Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (19)
- Law and Society (19)
- Human Rights Law (18)
- Law and Politics (18)
- Courts (16)
-
- International Law (15)
- Judges (15)
- Jurisprudence (14)
- Public Law and Legal Theory (13)
- Comparative and Foreign Law (12)
- First Amendment (12)
- Transnational Law (10)
- Health Law and Policy (9)
- Law and Economics (9)
- Election Law (8)
- Immigration Law (8)
- European Law (7)
- Fourteenth Amendment (7)
- Fourth Amendment (7)
- Indigenous, Indian, and Aboriginal Law (7)
- Jurisdiction (7)
- Legal Biography (7)
- Other Law (7)
- Religion Law (7)
- Second Amendment (7)
- Sexuality and the Law (7)
- Social Welfare Law (7)
- Social and Behavioral Sciences (7)
- Keyword
-
- Rule of Law (9)
- Constitutional Law (6)
- International Law (6)
- Rule of law (5)
- International Criminal Law (4)
-
- Judges (4)
- Law and Society (4)
- Comparative Law; Judges; Transnational Law (3)
- Courts (3)
- General Law (3)
- Human Rights (3)
- Politics (3)
- Public Law and Legal Theory (3)
- Caribbean Law (2)
- Constitutions (2)
- Crimes Against Humanity (2)
- Democratization of international law (2)
- Governance (2)
- Hate Speech (2)
- Human Dignity (2)
- Human Dignity in International Law (2)
- Human rights (2)
- Humanization of international law (2)
- International law (2)
- Judicial independence (2)
- Judicial reform (2)
- Jurisprudence (2)
- Justice (2)
- New Zealand constitution (2)
- Persecution (2)
- Publication Year
- Publication
-
- Michele Carducci Prof. (7)
- Amit Chhabra (2)
- Brian D Anderson (2)
- J.Benton Heath (2)
- Keith J. Bybee (2)
-
- The Hon Justice Matthew Palmer (2)
- Timur R. Korotkiy (2)
- Adonis E. Hoffman Esq. (1)
- Amartya Shrivastava (1)
- Centre Institute for Public Policy Research (CIPPR) (1)
- Christopher J. Walker (1)
- Curtis E.A. Karnow (1)
- Deborah M. Weissman (1)
- Douglas Antônio Rocha Pinheiro (1)
- Dr Nafees Ahmad (1)
- Dr. Rafał Mańko (1)
- Felipe Marín Verdugo (1)
- Jill Elaine Hasday (1)
- Jillian Blake (1)
- Justin Schwartz (1)
- Katherine Peterson (1)
- Mark J Calaguas (1)
- Matthew Hoisington (1)
- Michael D. Cooper, Esq. (1)
- Noah J Wald (1)
- Ondotimi Songi (1)
- Paul J Larkin Jr. (1)
- Paul R Rickert (1)
- Ryan S. Lincoln (1)
- Sohail Ahmed Ansari Advocate (1)
- File Type
Articles 1 - 30 of 49
Full-Text Articles in Rule of Law
Can The Commonwealth (Latimer House) Principles Of 2003 Serve As Aneffective Framework Forsafeguarding Democracy, Centre Institute For Public Policy Research (Cippr)
Can The Commonwealth (Latimer House) Principles Of 2003 Serve As Aneffective Framework Forsafeguarding Democracy, Centre Institute For Public Policy Research (Cippr)
Centre Institute for Public Policy Research (CIPPR)
The Latimer House Guidelines were written at the start of the new millennium some 11 years ago. After the Guidelines, other supporting documents have been churned out by the Commonwealth. The Guidelines present a framework for achieving separation of powers to enhance honesty, probity and accountability in government in Commonwealth countries. The outstanding question however is how well these guidelines do invoke Monsieur Baron de Montesquieu’s spirit in view of the current challenges faced by governments in Commonwealth countries? Do the guidelines present an effective framework for safeguarding democracy and the rule of law in the States concerned? These questions, …
Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys
Free Expression, In-Group Bias, And The Court's Conservatives: A Critique Of The Epstein-Parker-Segal Study, Todd E. Pettys
Todd E. Pettys
In a recent, widely publicized study, a prestigious team of political scientists concluded that there is strong evidence of ideological in-group bias among the Supreme Court’s members in First Amendment free-expression cases, with the current four most conservative justices being the Roberts Court’s worst offenders. Beneath the surface of the authors’ conclusions, however, one finds a surprisingly sizable combination of coding errors, superficial case readings, and questionable judgments about litigants’ ideological affiliations. Many of those problems likely flow either from shortcomings that reportedly afflict the Supreme Court Database (the data set that nearly always provides the starting point for empirical …
Theory Of Transparency: The Right To Know, Amartya Shrivastava Mr.
