznick's Law and Society in Transition explains in accessible language the primary forms of law as a social, political, and normative phenomenon. They illustrate with great clarity the fundamental difference between repressive law, riddled with raw conflict and the accommodation of special interests, and responsive law, the reasoned effort to realize an ideal of polity. To make jurisprudence relevant, legal, political, and social theory must be reintegrated. As a step in this direction, Nonet and Selznick attempt to recast jurisprudential issues in a social science perspective. They construct a valuable framework for analyzing and assessing the worth of alternative modes of legal ordering. The volume's most enduring contribution is the authors' typology-repressive, autonomous, and responsive law. This typology of law is original and especially useful because it incorporates both political and jurisprudential aspects of law and speaks directly to contemporary struggles over the proper place of law in democratic governance. In his new introduction, Robert A. Kagan recasts this classic text for the contemporary world. He sees a world of responsive law in which legal institutions-courts, regulatory agencies, alternative dispute resolution bodies, police departments-are periodically studied and redesigned to improve their ability to fulfill public expectations. Schools, business corporations, and governmental bureaucracies are more fully pervaded by legal values. Law and Society in Transition describes ways in which law changes and develops. It is an inspiring vision of a politically responsive form of governance, of special interest to those in sociology, law, philosophy, and politics.

A Citizen’s Guide to the Rule of Law

Author : Adis Nicolaidis, Kalypso Merdzanovic
Publisher : BoD – Books on Demand
ISBN 13 : 3838215419
Total Pages : 180 pages
Book Rating : 4.8/5 (382 download)

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Book Synopsis A Citizen’s Guide to the Rule of Law by : Adis Nicolaidis, Kalypso Merdzanovic

Download or read book A Citizen’s Guide to the Rule of Law written by Adis Nicolaidis, Kalypso Merdzanovic and published by BoD – Books on Demand. This book was released on 2021-04-20 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.

Judicial Independence in Transition

Author : Anja Seibert-Fohr
Publisher : Springer Science & Business Media
ISBN 13 : 3642282997
Total Pages : 1378 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis Judicial Independence in Transition by : Anja Seibert-Fohr

Download or read book Judicial Independence in Transition written by Anja Seibert-Fohr and published by Springer Science & Business Media. This book was released on 2012-04-25 with total page 1378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.

Lawyers in Conflict and Transition

Author : Kieran McEvoy
Publisher : Cambridge University Press
ISBN 13 : 1009234374
Total Pages : 437 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Lawyers in Conflict and Transition by : Kieran McEvoy

Download or read book Lawyers in Conflict and Transition written by Kieran McEvoy and published by Cambridge University Press. This book was released on 2022-03-17 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries undergoing or recovering from conflict and authoritarianism often face profound rule of law challenges. The law on the statute books may be repressive, judicial independence may be compromised, and criminal justice agencies may be captured by powerful interests. How do lawyers working within such settings imagine the law? How do they understand their ethical obligations towards their clients and the rule of law? What factors motivate them to use their legal practice and social capital to challenge repressive power? What challenges and risks can they face if they do so? And when do lawyers facilitate or acquiesce to illegality and injustice? Drawing on over 130 interviews from Cambodia, Chile, Israel, Palestine, South Africa, and Tunisia, this book explores the extent to which theoretical understandings within law and society research on the motivations, strategies, tactics, and experiences of lawyers within democratic states apply to these more challenging environments.

Comparing Transitions to Democracy. Law and Justice in South America and Europe

Author : Cristiano Paixão
Publisher : Springer Nature
ISBN 13 : 3030675025
Total Pages : 323 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Comparing Transitions to Democracy. Law and Justice in South America and Europe by : Cristiano Paixão

Download or read book Comparing Transitions to Democracy. Law and Justice in South America and Europe written by Cristiano Paixão and published by Springer Nature. This book was released on 2021-10-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.

The Rule of Law in the Real World

Author : Paul Gowder
Publisher : Cambridge University Press
ISBN 13 : 131649554X
Total Pages : 289 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis The Rule of Law in the Real World by : Paul Gowder

Download or read book The Rule of Law in the Real World written by Paul Gowder and published by Cambridge University Press. This book was released on 2016-02-09 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.

Transitional Justice and Rule of Law Reconstruction

Author : Padraig McAuliffe
Publisher : Routledge
ISBN 13 : 1135037760
Total Pages : 313 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Transitional Justice and Rule of Law Reconstruction by : Padraig McAuliffe

Download or read book Transitional Justice and Rule of Law Reconstruction written by Padraig McAuliffe and published by Routledge. This book was released on 2013-06-26 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.