This study offers a theoretical framework for understanding how institutional instability affects judicial behavior under dictatorship and democracy. In stark contrast to conventional wisdom, the central findings of the book contradict some assumptions that only independent judges rule against the government of the day. Set in the context of Argentina, the study uses the tools of positive political theory to explore the conditions under which courts rule against the government. In addition to shedding light on the dynamics of court-executive relations in Argentina, the study provides general lessons about institutions, instability, and the rule of law. In the process, the study builds a set of connections among diverse bodies of scholarship, including US judicial politics, comparative institutional analysis, positive political theory, and Latin American politics.
The responsibility of any state is to protect its citizens. But if a state, either through omission or commission, fails to investigate and prosecute crime then what remedies do citizens have? Verónica Michel investigates procedural rights in Chile, Guatemala, and Mexico that allow citizens to call for the appointment of a private prosecutor to initiate criminal investigations. This right diminishes the monopoly of the state over criminal prosecutions and thus offers citizens a way of insisting on state accountability. This book provides the first full-length empirical study of how the victims' right to private prosecution can impact access to justice in Latin America, and shows how institutional and legal arrangements interact to shape the politics of criminal justice. By examining homicide cases in detail, Michel highlights how everyday legal struggles can help build the rule of law from below.
Global Constitutionalism argues that parts of international law can be understood as being grounded in the rule of law and human rights, and insists that international law can and should be interpreted and progressively developed in the direction of greater respect for and realization of those principles. Global Constitutionalism has been discussed primarily by European scholars. Yet without the engagement of scholars from other parts of the world, the universalist claims underlying Global Constitutionalism ring hollow. This is particularly true with regard to East Asia, where nearly half the world's population and a growing share of global economic and military capacities are located. Are East Asian perspectives on Global Constitutionalism similar to European perspectives? Against the background of current power shifts in international law, this book constitutes the first cross-cultural work on various facets of Global Constitutionalism and elaborates a more nuanced concept that fits
This book examines the doctrine of transgenerational punishment found in the Decalogue – the idea that God punishes sinners vicariously, extending the punishment due them to three or four generations of their progeny. Although a 'God-given' law, the unfairness of punishing innocent people in this way was clearly recognized in ancient Israel. A series of inner-biblical and post-biblical responses to the rule demonstrates that later writers were able to criticize, reject, and replace this doctrine with the notion of individual retribution. Supporting further study, it includes a valuable bibliographical essay on the distinctive approach of inner-biblical exegesis, showing the contributions of European, Israeli, and North American scholars. This Cambridge release represents a major revision and expansion of the French edition, L'Herméneutique de l'innovation: Canon et exégèse dans l'Israël biblique, nearly doubling its length with extensive content and offering alternative perspectives on
How do a legal order and the rule of law develop in a war-torn state? Using his field research in Sudan, the author uncovers how colonial administrators, postcolonial governments and international aid agencies have used legal tools and resources to promote stability and their own visions of the rule of law amid political violence and war in Sudan. Tracing the dramatic development of three forms of legal politics - colonial, authoritarian and humanitarian - this book contributes to a growing body of scholarship on law in authoritarian regimes and on human rights and legal empowerment programs in the Global South. Refuting the conventional wisdom of a legal vacuum in failed states, this book reveals how law matters deeply even in the most extreme cases of states still fighting for political stability.
How do a legal order and the rule of law develop in a war-torn state? Using his field research in Sudan, the author uncovers how colonial administrators, postcolonial governments and international aid agencies have used legal tools and resources to promote stability and their own visions of the rule of law amid political violence and war in Sudan. Tracing the dramatic development of three forms of legal politics - colonial, authoritarian and humanitarian - this book contributes to a growing body of scholarship on law in authoritarian regimes and on human rights and legal empowerment programs in the Global South. Refuting the conventional wisdom of a legal vacuum in failed states, this book reveals how law matters deeply even in the most extreme cases of states still fighting for political stability.
The use of indicators as a technique of global governance is increasing rapidly. Major examples include the World Bank's Doing Business Indicators, the World Bank's Good Governance and Rule of Law ind
The responsibility of any state is to protect its citizens. But if a state, either through omission or commission, fails to investigate and prosecute crime then what remedies do citizens have? Verónica Michel investigates procedural rights in Chile, Guatemala, and Mexico that allow citizens to call for the appointment of a private prosecutor to initiate criminal investigations. This right diminishes the monopoly of the state over criminal prosecutions and thus offers citizens a way of insisting on state accountability. This book provides the first full-length empirical study of how the victims' right to private prosecution can impact access to justice in Latin America, and shows how institutional and legal arrangements interact to shape the politics of criminal justice. By examining homicide cases in detail, Michel highlights how everyday legal struggles can help build the rule of law from below.
