Suchergebnisse

Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of 'entrenchment clauses' to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have typically served, and to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political theory, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points

Transitions: Legal Change, Legal Meanings illustrates the various intersections, crises, and shifts that continually occur within the law, and how these moments of change interact with and comment on contemporary society. Together the essays in this volume investigate the transformation of US law during moments of political change and explore what we can learn about law by examining its role and its use in times of transition. Whether by an abrupt shift in regime or an orderly progression from one government to the next, political change often calls into question the stability and versatili

1. Seeking Constitutional Settlement in Myanmar -- Janelle Saffin -- 2. Rule of Law Concepts in Burma's Constitutions and Actual Practice: No Ground for Optimism -- Myint Zan -- 3. A Second Panglong Agreement: Burmese Federalism for the Twenty-first Century -- David C Williams -- 4. Irresistible Forces and Immovable Objects: Constitutional Change in Myanmar -- Andrew Harding -- 5. The 2008 Constitution: The Evolution of Leadership -- Priscilla Clapp -- 6. Contesting the Rules: Myanmar's 2015 Election and Electoral Integrity -- Bridget Welsh -- 7. Achieving 'Genuine Federalism'? Myanmar's Inexorable Path Towards Constitutional Devolution and -- Decentralised Governance -- Marcus Brand -- 8. The Everyday Emergency: Between the Constitution and the Code of Criminal Procedure in Myanmar -- Melissa Crouch -- 9. How the Constitutional Tribunal's Jurisprudence Sparked a Crisis -- Dominic Jerry Nardi, Jr -- 10. Judicial Power and the Constitutional Tribunal: Some Suggestions for Better Legislation Relating to -- the Tribunal and its Role -- Khin Khin Oo -- 11. Human Rights under the New Regime -- Catherine Renshaw -- 12. The Legal Profession and the Substantive Rule of Law in Myanmar -- Janelle Saffin and Nathan Willis

In this first U.S. edition of a classic work of comparative legal scholarship, Alan Watson argues that law fails to keep step with social change, even when that change is massive. To illustrate the ways in which law is dysfunctional, he draws on the two most innovative western systems, of Rome and England, to show that harmful rules continue for centuries. To make his case, he uses examples where, in the main, "the law benefits no recognizable group or class within the society (except possibly lawyers who benefit from confusion) and is generally inconvenient or positively harmful to socie

Reformers had high hopes that the end of communism in Eastern Europe and the former Soviet Union would lead to significant improvements in legal institutions and the role of law in public administration. However, the cumulative experience of 25 years of legal change since communism has been mixed, marked by achievements and failures, advances and moves backward. This book – written by a team of socio-legal scholars – probes the nuances of this process and starts the process to explain them. It covers developments across the former Soviet Union and Eastern Europe, and it deals with both legal institutions (courts and police) and accountability to law in public administration, including anti-corruption activities. In explaining their findings, the authors probe the impact of such factors as the type of political regime (democratic to authoritarian), international influences (such as the European Union), and culture (legal and political).

Intro -- Table of Contents -- Legal Change in Post-Communist States: Contradictions and Explanations: Peter H. Solomon Jr., Kaja Gadowska -- I. Legal Institutions -- Stemming the Tide of Illiberalism? Legal Mobilization and Adversarial Legalism in Central and Eastern Europe: Mihaela Şerban -- The Fragility of an Independent Judiciary: Lessons from Hungary and Poland-and the European Union: Kriszta Kovács, Kim Lane Scheppele -- Authoritarian Constitutionalism in Putin's Russia: A Pragmatic Constitutional Court in a Dual State: Alexei Trochev, Peter H. Solomon Jr. -- The Evolution of Policing in Post-Soviet Russia: Paternalism versus Service in Police Officers' Understanding of their Role: Olga Semukhina -- II. Legal Accountability inPublic Administration -- Prosecuting High Level Corruption in Eastern Europe: Maria Popova, Vincent Post -- When Civil Engagement is Part of the Problem: Flawed Anti-Corruptionism in Russia and Ukraine: Marina Zaloznaya, William M. Reisinger, Vicki Hesli Claypool -- Constitutional Values and Civil Servant Recruitment: The Principles for Filling Revenue Service Positions in Poland: Kaja Gadowska -- Obtaining Redress for Abuse of Office in Russia: The Soviet Legacy and the Long Road to Administrative Justice: Elena Bogdanova.