Theory Of Transparency: The Right To Know, Amartya Shrivastava Mr.
Amartya Shrivastava
Any governments functioning and merit is determined by the extent of faith and trust imposed by the governed citizens. This can be achieved by having maximum transparency a\of government working and functions. This can be acquired using various tools one which is the information legislation passed in the various countries. These legislations are a cause of mutual development, as it enables and empowers people. The true essence of democracy lies in empowering people as it is people’s rule. Thus, if we to understand democracy, we need to understand the government. Transparency is a decisive factor when it comes to accountability …
The Lost Due Process Doctrines, Paul J. Larkin Jr.
The Lost Due Process Doctrines, Paul J. Larkin Jr.
Paul J Larkin Jr.
In order to render manageable the doctrinal development of the Due Process Clause, the Supreme Court over the last fifty years has attempted to fit its decisions into one of two distinct categories: procedural requirements that the government must satisfy before depriving someone of life, liberty, or property, and substantive limitations on exactly what deprivations the government may accomplish. Unfortunately, neither the law nor life can be so easily classified. The Court has decided numerous cases that defy its recent attempts to divide Gaul into two parts, not three (or more). Several due process doctrines seem to have been isolated …
The Theory Of Law “As Claim” And The Inquiry Into The Sources Of Law. Bruno Leoni In Prospect, Daniele Bertolini
The Theory Of Law “As Claim” And The Inquiry Into The Sources Of Law. Bruno Leoni In Prospect, Daniele Bertolini
daniele bertolini
This paper presents a systematic analysis of the theory of law "as claim" through a critical review of Bruno Leoni’s work. I argue that this philosophical theory provides a useful methodological framework for the analysis of law-making processes. I also demonstrate how Leoni’s critique of legislation offers insights into the efficient institutional response to the growing demand for law that has emerged from the increasing complexity of contemporary societies — insights that are particularly relevant in an age characterized by continuing technological changes and profound social mutations that challenge the existing organization of the sources of law. Finally, I contend …
Syllabus-2014-Cclsaarcn-Monsoon Semester-Llm-Dna-Fls-Sau-Comparative Constitutional Law Of Saarc Nations, Dr Nafees Ahmad
Syllabus-2014-Cclsaarcn-Monsoon Semester-Llm-Dna-Fls-Sau-Comparative Constitutional Law Of Saarc Nations, Dr Nafees Ahmad
Dr Nafees Ahmad
The Constitutional Law is the part of the core curriculum that every student should study. The course aims to equip students for comparative analysis of major constitutional principles and institutions. In order to do so the course will introduce students into the methods of comparative constitutional law and comparative politics of constitution. It is hard to imagine functioning as a judge or jurist or lawyer etc. anywhere in the world without a basic knowledge of a nation’s charter of government and repository of individual rights. But South Asian University is a unique and rare concept that is unprecedented and has …
Should Domestic Courts Prosecute Genocide? Examining The Trial Of Efrain Rios Montt, Jillian Blake
Should Domestic Courts Prosecute Genocide? Examining The Trial Of Efrain Rios Montt, Jillian Blake
Jillian Blake
In a highly publicized 2013 case, Efraín Ríos Montt, the de facto leader of Guatemala from 1982–1983, was ordered to stand trial for genocide in Guatemala for the deaths of at least 1771 Ixil Mayan people during the most violent period of the country’s thirty-six-year-long civil war. The trial was historic; Ríos Montt became the first former head of state to be tried for genocide in his home country. This Article, using the Guatemalan trial as an example, asks: should domestic courts prosecute genocide? The Article argues that domestic prosecution of genocide is not inherently negative or positive, but could …
Justice Stewart Meets The Press, Keith Bybee
Justice Stewart Meets The Press, Keith Bybee
Keith J. Bybee
