The Rule of Law in Japan: A Comparative Analysis systematically compares US and Japanese law across all major fields of legal practice taking into account their different civil/common law approaches a
Grounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences among the common and civil law concepts of the rule of law, and details how
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.
Archbishop Stephen Langton hoped with Magna Carta to realise an Old Testament, covenantal kingship in England. At the Charter's 800th anniversary, distinguished jurists, theologians and historians from five faith-traditions and three continents ask how Magna Carta's biblical foundations have mattered and still matter now. A Lord Chief Justice, a Chief Rabbi, a Grand Mufti of Egypt, specialists in eight centuries of law, scholars and advocates committed to the rule of law and to the place of religion in public life all come together in this testimony to Magna Carta's iconic power. We follow the Charter's story in the religious life of the UK, America and now Continental Europe, and reflections on religio-legal traditions far from the Common Law enrich the story. Magna Carta, Religion and the Rule of Law invites all religions to ask what contribution they themselves should make to the rule of law in today's secular, democratic polities.
Archbishop Stephen Langton hoped with Magna Carta to realise an Old Testament, covenantal kingship in England. At the Charter's 800th anniversary, distinguished jurists, theologians and historians from five faith-traditions and three continents ask how Magna Carta's biblical foundations have mattered and still matter now. A Lord Chief Justice, a Chief Rabbi, a Grand Mufti of Egypt, specialists in eight centuries of law, scholars and advocates committed to the rule of law and to the place of religion in public life all come together in this testimony to Magna Carta's iconic power. We follow the Charter's story in the religious life of the UK, America and now Continental Europe, and reflections on religio-legal traditions far from the Common Law enrich the story. Magna Carta, Religion and the Rule of Law invites all religions to ask what contribution they themselves should make to the rule of law in today's secular, democratic polities.
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.
Contributors to this volume examine how the legislative, executive and administrative arms of government have responded to issues concerning the rights and status of refugees and asylum seekers in five common law jurisdictions: the UK, Australia, Canada, the USA and New Zealand. Who and what determines the legislative agenda in this context? Is the legislative agenda driven by the legislators or by the executive? Where does the 'community' fit into this picture? Together the essays explain the international context for the responses of the jurisdictions, evaluate the responses from a human rights perspective and assess the integrity and coherency of legal responses as shown by their impact on the rule of law.
Important Buddhist scholars share their insights into the rule of Saint Benedict, revealing surprising common ground shared by the monastic traditions of Christianity and Buddhism. Reprint.
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both
This is a book about the internal dimension of the rule of law in the European Union. The EU is a community based on law which adheres to and promotes a set of values which are common between the Memb
This book compares the law on provisional measures of common law and civil law countries, the goal being to identify and compare their main advantages and disadvantages. The guiding concept is a well-
Since the mid-2000s, public opinion and debate in China have become increasingly common and consequential, despite the ongoing censorship of speech and regulation of civil society. How did this happen
One of the most common religious practices among medieval Eastern Christian communities was their devotion to venerating crosses and crucifixes. Yet many of these communities existed in predominantly
The chair of the non-profit, non-partisan public advocacy organization, The Common Good, discusses how dead rules and outmoded laws inhibit policy changes and paralyze officials and citizens and argue
Since the mid-2000s, public opinion and debate in China have become increasingly common and consequential, despite the ongoing censorship of speech and regulation of civil society. How did this happen
Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting human rights requires a delicate balancing act. In democracies, monitoring that balance typically falls to the courts. Courts and Terrorism examines how judiciaries in nine separate nations have responded, not just to the current wave of Al Qaeda threats, but also to narco-trafficking, domestic terrorism and organized crime syndicates. Terrorism is not a new phenomenon, and even though the reactions have varied significantly, common themes emerge. This volume discusses eleven case studies and analyzes the experiences of these various nations in their battles with terrorism to reveal the judicial quandary for democratic governance and the rule of law in the twenty-first century.
International relations scholars typically expect political communities to resemble one another the more they are exposed to pressures of war, economic competition and the spread of hegemonic legitimacy standards. However, historically it is heterogeneity, not homogeneity, that has most often defined international systems. Examining the Indian Ocean region - the centre of early modern globalization - Andrew Phillips and J. C. Sharman explain how diverse international systems can emerge and endure. Divergent preferences for terrestrial versus maritime conquest, congruent traditions of heteronomy and shared strategies of localization were factors which enabled diverse actors including the Portuguese Estado da India, Dutch and English company sovereigns and mighty Asian empires to co-exist for centuries without converging on a common institutional form. Debunking the presumed relationship between interaction and homogenization, this book radically revises conventional thinking on the evol
International relations scholars typically expect political communities to resemble one another the more they are exposed to pressures of war, economic competition and the spread of hegemonic legitimacy standards. However, historically it is heterogeneity, not homogeneity, that has most often defined international systems. Examining the Indian Ocean region - the centre of early modern globalization - Andrew Phillips and J. C. Sharman explain how diverse international systems can emerge and endure. Divergent preferences for terrestrial versus maritime conquest, congruent traditions of heteronomy and shared strategies of localization were factors which enabled diverse actors including the Portuguese Estado da India, Dutch and English company sovereigns and mighty Asian empires to co-exist for centuries without converging on a common institutional form. Debunking the presumed relationship between interaction and homogenization, this book radically revises conventional thinking on the evol
