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Keywords: rule of law
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Chapter
No Golden Age: The Deep Origins and Current Utility of Western Counter-Terrorism Policy
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Conor Gearty
Published: 12 November 2015
... Lebanon terrorism counter-terrorism human rights rule of law civil liberties In this chapter I am concerned with how democratic states have responded to the supposed challenge posed to them, both individually and collectively, by terrorism. 1 My interest lies...
Chapter
Published: 12 November 2015
... with the argument that some of the measures designed to protect the public from terrorism pose a threat to constitutional government and to the rule of law. It notes that his readiness to accept that such dangers do indeed exist has been exceptional among Western political leaders and that reliance on secrecy...
Chapter
Epilogue: Judicial Independence: The Need for Constant Vigilance
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The Right Hon the Lord Thomas of Cwmgiedd
Published: 11 August 2022
...The position of the judiciary in the UK and elsewhere is undergoing an important evolutionary change brought about by factors such as the acceptance of the fundamental importance of the rule of law, the growth of judicial review, the use made of charters of rights, changes in the relationships...
Chapter
Published: 11 August 2022
...’ headline Trump Donald Biden Joseph Callaghan James Kerr Lord Koskenniemi Martti Thomas Lord of Cwmgiedd artificial intelligence Covid 19 pandemic Crisis Judicial Independence Rule of law Politics Separation of powers Democracy The idea for this book, and the British Academy...
Chapter
Theoretical Foundations of Liberal Order
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Casper Sylvest
Published: 08 August 2013
... liberals were apprehensive about democracy. Liberals were devoted to the rule of law and representative government but, for many, democracy raised the spectre of the tyranny of an uneducated and potentially debased majority. conflict human rights international relations liberal internationalism...
Chapter
Published: 11 August 2022
... the world. It then analyses how the authors defined and conceptualised judicial independence. It reflects upon the importance of an independent judiciary for the safeguarding of the rule of law and democracy. It concludes by identifying some conditions that can help us effectively address contemporary...
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The Rule of Law Across the World: A System in Crisis?
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Schona Jolly Qc
Published: 11 August 2022
...This chapter seeks to convey the multiple prongs of attack taking place on the rule of law, at both domestic and international level since 2020 alone. Whilst some such attacks are openly authoritarian, other attacks are hidden behind the law itself, proclaiming that they form part and parcel...
Chapter
Published: 11 September 2008
... of mutual help and cooperation, the language of European democrats and republicans. In the 20th century it was adopted by those jurists who deemed the consolidation of the rule of law and constitutional democracy intermediary and necessary steps towards a global legal order. Mazzini must be interpreted...
Chapter
Published: 10 June 2004
... justice and a particular concept of the rule of law, and ended with judicial constraints upon both the procedures and the substance of official decisions, justified by constitutional rights. Bibliography Books Allen, C. K. , Law in the Making (Clarendon Press, 1927 ). Allen...
Chapter
Published: 27 December 2007
... declarations to respect the rule of law and judicial independence. The lecture also stresses the importance of considering and re-asserting the principles that justify judicial independence, as well as the underlying concept of separation of powers. judicial independence constitutional changes ministers...
Chapter
Thesis and antithesis: To check or not to check the Judiciary
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Cristina E. Parau
Published: 15 November 2018
..., judicial independence, and the rule of law, the utility of which has stood the test of time, are compared to the theory and practice of the Network Community’s Judiciary institutional design Template. The Network conceives of the separation of powers, checks and balances, judicial independence...
Chapter
Identifying Dangers to Democracy: Fascism, the Rule of Law and the Relevance of History
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Stephen Skinner
Published: 11 August 2022
...This chapter discusses the crisis in the rule of law caused by populism and how historical understanding of Italian Fascism’s legal dimensions can help identify dangers to democracy today. The chapter reflects on some key interpretations of populism and its authoritarian tendencies. It shows...
Book
Judicial Independence Under Threat
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Dimitrios Giannoulopoulos (ed.) and Yvonne McDermott (ed.)
Published online: 19 January 2023
Published in print: 11 August 2022