d the rule of law wider conceptions

... addition, Donald Kommers of the University of Notre Dame, Gerard Braunthal of the University of Massachusetts, and Peter Euben of the University of California at Santa Cruz all read parts of the ... of institutional devices designed to limit power The most common and the most important of these devices, or "the sacred maxim of free government," in the words of The Federalist Papers, is the ... reason" and Plato's suggestion that governments may be adjudged by the degree of their conformity with the demands of reason Of course, any attempt to discern the precise content of the fixed principles...

Ngày tải lên: 30/03/2014, 01:20

... culture tend to lead back to the mistakes of the LDM and the idea of the lawyer as “social engineer.” The use of the term “legal culture” has at least encouraged the idea that laws need a kind of “glue” ... Page of 43 2.2 Law and Development Part 2: The “New” Law and Development Movement Despite these issues which, sparked by TG’s article, led to The Decade of Disillusion”42 with law and development ... from them as needed according to established procedures; d) conflicts in the application of the rules can be resolved through binding decisions of an independent judicial or arbitral body; and e)...

Ngày tải lên: 22/03/2014, 21:20

... aspects of the initial law school experience and of the change required of law students during their initiation into the legal arena The detailed discussions to follow provide more of the subtleties ... finds himself explaining to the class that actually the defendant (the doctor) asked the judge to reduce the damages, that he “asked” the judge by filing something called a motion, and that the ... that the construction of some kinds of identity and effacing of others is a fundamental aspect of the power of the law in the present as well as the past.”120 We see this dynamic in the law school...

Ngày tải lên: 10/12/2013, 13:15

... words, the people is the ultimate foundation of the legal order, its final ground and centre of imputation Everything then boils down to the question of how the FCC understands this role of the ... for law and legal theory because it acknowledges the necessity of knowledge of identity, of oneself for legal discourse.17 In other words, the importance of phenomenology for law and legal theory ... affecting the common rules adopted on the basis of Article€84(2) of the Treaty, that would jeopardise the attainment of the objective pursued by those rules, and would thus prevent the Community...

Ngày tải lên: 18/02/2014, 11:20

... practice they tend to boil down to two: either judges are in dereliction of their duty to uphold the rule of law or, on the contrary, they are doing precisely what their duty to uphold the rule of law ... or alleged, should be governed by the rule of law My conception of the rule of law is substantive: the rule of law is a rule of fundamental constitutional principles which protect individuals from ... beyond the jurisdiction of the federal courts These individuals are not detained because the US government refuses to deport them to face torture Indeed, the government of the United States has deported...

Ngày tải lên: 07/03/2014, 02:20

... practice they tend to boil down to two: either judges are in dereliction of their duty to uphold the rule of law or, on the contrary, they are doing precisely what their duty to uphold the rule of law ... or alleged, should be governed by the rule of law My conception of the rule of law is substantive: the rule of law is a rule of fundamental constitutional principles which protect individuals from ... beyond the jurisdiction of the federal courts These individuals are not detained because the US government refuses to deport them to face torture Indeed, the government of the United States has deported...

Ngày tải lên: 07/03/2014, 02:20

... vivid reminder of the fragility of political ascendancy Nehru believed that the Constitution had codified the governing principles of the new State, and faithful adherence to them would ensure their ... the slaveholding states were defeated on the basis of the same sort of claims made by supporters of the dismissed of cials in India to counter the secularisminspired moves of the Indian government ... would come under if they were of the people, and if they shared directly in the consequences of our social evils and in the adverse feeling and sense of incongruity they create In regard to the...

Ngày tải lên: 16/03/2014, 03:20

... advice on the law and procedure involved in removing Kadir Salleh from the board One of you should play the role of the client (Thomas Shapiro) and the other the role of the lawyer The person ... Understand and be capable of explaining the practice and procedure of shareholders’ meetings Be aware of the roles of the of cers of a company Draft company documentation to appoint a further director ... role-playing the negotiation between Travelgraph’s lawyer and Kadir Salleh’s lawyer One of you should play the role of Travelgraph’s lawyer and the other the role of Kadir Salleh’s lawyer Decide between...

Ngày tải lên: 23/03/2014, 06:20

... and useful And I would predict that any reader who opened it not expecting to be persuaded of the virtues of the approach described and advocated by Dr Veljanovski would soon be reading avidly, ... avoidance to the claimant and defendant compared with the expected damages Indeed, a US court decision by Judge Learned Hand explicitly formulates the standard of care in these terms According to the ... law students Under the Hand Test the defendant is more likely to be found in breach of his duty if the costs of care are low, the risks of injury high and the severity of the injuries, should...

Ngày tải lên: 07/07/2014, 18:21

... quyền cách hành xử Rule of Law Sự tiến triển yếu Rule of Law Anh đồng thuận Vua John Magna Carta vào tháng năm 1215 Và chỉnh sửa hiến chương vĩ đại xác nhận vào năm 1297 Vua Edward I đặt văn kiện ... ràng buộc luật Đến đầu kỷ 19, Rule of Law nguyên tắc pháp lý d n đường cho phát triển d n chủ Mỹ Tuy nhiên, thực tế trị thời điểm không phát huy nghĩa từ Rule of Law Xã hội phương Tây Mỹ tràn ... vòng 50 năm trở lại, khái niệm Rule of Law trở nên đào sâu cách chắn định nghĩa rộng khắp Việc sử d ng cụm từ d ờng lúc nơi việc bàn luận nhà nước tốt Và Rule of Law đánh điều kiện tiên để đạt...