Among the Supreme Court Justices who have articulated distinctive views of free expression, Justice Potter Stewart alone placed particular emphasis on the First Amendment's protection of a free press. Drawing upon the lessons of history, the plain language of the Constitution, the political events of his day, and his own personal experience, Stewart argued that the organized news media should be considered an essential part of the checks-and-balances competition between the legislative, executive, and judicial branches of the federal government. Stewart’s emphasis on the special structural function of the established press placed him at odds with most of his colleagues …
The Place Of The Judiciary In The Constitutional Culture Of New Zealand, Matthew S. R. Palmer Qc
The Place Of The Judiciary In The Constitutional Culture Of New Zealand, Matthew S. R. Palmer Qc
The Hon Justice Matthew Palmer
New Zealand constitutional culture is dominated by the political branches of government: representative democracy and parliamentary sovereignty are perhaps the two most fundamental New Zealand constitutional norms. The judiciary has historically occupied an inferior, residual role with a relatively inaudible voice in constitutional dialogue. Against this context the paper explores the position of the judiciary in contemporary New Zealand constitutional culture. It concludes that it would take a striking judicial decision, consistent with public opinion, against government action, to invigorate popular support for the judicial branch of government. The normative prescription for the institutional health of the judicial branch is …
Assessing The Strength Of The Rule Of Law In New Zealand, Matthew S. R. Palmer Qc
Assessing The Strength Of The Rule Of Law In New Zealand, Matthew S. R. Palmer Qc
The Hon Justice Matthew Palmer
The rule of law is fundamental to New Zealand’s legal system but its content is inadequately understood and observed. This paper calls for the rule of law in New Zealand to be clarified, strengthened and applied. The article offers an essentialised conception of the rule of law that might cross ideological divides and assesses recent Acts of Parliament against that conception. Finally, the article comments on the place of the rule of law in New Zealand’s constitutional culture and calls for its strengthening by establishment of an independent means of assessing draft legislation for consistency with the rule of law.
Russia With “More Than Justice”, Yuliya Kostelova
Russia With “More Than Justice”, Yuliya Kostelova
Yuliya Kostelova
No abstract provided.
Critical Analysis And Case Study Of [Mmtc Vs. Sterlite Industries Pvt. Ltd.]- Role Of Arbitrators, Yashvardhan Rana
Critical Analysis And Case Study Of [Mmtc Vs. Sterlite Industries Pvt. Ltd.]- Role Of Arbitrators, Yashvardhan Rana
Yashvardhan Rana
Critical analysis and Case study of [MMTC vs. Sterlite Industries Pvt. Ltd.]. Supreme Court of India M.M.T.C. Limited - Versus- Sterlite Industries (India) Ltd. Decided on: 18 November, 1996 Equivalent citations: 1996 IXAD SC 25, 1997 AIHC 605, 1996 (2) ARBLR 705 SC Bench: J Verma, B Kirpal Facts: The agreement between the parties: An agreement was entered into on 14th December, 1993 between the petitioner and the respondent by which the respondent appointed the petitioner as a consignment agent for the storage, handling and marketing of continuous cast copper rods manufactured by the respondent. The agreement provided, in so …
International Law And Ungoverned Space, Matthew Hoisington
International Law And Ungoverned Space, Matthew Hoisington
Matthew Hoisington
Ungoverned spaces, strictly defined as “spaces not effectively governed by the state” exist all over the world, presenting particular difficulties to public international law, which is historically premised on sovereignty and state control. Examples of such spaces include cyberspace, south-central Somalia and the Federally Administered Tribal Areas along the Afghan-Pakistan border. These spaces destabilize the international system in novel ways—and they might also be dangerous. Many of the terrorism plots from the late twentieth and early twenty-first century emanated from “safe havens” afforded by ungoverned spaces. The lack of governance over certain spaces also raises concerns over development, including the …
Analyzing The Legitimacy Of The Liberation Tigers Of Tamil Eelam’S Rebellion Against The Sri Lankan State, Paul R. Rickert
Analyzing The Legitimacy Of The Liberation Tigers Of Tamil Eelam’S Rebellion Against The Sri Lankan State, Paul R. Rickert
Paul R Rickert
No abstract provided.
