The rule of law under fire?
著者
書誌事項
The rule of law under fire?
Hart, 2021
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注記
Includes bibliographical references (p. [152]-161) and index
内容説明・目次
内容説明
Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege?
In this timely and important book, Raymond Wacks examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. He then investigates 16 potential ideological, economic, legal, and institutional dangers to the rule of law. They range from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the 'war on terror', and the disquieting power of Big Tech. He also considers the enactment and enforcement in several countries of Draconian measures to curtail the spread of COVID-19, which has generated fears that these emergency powers may outlive the pandemic and become a permanent feature of the legal landscape, thereby impairing the rule of law.
Wacks identifies which issues among this extensive array pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.
目次
PART ONE
DISSECTING THE RULE OF LAW
1. Introduction
2. Philosophical Foundations
3. Legal Theories
4. From Rhetoric to Reason
PART TWO
THE FIRING LINE
5. The Judiciary
6. Administrative Discretion
7. Legalism
8. Nationalism
9. Populism
10. Critical Theory
11. Libertarianism
12. Communitarianism
13. Authoritarianism
14. Parliamentary Sovereignty
15. Emergencies
16. Capitalism
17. Globalisation
18. Big Tech
19. Counter-terrorism
20. Corruption
PART THREE
DEFENDING THE RULE OF LAW
21. Conclusion
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