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Handbook on the Rule of Law

Edited by: Christopher May, Adam Winchester

ISBN13: 9781786432438
Published: August 2018
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £231.00



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The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.

Subjects:
Public International Law
Contents:
Introduction - The Rule of Law in the Contemporary World Christopher May and Adam Winchester
Part I: Defining the Rule of Law
1. The advantages of a thin view Jorgen Moller
2. The Promise of a Thick View Adriaan Bedner
3. Difficulties with Measuring the Rule of Law Tom Ginsburg
4. The Rule of Law, Legal Pluralism, and Challenges to a Western-centric View: Some Very Preliminary Observations Peer Zumbansen
5. Arbitrary Power and the Ideal of the Rule of Law Martin Krygier with Adam Winchester
6. The Centrality of Predictability to the Rule of Law Christopher May
7. The Rule of Law in Inter-national Relations: Contestation despite Diffusion - Diffusion through Contestation Antje Wiener

Part II. The History of the Rule of Law
8. The Rule of Law: An Outline of its Historical Foundations Pietro Costa
9. Minimising Magna Carta and Modernising Exposition of the Rule of Law in the English Historical Constitution John Allison
10. Turning the Rule of Law into an English Constitutional Idea John Allison
11. The Rule of Law and the Rise of Capitalism Tor Krever

Part III: Institutions of the Rule of Law
12. The Rule of Law and its Application to the United Nations Clemens Feinaugle
13. Power Rules: The World Bank, Rule of Law Reform, and the World Development Report 2017 Deval Desai
14. The Rule of Law and the European Union Amichai Magen and Laurent Pech
15. Non-governmental Organisations and the Rule of Law: The Experience of Latin America Fiona Macaulay; 16. Lawyers and the Rule of Law David Howath
17. The Rule of Law and Legal Education: Do They Still Connect? John Flood

Part IV: Contextualising The Rule of Law
18. The Rule of Law, New Constitutionalism, and Transnational Legality Claire Cutler
19. Global Administrative Law Valentina Vadi
20. The Rule of Law and Feminism. The Dilemma of Differences Anna Loretoni
21. The Rule of Law and Islam Jerg Gutmann and Stefan Voigt
22. The Rule of Law and Human Rights Mona Rishmawi

Part V: Applying the Rule of Law
23. The Rule of Law From a Law and Economics Perspective Mariana Mota Prado
24. The Rule of Law, Institutions, and Economic Development Lydia Brashear Tiede
25. The Legal Empowerment of the Poor Dan Banik
26. The Rule of Law as a Marketing Tool: The International Criminal Court and the Branding of Global Justice Christine Schwoebel-Patel
27. The Rule of Law and Terrorism Clive Walker
28. Post-conflict Peacebuilding and the Rule of Law Teresa Almeida Cravo
29. Rule of Law in Asia: The Case of China Tom Kellogg 30. Court Development in Timor-Leste: `Handover' and its Long Shadow Pip Nicholson and Samantha Hinderling

Index