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The Rule of Law
'A gem of a book ... Inspiring and timely. Everyone should read it' Independent'The Rule of Law' is a phrase much used but little examined.The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of?In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means.He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation.He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today.He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism.The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
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WROL (Without Rule of Law)
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Revisiting the Rule of Law
This Element offers an accessible introduction to theoretical writing on the rule of law for anyone who wants to understand more about how we think and write about this central idea of legal and political thought.Part 1, 'Approaching the Rule of Law', examines the methods through which the idea of the rule of law is typically approached by those who set out to theorise it.Part 2, 'Untangling the Rule of Law', asks whether it is possible to untangle the rule of law from the various contributions, companions, connections, conflations and controversies with which it tends to be associated.Part 3, 'Revisiting the Rule of Law', signals to new frontiers of rule of law thought by addressing the assumptions about legal form that shape its theoretical treatment, and by investigating what we know about the people who carry its burdens and benefit from its offerings.
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Lawyers and the Rule of Law
This book examines lawyers' contributions to creating and maintaining the rule of law, one of the pillars of a liberal democracy.It moves from the European Enlightenment to the modern day, exploring the role of judges, government lawyers, and private practitioners in creating, defining, and being defined by, the demands of modern society. The book is divided into 4 parts representing the big themes.The first part considers lawyers' contribution to the growth of constitutionalism, the second, the formulation of roles and identities, and the third the formation of values.The fourth part focuses on the challenges faced by lawyers and the rule of law in the past 50 years, the neoliberal period, and how they challenge both conceptions of lawyers and the rule of law.Each part is illustrated by defining events, from the execution of Charles I, through the Nuremberg Trials, to the insurrection by supporters of Donald Trump in January 2021. Although the focus is on England and Wales, parallel developments in other jurisdictions, Australia, Canada, New Zealand, and the USA, are considered.This allows analysis of lawyers' historical and contemporary engagement with the rule of law in jurisdictional systems based on the Common Law.Each chapter is thematic, but the passage through the book is broadly chronological.
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Rule of Law vs Majoritarian Democracy
What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy?What happens when the will of the people and the rule of law are at odds?Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas.But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health?What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power?With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes:- The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law;- The People: dealing with a set of problems around the notion of ‘people’ and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order;- Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people’s representation.
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The Rule of Law in Cyberspace
The rule of law in cyberspace currently faces serious challenges.From the democratic system to the exercise of fundamental rights, the Internet has raised a host of new issues for classic legal institutions.This book provides a valuable contribution to the fields of international, constitutional and administrative law scholarship as the three interact in cyberspace.The respective chapters cover topics such as the notion of digital states and digital sovereignty, jurisdiction over the Internet, e-government, and artificial intelligence.The authors are eminent scholars and international experts with a profound knowledge of these topics.Particular attention is paid to the areas of digital democracy, digital media and regulation of the digital world. The approach employed is based on a comparative perspective from Germany, the Netherlands, Italy, Portugal and Brazil.One particular focus is on how various legal systems are coping with increasing difficulties in the exercise ofdemocracy with regard to disinformation and hate speech.The roles of legislators, the judicial system and public administrations are analysed in the light of the latest cases, conflicts and technologies. In addition to this comparative approach, the book explores the evolution of rule of law in cyberspace and the upcoming new legal regimes in the European Union and Brazil.Special care is taken to offer a critical review of both the literature and the latest legal solutions adopted and being considered regarding the regulation of cyberspace from a constitutional and administrative perspective. Given its scope, the book will be of interest to researchers and scholars in the field of digital law whose work involves constitutional problems in cyberspace and/or practical problems concerning the regulation of social networks and online commerce.
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Expert Ignorance : The Law and Politics of Rule of Law Reform
Today, a transnational constellation of 'rule of law' experts advise on 'good' legal systems to countries in the Global South.Yet these experts often claim that the 'rule of law' is nearly impossible to define, and they frequently point to the limits of their own expertise.In this innovative book, Deval Desai identifies this form of expertise as 'expert ignorance'.Adopting an interdisciplinary approach, Desai draws on insights from legal theory, sociology, development studies, and performance studies to explore how this paradoxical form of expertise works in practice.With a range of illustrative cases that span both global and local perspectives, this book considers the impact of expert ignorance on the rule of law and on expert governance more broadly.Contributing to the study of transnational law, governance, and expertise, Desai demonstrates the enduring power of proclaiming what one does not know.This title is available as Open Access on Cambridge Core.
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Key Ideas in Law: The Rule of Law and the Separation of Powers
Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy. Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary.They have also placed strains on our unwritten constitution that have been unknown in modern times. The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government. Set against this backdrop, the book answers the following questions:- How accessible is the law and how does it avoid arbitrariness?- How is access to justice protected?- How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics?- How does our democracy enable majorities and protect minorities?
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