Lawfare And Judicial Legitimacy
Download Lawfare And Judicial Legitimacy full books in PDF, epub, and Kindle. Read online free Lawfare And Judicial Legitimacy ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| Author | : Kate Dent |
| Publisher | : Taylor & Francis |
| Total Pages | : 211 |
| Release | : 2023-07-28 |
| Genre | : Law |
| ISBN | : 100091755X |
Lawfare is a complex and evolving concept with many permutations. It is a term that is used to describe both a judicialisation of politics where the Constitutional Court is called upon to uphold constitutional responsibilities, compensating for institutional failures in the broader democratic space, and instances where there is abuse of the legal process to escape accountability. When the court is dragged into politics, it forces an examination of the legitimate scope of judicial review. This book explains how judicialisation of politics leads to the politicisation of adjudication and further weaponisation of the law. Exploring the judicial-political dynamics of South Africa from 2009 onwards, the work traces the consequences of the judicialisation of politics for institutional resilience and broader constitutional stability. Through an in-depth study of judicial legitimacy, the book seeks to provide an overarching theoretical justification for the dangers that inhere in lawfare. It analyses the potential costs of both judicial statesmanship and strategies of deference and avoidance when trying to navigate the Court safely through the era of lawfare. South Africa offers an interesting crucible within which to observe an unfolding global trend. Strengthened by its comparative focus, the implications of lawfare presented in this book transcend the South African context and are applicable to other jurisdictions in the world. The book will be of interest to researchers, academics and practitioners working in the areas of Constitutional Law and Politics.
| Author | : Orde F. Kittrie |
| Publisher | : Oxford University Press |
| Total Pages | : 505 |
| Release | : 2016 |
| Genre | : History |
| ISBN | : 0190263571 |
In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.
| Author | : Curtis A. Bradley |
| Publisher | : Oxford University Press |
| Total Pages | : 409 |
| Release | : 2020-12-01 |
| Genre | : Law |
| ISBN | : 0197525636 |
International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
| Author | : Gregory Simons |
| Publisher | : Routledge |
| Total Pages | : 452 |
| Release | : 2017-07-20 |
| Genre | : Political Science |
| ISBN | : 1317039009 |
This study discusses salient trends demonstrated by contemporary warfare of these first years of the 21st century. The authors reinforce previous notions of Fourth Generation Warfare, but most importantly explore the workings of new components and how these have modified the theory and practice of warfare beyond the basic divisions of conventional and unconventional warfare as witnessed in the preceding century. Throughout history there has been a close interaction between politics, communication and armed conflict and a main line of investigation of this book is to track changes that are presumed to have occurred in the way and manner in which armed conflicts are waged. Using cogent examples drawn variously from conflicts of the Arab Spring, the Islamic State and Russian adventurism in South Ossetia, Crimea and Eastern Ukraine, the authors demonstrate the application of Information Warfare, the practice of Hybrid Warfare, and offensive use of diplomacy, communications, economics and international law to obtain political and military advantages against the status quo states of the international community. The authors combine a theoretical framework with concrete empirical examples in order to create a better understanding and comprehension of the current events and processes that shape the character of contemporary armed conflicts and how they are informed and perceived in a highly mediatised and politicised world.
| Author | : Frank Ledwidge |
| Publisher | : Oxford University Press |
| Total Pages | : 230 |
| Release | : 2017 |
| Genre | : Counterinsurgency |
| ISBN | : 1849047987 |
"In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.
| Author | : Austin Sarat |
| Publisher | : Stanford University Press |
| Total Pages | : 249 |
| Release | : 2014-01-08 |
| Genre | : Law |
| ISBN | : 0804788863 |
Law and War explores the cultural, historical, spatial, and theoretical dimensions of the relationship between law and war—a connection that has long vexed the jurisprudential imagination. Historically the term "war crime" struck some as redundant and others as oxymoronic: redundant because war itself is criminal; oxymoronic because war submits to no law. More recently, the remarkable trend toward the juridification of warfare has emerged, as law has sought to stretch its dominion over every aspect of the waging of armed struggle. No longer simply a tool for judging battlefield conduct, law now seeks to subdue warfare and to enlist it into the service of legal goals. Law has emerged as a force that stands over and above war, endowed with the power to authorize and restrain, to declare and limit, to justify and condemn. In examining this fraught, contested, and evolving relationship, Law and War investigates such questions as: What can efforts to subsume war under the logic of law teach us about the aspirations and limits of law? How have paradigms of law and war changed as a result of the contact with new forms of struggle? How has globalization and continuing practices of occupation reframed the relationship between law and war?