Ngày tải lên: 22/07/2014, 23:20

... beyond the jurisdiction of the federal courts These individuals are not detained because the US government refuses to deport them to face torture Indeed, the government of the United States has deported ... or alleged, should be governed by the rule of law My conception of the rule of law is substantive: the rule of law is a rule of fundamental constitutional principles which protect individuals from ... constitutional duty to uphold the rule of law even, perhaps especially, in the face of indications from the legislature or the executive that they are trying to withdraw from the rule- of- law project Indeed,...

Ngày tải lên: 05/08/2014, 13:20

... practice they tend to boil down to two: either judges are in dereliction of their duty to uphold the rule of law or, on the contrary, they are doing precisely what their duty to uphold the rule of law ... tempted to infer that the dismal judicial record comes about because judges are in dereliction of their duty to uphold the rule of law: judges simply fold in the face of executive claims, whether ... President Security statutes enacted as the political crisis of South Africa worsened provided for indefinite detention and shielded the conditions of detention from the scrutiny of lawyers and courts...

Ngày tải lên: 05/08/2014, 13:20

... when they had the opportunity to stand up for the rule of law, they decided to take the path of South Africa’s Appellate Division during apartheid, or of the majority of the House of Lords during ... understanding why the majority should have decided differently, the dissents point to the moral resources of the law that judges and lawyers can draw upon when the rule of law is again put under ... that there is clear legislative authorization for of cials; what they in the name of the law must also comply with the rule of law Rule by law and the rule of law are for Dicey two sides of the...

Ngày tải lên: 05/08/2014, 13:20

... realized They are thus forced to try to make the legal order in which they find themselves conform as far as possible to their understanding of law and the rule of law. 3 These judges are committed ... suggested that the majority, since they found the statute invalid accepted the same principle, whether or not they answered ‘no’ to the question whether the validity of the Act depended upon proof ... because the resource offered them by the text of the division of powers constitution enabled them to avoid confronting the real basis of their argument They thus avoided the basis for the only solid...

Ngày tải lên: 05/08/2014, 13:20

... public of cials beyond the reach of the rule of law And that is because the constitutional positivist does not really regard those of cials as beyond the reach of the rule of law as long as their ... Second, there is the assumption that judges should have, as Wade says, the ‘last word’ when it comes to interpretation of the law On Dicey’s and Wade’s conception of the rule of law, judges enforce ... that used in Hickman’s case is to expand the legal validity of the acts done and the decisions made by decision makers The result is to give decision makers wider lawful operation for their decisions...

Ngày tải lên: 05/08/2014, 13:20

... under the guise of the rule of law However, this view of the rule of law departs dramatically from the rationale that has been offered down the centuries for its virtue – that the rule of law ... away from the rule of law Their purely instrumental conception of law had the result that they had little to say from the perspective of law or the rule of law about the fact that rule by law was ... judgment conceded, e could have decided the case on the ground of bias.36 But had the Supreme Court overturned the decision solely on the ground of bias, the message it would have sent to the executive...

Ngày tải lên: 05/08/2014, 13:20

... to the security field because of the veil of secrecy the executive draws there There the law, or the rule of law, has ‘nothing to contribute’ In the ‘conflict between secrecy and the rule of law ... accepted by the United Kingdom The committee works under the direction of a Legal Adviser and it is important to know that the first adviser, David Feldman, and the second and present adviser, ... Parliament can overrule them, the courts decide what their role is, and the principles they then formulate to express their role are called the law. ’71 But this law, or the rule of law, he seems to...

Ngày tải lên: 05/08/2014, 13:20

... rule of law Such judges will understand that their duty is to uphold the values of the rule of law, the constitution of law itself So I will now return to the more abstract themes canvassed in the ... chapters and 3, I briefly discussed the decision of the House of Lords in December 2004 which seems to show that judges in the United Kingdom have put a rule- of- law spine into the adjudication of national ... mere rule by law, with none of the substance of the rule of law This aspect is demonstrated in Lord Hoffmann’s equation of human rights with the values of the common law constitution The result of...

Ngày tải lên: 05/08/2014, 13:20

... ambiguity in the idea of the rule of law between, on the one hand, the rule of law, understood as the rule of substantive principles, and, on the other, rule by law, where as long as there is a ... respond to the claim that there is a difference between the rule of law and the arbitrary rule of men, the kind of claim which drives aspirational conceptions of the rule of law, such as the common ... influential discussion of the rule of law of the last thirty years is Joseph Raz’s The Rule of Law and Its Virtue’.105 Raz argues that the virtue of the rule of law is like the virtue of a knife.106 The...

Ngày tải lên: 05/08/2014, 13:20

... significant elements of a rule- of- law regime The logic of rule by law requires elements of the rule of law, for example, review by independent, judge-like of cials of the decisions of public of cials in ... part of the rule- of- law project And without such furniture, the role of judges in upholding the rule of law in times of stress is confined to what I described in chapter as the judge as weatherman ... the rule of good law 233 order to ensure that the of cials have stayed within the limits of their legal authority Such compliance with the rule of law is not required as a kind of moral addition...

Ngày tải lên: 05/08/2014, 13:20