Rule of Law Reform and Development

Rule of Law Reform and Development
Author: M. J. Trebilcock
Publisher: Edward Elgar Publishing
Total Pages: 381
Release: 2009-01-01
Genre: Law
ISBN: 1848442971

Rule of Law Reform and Development stands out as an important contribution. Michael Trebilcock and Ronald Daniels have produced an ambitious, comprehensive, and persuasive book that will be of interest to both rule of law practitioners and academics. . . the book s overall strengths as a near-encyclopaedic appraisal of law and development will ensure its standing as a key resource for this still rapidly evolving field. Irina Ceric, Canadian Journal of Law and Society This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of law offers an appealing alternative to both one-size-fits-all universalism on the one hand and unconstrained relativism on the other. Kevin Davis, New York University School of Law, US This is the book that I have been waiting for. Even though rule of law has become the new mantra in development, its meaning remains elusive and its operational content unclear. This book helps us think systematically about it. Grounded in a procedural conceptualization of the rule of law, and supported by detailed case studies, Trebilcock and Daniels analysis lays out a theoretically sophisticated, yet practical agenda for making progress with rule-of-law reforms. Dani Rodrik, Harvard University, US This is a book on the role of legal institutions in economic development that is rich in institutional analysis and nuanced in terms of sensitivity to social, historical and political-economy issues that arise in the implementation of the rule of law. I particularly value its major focus on the need for balance between independence and accountability that afflict any rule of law reform: a balance which is missing in more one-sided accounts in the literature. I believe the book will be widely read and appreciated. Pranab Bardhan, University of California, Berkeley, US Within the law and development literature it is the most knowledgeable and comprehensive book on legal reform. I think that it will find a grateful readership among people working in development agencies, in humanitarian organizations and among scholars and students of development studies. Hans-Bernd Schäfer, University of Hamburg, Germany By identifying the key politico-economic reasons why rule-of-law reforms in developing countries have faltered and drawing out the implications for future strategy, this book is of immense importance and should be widely read. Anthony Ogus, CBE, FBA, University of Manchester, UK This important book addresses a number of key issues regarding the relationship between the rule of law and development. It presents a deep and insightful inquiry into the current orthodoxy that the rule of law is the panacea for the world s problems. The authors chart the precarious progress of law reforms both in overall terms and in specific policy areas such as the judiciary, the police, tax administration and access to justice, among others. They accept that the rule of law is necessarily tied to the success of development, although they propose a set of procedural values to enlighten this institutional approach. The authors also recognize that states face difficulties in implementing this institutional structures and identify the probable impediments, before proposing a rethink of law reform strategies and offering some conclusions about the role of the international community in the rule of law reform. Reviewing the progress in the rule of law reform in developing countries, specifically four regions Latin America, Africa, Central and Eastern Europe, and Asia this book makes a significant contribution to the literature. It will be of great interest to scholars and advanced students, as well as practitioners in the field, including international and bilateral aid agencies working on rule of law reform projects, and international and regional non-governmental organiza

Key Aspects of Law Reform: The Changes That Need to Be Made

Key Aspects of Law Reform: The Changes That Need to Be Made
Author: Anne Wade
Publisher: Society Publishing
Total Pages:
Release: 2021-12
Genre: Law
ISBN: 9781774690130

Human law always needs reform. In order to preserve the rule of law, it is necessary to carry out legal reforms based on the principles of reasonable methodology and fully consider the perspectives of civil society and professionals. The process must be respectable, reliable, strict and responsive. In seeking successful legal reform through these measures, experience and expertise are required. The volume provides a practical guide to the daily process of legal reform in any jurisdiction. There are many articles on legal reform, but due to its practicality and cross-jurisdictional focus, this volume is unique. The demand for such a volume has been widely recognized. This volume guides readers through typical legal reform projects in a practical way. Whether it is read holistically or mentioned when a problem arises, it is designed to make it easy for readers to access and participate in law reforms. The volume provides ideas for logical legal reforms and discusses practical possibilities. It presents the benefits of different reform methods, discusses the reasons, and gives example of successful law reforms.

Aspects of Law Reform

Aspects of Law Reform
Author: Jack Straw
Publisher: Cambridge University Press
Total Pages: 99
Release: 2013-07-04
Genre: Law
ISBN: 1107043026

Jack Straw reviews recent reforms to the system of British justice and suggests key areas where further reform is needed.

New Directions for Law in Australia

New Directions for Law in Australia
Author: Ron Levy
Publisher: ANU Press
Total Pages: 677
Release: 2017-09-22
Genre: Law
ISBN: 1760461423

For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.

Changing the Law

Changing the Law
Author: Commonwealth Secretariat
Publisher: Commonwealth Secretariat
Total Pages: 251
Release: 2017-11-30
Genre: Law
ISBN: 1849291748

Changing the Law: A Practical Guide to Law Reform is designed to provide practical assistance to users seeking to deliver high standard law reform outcomes. Using examples and experience from around the Commonwealth and beyond, it guides users through each phase of a successful reform, from initiation to final implementation.

The Federalist Papers

The Federalist Papers
Author: Alexander Hamilton
Publisher: Read Books Ltd
Total Pages: 420
Release: 2018-08-20
Genre: History
ISBN: 1528785878

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Domestic Law Reforms in Post-Mao China

Domestic Law Reforms in Post-Mao China
Author: Pitman B. Potter
Publisher: Routledge
Total Pages: 385
Release: 2019-07-12
Genre: Social Science
ISBN: 1315485877

This volume explores various aspects of the law in transition in post-Mao China. Stanley Lubman's introduction places each of the substantive chapters in the larger context of Chinese legal studies. Edward Epstein analyses the transplanting of European and Anglo-American legal ideologies into China, and the dilemmas this poses for the rule of law and legitimation in the reform period. Murray Scot Tanner analyses reforms in the legislative process, focusing particularly on the separation of the Communist Party from day-to-day legislative affairs and more pluralistic tendencies in the legislative process. William C. Jones, by addressing the opinion of the Surpreme People's Court regarding implementation of the general principles of civil law, raises compelling questions about legal interpretation in China in the context of social reform. James Feinerman analyses developments in Chinese contract law, raising the question as to whether in China it can form a basis for predictability and certainty in commercial transactions that are integral to the economic reforms. Judy Polumbaum studies developing efforts to enact a press law, reflecting the uses to which law has been put in pursuit of the political issue of press reform. Finally, Pitman Potter analyses the emerging concept of judicial review in the context of the Administrative Litigation Law of the PRC, an important aspect of political reform in China. By addressing these issues, the authors aim to reveal the various aspects of the developing autonomy that is embodied in China's legal reforms.

ALRC 136 the Future of Law Reform

ALRC 136 the Future of Law Reform
Author: Australian Law Reform Commission
Publisher:
Total Pages:
Release: 2019-12-02
Genre:
ISBN: 9780648208761

The report follows 8 months of national consultations. Through an online survey, individuals and organisations had the opportunity to provide comments on potential law reform topics and make their own suggestions about areas of law they believe are in need of reform. Over 400 people completed the survey. The ALRC has also been holding consultations with key stakeholders and conducting public seminars.