What is the rule of law? Why does it matter? How well does America conform to the rule of law? And why do Americans, who profess such respect for the law, complain so often about our legal system? Drawing upon extensive experience in law, government service, teaching, and research, Boston University law school dean Ronald Cass offers a welcome contribution to the ongoing public discussion on law and society. After opening his discussion with chapters on the rule of law in American society, Cass turns to the hard case of its application to the president of the United States. Through this prism Cass examines the behavior of judges who may not always act according to a "perfect model." They may not always be perfectly constrained by law or achieve perfect justice through law. That, however, is the wrong thing to ask. Instead, says Cass, "looking at the ordinary case -- and asking not whether the decision advances particular aspirations for society, but whether it conforms to basic aspects of legal authority -- produces a more law-governed view of America judging." In fact, this book provides a much-needed corrective to criticism of the American legal system raised all too frequently by members of the academy and by politicians. Rather than concentrating on relatively minor inconsistencies in the law and slight departures from the ideal of perfectly constrained decision making, Cass argues that the energies of his fellow scholars could be better spent on more serious defects in the legal system. With a special section on the 2000 presidential election, including the Florida recount and Supreme Court decision, The Rule of Law in America offers a timely look at a subject of interest to legal scholars and general readers alike..
Release on 2015 | by Lisa M. Austin,Dennis Klimchuk
Author: Lisa M. Austin,Dennis Klimchuk
Pubpsher: Oxford University Press, USA
The rule of law is widely perceived to be a public law doctrine, concerned with the way governmental authority conforms to dictates of law. This book explores the idea that the rule of law instead concerns the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law.
Release on 2010 | by Leonardo Morlino,Gianluigi Palombella
Inquiries Into Internal and External Issues
Author: Leonardo Morlino,Gianluigi Palombella
Category: Social Science
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.
Release on 2018-08-31 | by Christopher May,Adam Winchester
Author: Christopher May,Adam Winchester
Pubpsher: Edward Elgar Publishing
The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.
Release on 2003-01 | by Cheryl Saunders,Katherine Le Roy
Author: Cheryl Saunders,Katherine Le Roy
Pubpsher: Federation Press
The rule of law is acknowledged worldwide as central to good governance. Yet there often appears a huge gap between theory and practice, the acknowledgement no more than lip service. Where are the gaps? What are the problems? What is meant by 'the rule of law'? This book brings together the views of an extraordinary range of well-known authors. It contains essays by: Chief Justice Murray Gleeson, High Court of Australia; Justice Louise Arbour, Supreme Court of Canada; Justice Ruth Bader Ginsburg, Supreme Court of USA; Dr Radhika Coomaraswamy, the UN Special Rapporteur on Violence against Women; and Professors Saunders (Australia), Dyzenhaus (Canada) and Troper (France). Each essay is followed by a substantial comment by a distinguished Australian jurist - Justices Gaudron and Hayne, Sir Anthony Mason, Elizabeth Evatt, and Professors Saunders and McCormack - to highlight the relevance of the issues raised for Australia. The essays cover issues such as: the debate about the meaning and application of the rule of law, nationally and internationally; the gaps between the theory and practice of the rule of law; relations between governments and people; the tensions between the judiciary and the elected branches of government (for example, ouster of the jurisdiction of the Australian courts); international criminal justice; and the position of women in situations of conflict and insurrection. The analyses in the book draw on topical events ranging from the Florida appeal in the election of President Bush (Justice Ginsburg) to the indictment of Slobodan Milosevic at the War Crimes Tribunal (Justice Arbour, who was prosecutor).
From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law. This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically elected majorities--to the requirements of law, is here explored by leading legal and political thinkers. Part I of The Rule of Law examines the interplay of democracy and the rule of law, while Part II focusses on the centuries-old debate about the meaning of the rule of law itself. Part III takes up the constraints that rationality exercises on the rule of law. If the rule of law is desirable partly because it is rational, then departures from that rule might also be desirable in the event that they can be shown to be rational. Part IV concentrates on the limits of the rule of law, considering the tensions between liberalism and the rule of law which exist despite the fact that reasoned commitment to the rule of the law is preeminently a liberal commitment. Contributing to the volume are: Robert A. Burt (Yale University), Steven J. Burton (University of Iowa), William N. Eskridge, Jr. (Georgetown University), John Ferejohn (Stanford University), Richard Flathman (Johns Hopkins University), Gerald F. Gaus (University of Minnesota, Duluth), Jean Hampton (University of Arizona), Russell Hardin (University of Chicago), James Johnson (University of Rochester), Jack Knight (Washington University), Stephen Macedo (Harvard University), David Schmidtz (Yale University), Lawrence B. Solum (Loyola Marymount University), Michael Walzer (Princeton University), Catherine Valcke (University of Toronto), and Michael P. Zuckert (Carleton College).
The rule of law neither celebrates human rights nor simply ratifies whatever happens to be on the statute books. At its core it simply guarantees that laws, however immoral or unjust, penalise people only for what they do, and never for what they are. Yet even when its moral accretions are stripped away, the rule of law offers protections that morality itself has trouble maintaining.This book draws on contemporary moral theory, philosophy of law and political theory to explore the rule of law. Offering new perspectives on contemporary moral issues, particularly those related to race relations, cultural diversity, and 'political correctness', Neumann argues that the rule of law does not compete with morality, but complements it, suggesting how, if we cannot find principles suitable to our societies, perhaps we can make societies that fit our principles.
Building the Rule of Law across the world is an important and vital commitment for the worldwide legal profession. This book draws together worldwide International Bar Association symposiums and other papers on the topic to provide a commentary on the subject from leading individuals and practitioners. Themes covered include: access to justice in developing jurisdictions; corruption; corporate responsibility; cross-border pro bono legal assistance; freedom of expression; extreme situations; and independence of the judiciary and the legal profession.