The use of indicators as a technique of global governance is increasing rapidly. Major examples include the World Bank's Doing Business Indicators, the World Bank's Good Governance and Rule of Law ind
President Obama was elected on an anti-war platform, yet targeted killings have increased under his command of the 'War on Terror'. The US thinks of itself as upholding the rule of international law a
In 1998, Indonesia exploded with both euphoria and violence after the fall of its longtime authoritarian ruler, Soeharto, and his New Order regime. Hope centered on establishing the rule of law, secur
This is the second of three volumes containing a report from the International Panel on Social Progress (IPSP). The IPSP is an independent association of top research scholars with the goal of assessing methods for improving the main institutions of modern societies. Written in accessible language by scholars across the social sciences and humanities, these volumes assess the achievements of world societies in past centuries, the current trends, the dangers that we are now facing, and the possible futures in the twenty-first century. It covers the main socio-economic, political, and cultural dimensions of social progress, global as well as regional issues, and the diversity of challenges and their interplay around the world. This particular volume covers topics such as democracy and the rule of law, violence and wars, international organizations and global governance, and media and communications.
This collection critically discusses the increasing significance of Asian States in the field of international investment law and policy. Consisting of contributions authored by a leading team of scholars and practitioners of international investment law, this volume contains analyses of both national and multilateral investment law rule-making in Asia, including a critical discussion of certain States' approaches to balancing the different tension between investment protection and the preservation of States' regulatory sovereignty. It also contains thematic chapters on cutting-edge developments which are of relevance to Asia as well as the global community, such as investors' obligations of due diligence, additional transparency in treaty-based investment arbitration responses by ASEAN member States to transboundary haze pollution, and the relevance of human rights obligations in international investment law. It also contemplates future possibilities for investor-State dispute settlem
One of the most influential works in the history of political theory, Aristotle's Politics is a treatise in practical philosophy, intended to inform legislators and to create the conditions for virtuous and self-sufficient lives for the citizens of a state. In this Companion, distinguished scholars offer new perspectives on the work and its themes. After an opening exploration of the relation between Aristotle's ethics and his politics, the central chapters follow the sequence of the eight books of the Politics, taking up questions such as the role of reason in legitimizing rule, the common good, justice, slavery, private property, citizenship, democracy and deliberation, unity, conflict, law and authority, and education. The closing chapters discuss the interaction between Aristotle's political thought and contemporary democratic theory. The volume will provide a valuable resource for those studying ancient philosophy, classics, and the history of political thought.
This book reviews the recent internal security challenges facing Pakistan. It is a timely and valuable addition to the literature on the subject of governance and the rule of law.
Human rights, equality, freedom of expression, privacy, the rule of law. These five ideas are vitally important to the way of life we enjoy today. The battle to establish them in law was long and diff
Over the past thirty years, a new form of conflict has ravaged Latin America's largest countries, with well-armed drug cartels fighting not only one another but the state itself. In Colombia, Mexico, and Brazil, leaders cracked down on cartels in hopes of restoring the rule of law and the state's monopoly on force. Instead, cartels fought back - with bullets and bribes - driving spirals of violence and corruption that make mockeries of leaders' state-building aims. Fortunately, some policy reforms quickly curtailed cartel-state conflict, but they proved tragically difficult to sustain. Why do cartels fight states, if not to topple or secede from them? Why do some state crackdowns trigger and exacerbate cartel-state conflict, while others curb it? This study argues that brute-force repression generates incentives for cartels to fight back, while policies that condition repression on cartel violence can effectively deter cartel-state conflict. The politics of drug war, however, make cond
Over the past thirty years, a new form of conflict has ravaged Latin America's largest countries, with well-armed drug cartels fighting not only one another but the state itself. In Colombia, Mexico, and Brazil, leaders cracked down on cartels in hopes of restoring the rule of law and the state's monopoly on force. Instead, cartels fought back - with bullets and bribes - driving spirals of violence and corruption that make mockeries of leaders' state-building aims. Fortunately, some policy reforms quickly curtailed cartel-state conflict, but they proved tragically difficult to sustain. Why do cartels fight states, if not to topple or secede from them? Why do some state crackdowns trigger and exacerbate cartel-state conflict, while others curb it? This study argues that brute-force repression generates incentives for cartels to fight back, while policies that condition repression on cartel violence can effectively deter cartel-state conflict. The politics of drug war, however, make cond
Processes of post-war reconstruction, peacebuilding and reconciliation are partly about fostering stability and adaptive capacity across different social systems. Nevertheless, these processes have seldom been expressly discussed within a resilience framework. Similarly, although the goals of transitional justice – among them (re)establishing the rule of law, delivering justice and aiding reconciliation – implicitly encompass a resilience element, transitional justice has not been explicitly theorised as a process for building resilience in communities and societies that have suffered large-scale violence and human rights violations. The chapters in this unique volume theoretically and empirically explore the concept of resilience in diverse societies that have experienced mass violence and human rights abuses. They analyse the extent to which transitional justice processes have – and can – contribute to resilience and how, in so doing, they can foster adaptive peacebuilding. This book
This timely volume explores the “dark side” of United Nations (UN) Peacekeeping in Africa: when rather than help establish a rule of law in the host country, they become perpetrators of crime. The wor
