The collapse of the Soviet Union and other Marxist regimes around the world seems to have left liberal democracy as the only surviving ideology, and yet many scholars of political thought still find l
The “rule of law” stands at the heart of the American legal system. But the rule of law does not require judges slavishly to follow the letter of the law, unaffected by political or social influences.
This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary vo
Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the co
Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the co
The "Issues in contemporary Chinese thought and culture" series was conceived in order to bring the thinking of "official" Chinese intellectuals--i.e., those committed to the system, even if seeking r
How has Russia's political elite struggled to build a federal system of government out of the rubble of the Soviet empire? This ground-breaking book examines the public debates, official documents, an
This edited volume explores the connection between the rule of law and substantive standards of treatment in international investment agreements. It also analyses to what extent these standards of tre
To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.
A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People.Populism is a threat to the democratic wor
This new book sets out to examine the relationship between culture and respect for human rights. It departs from the oft-made assumption that culture is closely linked to ideas about community. Inste
The United Nations Security Council has increasingly resorted to sanctions as part of its efforts to prevent and resolve conflict. In this 2007 book, Farrall traces the evolution of the Security Council's sanctions powers and charts the contours of the UN sanctions system. He also evaluates the extent to which the Security Council's increasing commitment to strengthening the rule of law extends to its sanctions practice. The book identifies shortcomings in respect of key rule of law principles and advances pragmatic policy-reform proposals designed to ensure that UN sanctions promote, strengthen and reinforce the rule of law. In its appendices United Nations Sanctions and the Rule of Law contains summaries of all 25 UN sanctions regimes established to date by the Security Council. It forms an invaluable source of reference for diplomats, policymakers, scholars and advocates.
Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary
