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Edited by: Mark Arnold KC, Simon Mortimore KC
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Lawyers and the Rule of Law (eBook)


ISBN13: 9781509925223
Published: October 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £85.50
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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.

Subjects:
Constitutional and Administrative Law, English Legal System, eBooks
Contents:
1. Lawyers and the Rule of Law
PART 1: GOVERNMENT
2. Revolution
3. Constitution
4. Execution
5. Institution
PART 2: PRACTICE
6. Identity
7. Individuality
8. Legality
9. Morality
PART 3: PROFESSION
10. Organisation
11. Regulation
12. Representation
13. Incrimination
PART 4: FUTURES
14. Professionalism
15. Corporatocracy
16. Globalisation
17. Democracy
18. Epilogue