Transition To Rule Of Law
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Author | : A. James McAdams |
Publisher | : |
Total Pages | : 344 |
Release | : 1997 |
Genre | : Law |
ISBN | : |
This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.
Author | : Hakeem Yusuf |
Publisher | : |
Total Pages | : 204 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0415575354 |
"A GlassHouse book".--T.p.
Author | : Adam Przeworski |
Publisher | : Cambridge University Press |
Total Pages | : 338 |
Release | : 2003-07-21 |
Genre | : Law |
ISBN | : 9780521532662 |
This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
Author | : Adam Czarnota |
Publisher | : Central European University Press |
Total Pages | : 392 |
Release | : 2005-09-10 |
Genre | : Law |
ISBN | : 6155053626 |
In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.
Author | : Leonardo Morlino |
Publisher | : BRILL |
Total Pages | : 228 |
Release | : 2010 |
Genre | : Social Science |
ISBN | : 9004181695 |
Through a reappraisal of rule of law and democracy the contributors provide for a fresh set of inquiries, from the State, consolidated and transitional democracies, to interstate, European and global scenarios. They converge in tackling empirical and normative questions, and suggest further connections between rule of law and democracy.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Adis Nicolaidis, Kalypso Merdzanovic |
Publisher | : BoD – Books on Demand |
Total Pages | : 180 |
Release | : 2021-04-20 |
Genre | : Law |
ISBN | : 3838215419 |
In our daily lives, the rule of law matters more than anything and yet remains an invisible presence. We trust in the rule of law to protect us from governmental overreach, mafia godfathers, or the will of the majority. We take the rule of law for granted, often failing to recognize its demise—until it is too late. For under attack it is, not only in the growing number of authoritarian countries around the world but in Europe, too. As a citizen’s guide, this book explains in plain language what the rule of law is, why it matters, and why we have to defend it. The starting point is to ask why EU efforts to promote the rule of law in candidate countries have succeeded or failed, and what this tells us about what is happening inside the EU. The authors move on to suggest ways of strengthening the rule of law in Europe and beyond. This book is a call to action in defense of the most precious human invention of all time.
Author | : Nick Cheesman |
Publisher | : Cambridge University Press |
Total Pages | : 337 |
Release | : 2015-03-12 |
Genre | : History |
ISBN | : 1107083184 |
A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.
Author | : American Bar Association. Central European and Eurasian Law Initiative |
Publisher | : |
Total Pages | : |
Release | : 2021 |
Genre | : Law reform |
ISBN | : 9781641059282 |
"This book describes the beginnings of CEELI, the obstacles it overcame, the challenges it faced, and the ABA leaders who built it. It will then look at the practical, real life, on-the-ground influence that CEELI and its successor organization, the ABA Rule of Law Initiative (ROLI), have had on various jurisdictions around the world and on the evolving legal and political systems in them. It will also evaluate the impact that this Rule of Law movement has had on a wide range of individual lawyers and judges"--
Author | : Anja Seibert-Fohr |
Publisher | : Springer Science & Business Media |
Total Pages | : 1367 |
Release | : 2012-04-25 |
Genre | : Law |
ISBN | : 3642282997 |
Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.