Ruling by Cheating

Ruling by Cheating
Author: András Sajó
Publisher: Cambridge University Press
Total Pages: 630
Release: 2021-08-12
Genre: Law
ISBN: 1108956319

There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.

Constitutional Courts and Democratic Values

Constitutional Courts and Democratic Values
Author: Víctor Ferreres Comella
Publisher: Yale University Press
Total Pages: 254
Release: 2009-12-01
Genre: Law
ISBN: 0300148682

Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which courts deal with both constitutional and non-constitutional questions.

Democracy in the Courts

Democracy in the Courts
Author: Marijke Malsch
Publisher: Routledge
Total Pages: 248
Release: 2016-05-13
Genre: Law
ISBN: 1317153073

Democracy in the Courts examines lay participation in the administration of justice and how it reflects certain democratic principles. An international comparative perspective is taken for exploring how lay people are involved in the trial of criminal cases in European countries and how this impacts on their perspectives of the national legal systems. Comparisons between countries are made regarding how and to what extent lay participation takes place and the relation between lay participation and the legal system's legitimacy is analyzed. Presenting the results of interviews with both professional judges and lay participants in a number of European countries regarding their views on the involvement of lay people in the legal system, this book explores the ways in which judges and lay people interact while trying cases, examining the characteristics of both professional and lay judging of cases. Providing an important analysis of practice, this book will be of interest to academics, legal scholars and practitioners alike.

Administrative Justice in the UN

Administrative Justice in the UN
Author: Niamh Kinchin
Publisher: Edward Elgar Publishing
Total Pages: 289
Release:
Genre: Administrative law
ISBN: 1786432617

The UN’s capacity as an administrative decision-maker that affects the rights of individuals is a largely overlooked aspect of its role in international affairs. This book explores the potential for a model of administrative justice that might act as a benchmark to which global decision-makers could develop procedural standards. Applied to the UN’s internal justice, refugee status determination, NGO participation and the Security Council, the global administrative justice model is used to appraise the existing procedural protections within UN administrative decision-making.

The Cambridge Handbook of New Human Rights

The Cambridge Handbook of New Human Rights
Author: Andreas von Arnauld
Publisher: Cambridge University Press
Total Pages: 939
Release: 2020-01-02
Genre: Political Science
ISBN: 1108751172

The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.

Reasoned Administration and Democratic Legitimacy

Reasoned Administration and Democratic Legitimacy
Author: Jerry L. Mashaw
Publisher: Cambridge University Press
Total Pages: 213
Release: 2018-09-27
Genre: Law
ISBN: 1108421008

Explains how administrative government maintains mutual respect among citizens, legitimates administrative government under law, and supports a realistic vision of democracy.

New Democracy

New Democracy
Author: William J. Novak
Publisher: Harvard University Press
Total Pages: 385
Release: 2022-03-29
Genre: Law
ISBN: 0674260449

The activist state of the New Deal started forming decades before the FDR administration, demonstrating the deep roots of energetic government in America. In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. A series of legal reforms gradually brought an end to nineteenth-century traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked through legislation, regulation, and public administration. The last time American public life had been so thoroughly altered was in the late eighteenth century, at the founding and in the years immediately following. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated peopleÕs rights. Over the course of decades, Americans progressively discarded earlier understandings of the reach and responsibilities of government and embraced the idea that legislators and administrators in Washington could tackle economic regulation and social-welfare problems. As citizens witnessed the successes of an energetic, interventionist state, they demanded more of the same, calling on politicians and civil servants to address unfair competition and labor exploitation, form public utilities, and reform police power. Arguing against the myth that America was a weak state until the New Deal, New Democracy traces a steadily aggrandizing authority well before the Roosevelt years. The United States was flexing power domestically and intervening on behalf of redistributive goals for far longer than is commonly recognized, putting the lie to libertarian claims that the New Deal was an aberration in American history.

Judicial Power

Judicial Power
Author: Christine Landfried
Publisher: Cambridge University Press
Total Pages: 411
Release: 2019-02-07
Genre: Law
ISBN: 1316999084

The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

Experimentalist Governance in the European Union

Experimentalist Governance in the European Union
Author: Charles F. Sabel
Publisher: Oxford University Press on Demand
Total Pages: 385
Release: 2010-02-25
Genre: Law
ISBN: 0199572496

This book brings together a distinguished interdisciplinary group of European and American scholars to analyze the core theoretical features of the EU's new experimentalist governance architecture and explore its empirical development across a series of key policy domains.

EU Law in Populist Times

EU Law in Populist Times
Author: Francesca Bignami
Publisher: Cambridge University Press
Total Pages: 611
Release: 2020-01-02
Genre: Law
ISBN: 1108485081

A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.