Internet Enhancement Of The Role Of Civil Society In Promoting The Rule Of Law In Transitional States, Brian D. Anderson, Howard N. Fenton Iii
Internet Enhancement Of The Role Of Civil Society In Promoting The Rule Of Law In Transitional States, Brian D. Anderson, Howard N. Fenton Iii
Brian D Anderson
The Internet has the potential to play a key role in the way civil society organizations promote the rule of law in transitional states. In many states several barriers stand in the way of utilizing the Internet for this purpose. Challenges that arise include technological deficits and poor infrastructure, socio-economic barriers, government hostility to open information, and civil society organizations unable to reach populations. With the development of new technologies, and increased openness of information, civil society organizations will be better positioned to embrace the use of the Internet to promote the rule of law by helping citizens receive information, …
Compiling Online Legal Information In Transitional States: Challenges And Opportunities, Brian D. Anderson
Compiling Online Legal Information In Transitional States: Challenges And Opportunities, Brian D. Anderson
Brian D Anderson
In transitional states, especially those developing systems of democratic governance, the creation of online, reliable, and accessible legal information systems is a critical component of good governance. When these databases are created, however, there are significant challenges that may arise to achieving a working and sustainable database. Once created, additional opportunities exist for creating better content, educating users, and enhancing the rule of law through open access to laws. This article will address some of the particular challenges and opportunities presented to transitional states when creating an online legal information system, specifically those involving political and social issues from gaining …
Weeds In The Gardens Of Justice?The Survival Of Hyperpositivism In Polishlegal Culture As A Symptom/Sinthome, Rafal Manko
Weeds In The Gardens Of Justice?The Survival Of Hyperpositivism In Polishlegal Culture As A Symptom/Sinthome, Rafal Manko
Dr. Rafał Mańko
After 1989, the Polish legal elites embraced a transform-ation discourse, presenting modern Polish legal history as a circular journey from Europe to the dystopia of “Communism” and back. As aconsequence, links with the state-socialist past are repressed from thecollective consciousness of the legal community and presented as post-Soviet “weeds” in the Polish gardens of justice. However, the repressedweeds return in the form of symptoms – legal survivals, which lawyerstend to ignore or conceal because they subvert the dominant ideologicalnarrative. In this paper, I focus on metanormative survivals of the So-cialist Legal Tradition in Poland which can all be brought under …
The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee
The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee
Keith J. Bybee
What do we talk about when we talk about gender imbalance on the bench? The first thing we do is keep track of the number of female judges. Once the data has been gathered, we then argue about what the disparity between men and women in the judiciary means. These arguments about meaning are not freestanding. On the contrary, I claim that debates over gender imbalance occur within the context of a broader public debate over the nature of judicial decisionmaking. I argue that this public debate revolves around dueling conceptions of the judge as impartial arbiter and as politically …
A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate
A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate
Sohail Ahmed Ansari Advocate
Violence against women is present in a variety of forms in Pakistan. From domestic abuse & sexual harassment to child marriages and honour killing; a range of anti-women atrocities are carried out. Pakistani women face systematic discrimination from the day they are born. The patriarchal mindset of society refuses to recognize them as human beings deserving of equality, human rights and justice. Unfortunately in some parts of Balochistan a brutal custom of justice prevails; where the women are treated as trading objects. They are being tried without hearing their cause. They are not allowed to plea their case. They are …
Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci
Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Idee Di Giustizia E Tradizioni Giuridiche, Prof. Michele Carducci
Idee Di Giustizia E Tradizioni Giuridiche, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Circolazione Coloniale Del Costituzionalismo, Prof. Michele Carducci
Circolazione Coloniale Del Costituzionalismo, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Semantica Storica Dei Formanti Giuridici, Prof. Michele Carducci
Semantica Storica Dei Formanti Giuridici, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
Zena Denise Crenshaw-Logal
