In the last half century, the rule of law has increasingly been appealed to as a common global value. The Handbook on the Rule of Law analyses the appeal of this idea, its context and background through a range of questions about the character, history and global reach of the rule of law, offering readers a definitive understanding of this central global norm. Original contributions from leading academics explore the rule of law conceptually and historically through its associated institutions, as well as examining detailed cases evaluating how the everyday application of the rule of law impacts society as a whole. Exploring a wide range of research on the social, political and economic dimensions of the rule of law, this Handbook clearly illustrates the link between the rule of law and the global political system. This informative Handbook will be key reading for postgraduate students of international relations, global politics and law, as well as for legal scholars wanting to build upon their knowledge with a wider account of the rule of law. Researchers in areas impacted by the rule of law will also find this volume to be stimulating reading.
Bibliography, etc. Note
Includes bibliographical references.
Formatted Contents Note
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 / Jørgen Møller 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 international 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 Feinäugle 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 Schwöbel-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.