Suchergebnisse

From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law. This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically elected majorities--to the requirements of law, is here explored by leading legal and political thinkers. Part I of The Rule of Law examines the interplay of democracy and the rule of law, while Part II focusses on the centuries-old debate about the meaning of the rule of law itself. Part III t.

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.

To protect the rule of law based legal system against abusive use of the loopholes, imperfections, contradictions of the law, to avoid legal inertia legal positivist arguments are needed to convince and mobilize the legal mind. The same applies when the blind fortune of democracy provides the opportunity to erase the legally enthroned injustice and domination of illiberal regimes. When it comes to legal enactments that serve legal cheating the rule of law must respond to systemic abuse of the law, and that requires and justifies a rule of law based exceptionalism and a systemic remedy.

This Element offers an accessible introduction to theoretical writing on the rule of law for anyone who wants to understand more about how we think and write about this central idea of legal and political thought. Part 1, 'Approaching the Rule of Law', examines the methods through which the idea of the rule of law is typically approached by those who set out to theorise it. Part 2, 'Untangling the Rule of Law', asks whether it is possible to untangle the rule of law from the various contributions, companions, connections, conflations and controversies with which it tends to be associated. Part 3, 'Revisiting the Rule of Law', signals to new frontiers of rule of law thought by addressing the assumptions about legal form that shape its theoretical treatment, and by investigating what we know about the people who carry its burdens and benefit from its offerings

In the dark days of the 1980s and 1990s, the abolition of capital punishment was virtually unthinkable. However, a new form of abolitionism - which I call Rule of Law abolitionism - has raised the hopes of death penalty opponents. In this chapter, I elucidate the logic of the Rule of Law abolitionist argument, distinguishing it from its more familiar doctrinal and moral variants. I then assess its strengths and weaknesses. On the basis of this critique, I indicate the route Rule of Law abolitionism must travel to bring about the demise of the death penalty. [Copyright 2007 Elsevier Ltd.]

Public law notions seen from shari'a law perspective have not been duly discussed in Islamic countries. In the discourse of rule of law in Islam we are confronted with a dilemma, moral values of a religion are not compatible with the coercive legislative measures. Thus the authentic application of shari'a rules is feasible only if a scientific hermeneutic of shari'a law is adapted to the exigencies of today's modern life, while the outlook on the boundaries of hermeneutic remains obscure. The first section of this article, introductory discourse, scrutinizes the fallacy of different theories on the notion of justice leading to the concept of "rule of law" in general. The second section focuses on the rule of law in Islam. Concluding ideas are presented in the final section, conclusion.

Spain is going through turbulent times, marked by a strong political polarization and an increasingly evident decline in the rule of law due to the partisan takeover of institutions. This situation has been exacerbated by President Sánchez's investiture agreements with pro-independence parties, particularly Junts, led by the fugitive Puigdemont, who spearheaded the Catalan secessionist insurrection in the autumn of 2017. The bill grants amnesty for crimes committed in connection with secessionist efforts, including, among others, misappropriation of public funds, prevarication, and attacks against authority. The amnesty, as it currently stands, violates both the Spanish Constitution and basic tenets of the rule of law.

Under the Soviet regime, jurisprudence theory included no reference to the concept of a law-governed state, which would have supported the bourgeois notion that law would control political power. This is not surprising since Marxist-Leninist doctrine viewed law as "the will of the ruling class," serving the interests of those in power. Mikhail Gorbachev's perestroika policy brought the first change to the traditional Soviet concept of law, & the 1990-1991 revolution that toppled Soviet rule furthered the process of change in law & other areas of sociopolitical life. The history of law in the Soviet era & its development since then are recounted. It is concluded that Russia still lacks a rational legal system such as those enjoyed in democratic states, though there has been much improvement. A law-governed state goes hand in hand with a philosophy of public life that fosters freedom rather than paternalism, a philosophy that does not exist under the Putin regime. J. Stanton