On the first of each two day symposium of the Fogg symposia, lawyers representing NGOs in the civil rights, judicial reform, and whistleblower advocacy fields are to share relevant work of featured legal scholars in lay terms; relate the underlying principles to real life cases; and propose appropriate reform efforts. Four (4) of the scholars spend the next day relating their featured articles to views on the vitality of stare decisis. Specifically, the combined panels of public interest attorneys and law professors consider whether compliance with the doctrine is reasonably assured in America given the: 1. considerable discretion vested in …
Cash Or Credit: The Importance Of Financial Sector Stability In Rule Of Law Operations, Katherine E. Peterson
Cash Or Credit: The Importance Of Financial Sector Stability In Rule Of Law Operations, Katherine E. Peterson
Katherine Peterson
“Rule of Law” missions occur in a variety of circumstances, each mission differing from the last by location, context, extent of operations, participants, or a combination of all of these things and more. These operations can occur during, or immediately after, an armed conflict, intra- or interstate, a natural disaster, or other destabilizing or destructive event. The United States, international organizations, and other developed countries play a significant role in rebuilding these states so that they may one day achieve “Rule of Law.” The U.S. Military defines Rule of Law as “a principle of governance in which all persons, institutions …
What's Your Weirdest Case? Judges Answer Questions On The Courts
What's Your Weirdest Case? Judges Answer Questions On The Courts
Curtis E.A. Karnow
Section 1 answers scores of questions posed to the judges of the Superior Court by visiting school children. The questions concern how civil and criminal courts work, treatment of prisoners, what judges and lawyers do, and how one becomes a judge, among other topics. Section 2 collects a series of short essays on related subjects, as well as outlining the jury system, alternative dispute resolution, appeals, among other subjects, all in a format more suited to upper grade levels and adults. The paperback is availible through Amazon
Mapping Expansive Uses Of Human Dignity In International Criminal Law, J.Benton Heath
Mapping Expansive Uses Of Human Dignity In International Criminal Law, J.Benton Heath
J.Benton Heath
International criminal law (ICL) makes frequent reference to the concept of human dignity, which also plays a central role in human rights law. While many of these invocations occur in the context of torture and cruel treatment, a handful of cases have used human dignity more expansively to justify punishment for hate speech and other crimes. In this chapter, I argue that such expansive invocations of human dignity fill gaps in substantive criminal law, motivate tribunals toward broad interpretations of the law, may serve to 'trump' competing claims, and provide an argument for overcoming strict applications of the principle of …
Human Dignity At Trial: Hard Cases And Broad Concepts In International Criminal Law, J.Benton Heath
Human Dignity At Trial: Hard Cases And Broad Concepts In International Criminal Law, J.Benton Heath
J.Benton Heath
Broad and indeterminate invocations of human dignity play a sporadic but powerful role in the adjudication of international criminal law (ICL). Drawing on detailed case studies, I argue that the concept of dignity enables courts to fill gaps in the substantive criminal law, justify expansive interpretations, resolve conflicts between competing rights and values, and potentially overcome the requirements of strict legality. These features enable judges to reach important and sometimes morally compelling conclusions. But expansive uses of human dignity come into tension with rule-of-law principles, and they challenge the self-understanding of ICL as a regime of limited subject-matter jurisdiction. This …
Africa, Mark J. Calaguas
Africa, Mark J. Calaguas
Mark J Calaguas
The Africa Committee's contribution to the 2011 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.
A Recipe For Change: Constitutional Reform In Saint Lucia, Amit Chhabra, Damian Greaves
A Recipe For Change: Constitutional Reform In Saint Lucia, Amit Chhabra, Damian Greaves
Amit Chhabra
In spite of relative peace over the years in the English-speaking Caribbean, recent debate has centered on whether certain constitutional charters should be amended or replaced in their entirety. This movement presents the first major opportunity for these British Commonwealth nations to re-examine their governments’ parliamentary underpinnings so as to account for adequate protections of civil liberties and inter-branch checks; moreover, it is an opportunity to disallow “the law to become the hostage of history.” Too often, “constitutional reform” is cited as an essential course of action, whereas an expansion of the body of law and improvements in enforcement of …