Hardback
Handbook on the Rule of Law
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.
More Information
Critical Acclaim
Contributors
Contents
More Information
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.
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.
Critical Acclaim
‘A Handbook such as Elgar’s will surely assist an interdisciplinary approach, urgently necessary in the growing demand for worldwide, legitimate fair justice services and will assist in the urgent demand to speed up economic development is some parts of the world and to assist in the rebuilding of conflict-affected areas, and to bring a human rights focus to countries at war.’
– Sally Ramage, The Criminal LAWYER
‘This is the most interesting collection I have read on the rule of law in a while. It covers the usual rule of law themes, but goes beyond that to include a broad and diverse range of additional topics and perspectives. The essays are sophisticated and engaging, written by knowledgeable authors, taking up historical as well as contemporary issues. This is well worth reading.’
– Brian Tamanaha, Washington University, School of Law, US
‘This excellent compilation provides a comprehensive inquiry into the rule of law in the contemporary times. May and Winchester have produced the reference for anyone interested in understanding the complex workings and multi-dimensional impacts of this ubiquitous term.’
– Susanne Soederberg, Queen’s University, Canada
– Sally Ramage, The Criminal LAWYER
‘This is the most interesting collection I have read on the rule of law in a while. It covers the usual rule of law themes, but goes beyond that to include a broad and diverse range of additional topics and perspectives. The essays are sophisticated and engaging, written by knowledgeable authors, taking up historical as well as contemporary issues. This is well worth reading.’
– Brian Tamanaha, Washington University, School of Law, US
‘This excellent compilation provides a comprehensive inquiry into the rule of law in the contemporary times. May and Winchester have produced the reference for anyone interested in understanding the complex workings and multi-dimensional impacts of this ubiquitous term.’
– Susanne Soederberg, Queen’s University, Canada
Contributors
Contributors: J.W.F. Allison, T. Almeida Cravo, D. Banik, A. Bedner, P. Costa, T.A. Cravo, A.C. Cutler, D. Desai, C.A. Feinäugle, J. Flood, T. Ginsburg, J. Gutmann, S. Hinderling, D. Howath, T.E. Kellogg, T. Krever, M. Krygier, A. Loretoni, F. Macaulay, A. Magen, C. May, J. Møller, P. Nicholson, L. Pech, M.M. Prado, M. Rishmawi, C. Schwöbel-Patel, L.B. Tiede, V. Vadi, S. Voigt, C. Walker, A. Wiener, A. Winchester, P. Zumbansen
Contents
Contents:
Introduction
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 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
J.W.F. Allison
10. Turning the Rule of Law into an English Constitutional Idea
J.W.F. 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
A. 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
Thomas E. Kellogg
30. Court Development in Timor-Leste: ‘Handover’ and its Long Shadow
Pip Nicholson and Samantha Hinderling
Index
Introduction
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 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
J.W.F. Allison
10. Turning the Rule of Law into an English Constitutional Idea
J.W.F. 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
A. 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
Thomas E. Kellogg
30. Court Development in Timor-Leste: ‘Handover’ and its Long Shadow
Pip Nicholson and Samantha Hinderling
Index
