Theatre of the Rule of Law

Author: Stephen Humphreys
Publisher: Cambridge University Press
ISBN: 113949533X
Format: PDF, ePub, Docs
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Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.

The Rule of Law and the Separation of Powers

Author: Richard Bellamy
Publisher: Routledge
ISBN: 1351540696
Format: PDF
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The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law.

International Rule of Law and Professional Ethics

Author: Dr Vesselin Popovski
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472428056
Format: PDF, ePub
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This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.

The Rule of Law in Crisis and Conflict Grey Zones

Author: Michael John-Hopkins
Publisher: Routledge
ISBN: 1351996738
Format: PDF, Mobi
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This book responds to ongoing calls for clarification and consensus regarding the meaning, scope and interplay of humanitarian law and human rights law in the ‘grey zones’ of unconventional operational environments such as counterterrorism and counterinsurgency operations. It contributes to the debate in this area by developing objective criteria for determining where the shift from the legal framework of law enforcement to that of non-international armed conflict occurs in relation to targeting law and weaponry law; by developing improved objective criteria for determining what constitutes direct participation in hostilities and de facto membership in an organised armed group; by taking stock of how existing targeting and weaponry rules are being applied to unconventional conflicts within civilian populated areas by key state players as well as by international and regional human rights mechanisms; by arguing for the progressive realisation of targeting and weaponry law so that they are more fitting for operational environments that are increasingly urbanised and civilianised; by seeking to understand how global networked connectivity may affect our understanding of the operational theatre of war and the geographical reach of the legal framework of non-international armed conflict.

Peacebuilding and Rule of Law in Africa

Author: Chandra Lekha Sriram
Publisher: Routledge
ISBN: 1136948759
Format: PDF, ePub, Mobi
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This text brings together expert practitioners and scholars in African politics, law, and conflict and peacebuilding to examine the expanding international efforts to promote rule of law in countries emerging from violent conflict, focusing specifically upon experiences in Africa.

Nationalism and the Rule of Law

Author: Iavor Rangelov
Publisher: Cambridge University Press
ISBN: 1107012198
Format: PDF, ePub
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This book provides the first systematic account of the relationship between nationalism and the rule of law.

Strengthening the Rule of Law through the UN Security Council

Author: Jeremy Farrall
Publisher: Routledge
ISBN: 1317338391
Format: PDF, ePub, Mobi
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The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.

Opposing the Rule of Law

Author: Nick Cheesman
Publisher: Cambridge University Press
ISBN: 1107083184
Format: PDF, Mobi
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A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.