"Between costly partisan judicial elections and a Supreme Court that appears frozen in an ideological 5-4 split, there has never been a more apt time to answer conclusively the question of whether jud
Historiography, Empire and the Rule of Law considers the intersection of these terms in the historical development of what has come to be known as the ‘rule of law’. The separation of governmental pow
We live in an age where one person's judicial "activist" legislating from the bench is another's impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential ele
This book provides a detailed analysis of the legal framework in which the energy trade between the European Union and the Russian Federation has been conducted. Using case studies of eight member sta
Colonial Justice in British India describes and examines the lesser-known history of white violence in colonial India. By foregrounding crimes committed by a mostly forgotten cast of European characters - planters, paupers, soldiers and sailors - Elizabeth Kolsky argues that violence was not an exceptional but an ordinary part of British rule in the subcontinent. Despite the pledge of equality, colonial legislation and the practices of white judges, juries and police placed most Europeans above the law, literally allowing them to get away with murder. The failure to control these unruly whites revealed how the weight of race and the imperatives of command imbalanced the scales of colonial justice. In a powerful account of this period, Kolsky reveals a new perspective on the British Empire in India, highlighting the disquieting violence that invariably accompanied imperial forms of power.
It was the trial of a century in colonial Hong Kong when, in 1931–33, Ho Chi Minh - the future President of Vietnam - faced down deportation to French-controlled territory with a death sentence dangling over him. Thanks to his appeal to English common law, Ho Chi Minh won his reprieve. With extradition a major political issue in Hong Kong today, Geoffrey C. Gunn's examination of the legal case of Ho Chi Minh offers a timely insight into the rule of law and the issue of extradition in the former British colony. Utilizing little known archival material, Gunn sheds new light on Ho Chi Minh, communist and anti-colonial networks and Franco–British relations.
'Simply, utterly brilliant. Bursting with humility and humanity' THE SECRET BARRISTER'A survival guide for the Trump era' GUARDIANBanned by Putin, fired by Trump. And now he's free to talk.Multi-milli
By the one-time federal prosecutor for the Southern District of New York, an important overview of the way our justice system works, and why the rule of law is essential to our society. Using case his
This book studies ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law. The book describes argumentative strategies used by Chinese legal scholars to legitimize and subvert China's state-sanctioned ideology. It also examines Chinese efforts to invent new, alternative rule of law conceptions. In addition to this descriptive project, the book advances a more general argument about the rule of law phenomenon, insisting that many arguments about the rule of law are better understood in terms of their intended and actual effects rather than as analytic propositions or descriptive statements. To illustrate this argument, the book demonstrates that various paradoxical, contradictory and otherwise implausible arguments about the rule of law play an important role in Chinese debates about the rule of law. Paradoxical statements about the rule of law, in particular, can be useful for an ideological project.
This book studies ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law. The book describes argumentative strategies used by Chinese legal scholars to legitimize and subvert China's state-sanctioned ideology. It also examines Chinese efforts to invent new, alternative rule of law conceptions. In addition to this descriptive project, the book advances a more general argument about the rule of law phenomenon, insisting that many arguments about the rule of law are better understood in terms of their intended and actual effects rather than as analytic propositions or descriptive statements. To illustrate this argument, the book demonstrates that various paradoxical, contradictory and otherwise implausible arguments about the rule of law play an important role in Chinese debates about the rule of law. Paradoxical statements about the rule of law, in particular, can be useful for an ideological project.
Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.
Excessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.
The central question of the Arab Spring—what democracies should look like in the deeply religious countries of the Middle East—has developed into a vigorous debate over these nations’ secular identiti
Today a quarter of all Chinese claim a major religious tradition, yet the state remains deeply concerned about religious activity. The West tends to view religion-and-state relations in China in bipol
This book addresses and analyses the rape sentencing regime in India, and demonstrates that despite law reform, the myths and stereotypes about rapists and rape victims that used to be embedded in the positive law of rape and/or in evidence law have, in many cases, merely shifted from the charging and trial stages to the sentencing stage. The book further argues that rape myths and stereotypes influence sentencing, leading to unwarranted disparity. It undertakes a theoretical examination of the purposes of punishment, the fundamentally overlapping nature of the stages of the criminal process, and the meaning of 'disparity'. The book sets forth what the sentencing guidelines for rape in India might provide, discussing factors that should be considered relevant and irrelevant in the sentencing of rape offenders. The underlying theme of the book is to bring the rule of law to criminal sentencing in India.
By the one-time federal prosecutor for the Southern District of New York, an important overview of the way our justice system works, and why the rule of law is essential to our society. Using case his
