Suchergebnisse

Political theorist Jeremy Waldron makes a bracing case against identifying rule of law with predictability. Seeing the rule of law as just one value to which democracies aspire, he embraces thoughtfulness rather than rote rule-following, flexibility even at the cost of vagueness, and emphasizing procedure and argument over predictable outcomes.

"Political institutions are or ought to be the main subject of political theory. The essays in this collection are works of political theory devoted specifically to the institutions and institutional principles of modern democracy. They illustrate the author's contention in the opening chapter that the theory of politics needs to reorient itself so that it is not just the study of social justice. Institutions need to be taken seriously, by normative political theorists as much as by empirical political scientists. The collection includes studies of constitutionalism, the separation of powers, bicameralism, loyal opposition, representation, legislative due process, democratic accountability, and judicial review. It also includes critical essays on the political philosophies of Hannah Arendt and Isaiah Berlin"--Publisher's information

"When property rights and environmental legislation clash, what side should the Rule of Law weigh in on? It is from this point that Jeremy Waldron explores the Rule of Law both from an historical perspective - considering the property theory of John Locke - and from the perspective of modern legal controversies. This critical and direct account of the relation between the Rule of Law and the protection of private property criticizes the view - associated with the 'World Bank model' of investor expectations - that a society which fails to protect property rights against legislative restriction is failing to support the Rule of Law. In this book, developed from the 2011 Hamlyn Lectures, Waldron rejects the idea that the Rule of Law privileges property rights over other forms of law and argues instead that the Rule of Law should endorse and applaud the use of legislation to achieve valid social objectives"--Provided by publisher

Jeremy Waldron here attempts to restore the good name of legislation in political theory. Focused in particular on the writings of Aristotle, Locke and Kant, this book recovers and highlights ways of thinking about legislation that present it as a dignified mode of governance and a respectable source of law. The focus is particularly on legislation by assemblies, large gatherings of representatives who air their disagreements in ferocious debate and make laws by deliberation and voting. Jeremy Waldron has published extensively in law, philosophy and political theory. Here he presents a unique study of the place of legislation in the canon of political thought - a study which emphasises the positive features of democracy and representative assemblies. The Dignity of Legislation is original in conception, trenchantly argued and very clearly presented, and will be of interest to a wide range of scholars and thinkers

Brings issues of legal theory to life by relating them to real problems in British politics. Questions about human rights, the rule of law, the unwritten constitution, the role of judges, law and politics and civil disobediance are discussed.