| Author | : Saikrishna Bangalore Prakash |
| Publisher | : Yale University Press |
| Total Pages | : 465 |
| Release | : 2015-01-01 |
| Genre | : Law |
| ISBN | : 0300194560 |
Eminent scholar Saikrishna Prakash offers the first truly comprehensive study of the original American presidency. Drawing from a vast range of sources both well known and obscure, this volume reconstructs the powers and duties of the nation's chief executive at the Constitution's founding. Among other subjects, Prakash examines the term and structure of the office of the president, as well as the president's power as constitutional executor of the law, authority in foreign policy, role as commander in chief, level of control during emergencies, and relationship with the Congress, the courts, and the states. This ambitious and even-handed analysis counters numerous misconceptions about the presidency and fairly demonstrates that the office was seen as monarchical from its inception.
| Author | : Nikolas Rajkovic |
| Publisher | : Cambridge University Press |
| Total Pages | : 407 |
| Release | : 2016-07-28 |
| Genre | : Law |
| ISBN | : 1107145058 |
Legality today commands substantial currency in world affairs, and this volume examines the struggle over its meaning in diverse practices.
| Author | : Eric A. Posner |
| Publisher | : Macmillan + ORM |
| Total Pages | : 158 |
| Release | : 2020-06-30 |
| Genre | : Political Science |
| ISBN | : 1250303028 |
A New York Times Book Review Editor's Pick What Happens to Democracy When a Demagogue Comes to Power? "It is hard to imagine understanding the Trump presidency and its significance without reading this book.” —Bob Bauer, Former Chief Counsel to President Barack Obama What—and who—is a demagogue? How did America’s Founders envision the presidency? What should a constitutional democracy look like—and how can it be fixed when it appears to be broken? Something is definitely wrong with Donald Trump’s presidency, but what exactly? The extraordinary negative reaction to Trump’s election—by conservative intellectuals, liberals, Democrats, and global leaders alike—goes beyond ordinary partisan and policy disagreements. It reflects genuine fear about the vitality of our constitutional system. The Founders, reaching back to classical precedents, feared that their experiment in mass self-government could produce a demagogue: a charismatic ruler who would gain and hold on to power by manipulating the public rather than by advancing the public good. President Trump, who has played to the mob and attacked institutions from the judiciary to the press, appears to embody these ideas. How can we move past his rhetoric and maintain faith in our great nation? In The Demagogue’s Playbook, acclaimed legal scholar Eric A. Posner offers a blueprint for how America can prevent the rise of another demagogue and protect the features of a democracy that help it thrive—and restore national greatness, for one and all. “Cuts through the hyperbole and hysteria that often distorts assessments of our republic, particularly at this time.” —Alan Taylor, winner of the 2014 Pulitzer Prize for History
| Author | : Astrid Kjeldgaard-Pedersen |
| Publisher | : BRILL |
| Total Pages | : 249 |
| Release | : 2017-11-01 |
| Genre | : Law |
| ISBN | : 9004343598 |
In August 2015, international legal scholars and expert practitioners from Denmark, Finland, Iceland, Norway, and Sweden gathered to discuss contemporary issues of international law from a Nordic perspective: Do the “shared Nordic values” extend to embrace a common perspective on international law and policy beyond the Nordic region? And do international legal scholars in the Nordic countries share a professional outlook enabling us to speak of a distinct “Nordic approach to international law”? This book contains a selection of the conference papers, which all address aspects of Nordic approaches to international law - varying significantly in terms of subject area, methodology and style. The book is relevant to international legal scholars in the Nordic countries and beyond.
