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The rule of law under fire? / Raymond Wacks.

By: Wacks, Raymond [author.].Publisher: Oxford : Hart Publishing, Bloomsbury Publishing Plc, 2021Description: x, 167 pages.Content type: text Media type: unmediated Carrier type: volumeISBN: 9781509950584; 9781509950621; 9781509950607; 9781509950591.Subject(s): Rule of law | Law -- Political aspectsDDC classification: 340.11
Contents:
I. Dissecting the rule of law -- Philosophical foundations -- Legal theories -- From rhetoric to reason --II. The firing line -- The judiciary -- Administrative discretion -- Legalism -- Nationalism -- Populism -- Critical theory -- Libertarianism -- Communitarianism -- Authoritarianism -- Parliamentary sovereignty -- Emergencies -- Capitalism -- Globalisation -- Big tech -- Counter-terrorism -- Corruption -- III. Defending the rule of law.
Summary: "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"-- Provided by publisher.
Holdings
Item type Current library Class number Status Date due Barcode
Book House of Lords Library - Palace Dewey 340.11 WAC (Browse shelf(Opens below)) Available 021172

I. Dissecting the rule of law -- Philosophical foundations -- Legal theories -- From rhetoric to reason --II. The firing line -- The judiciary -- Administrative discretion -- Legalism -- Nationalism -- Populism -- Critical theory -- Libertarianism -- Communitarianism -- Authoritarianism -- Parliamentary sovereignty -- Emergencies -- Capitalism -- Globalisation -- Big tech -- Counter-terrorism -- Corruption -- III. Defending the rule of law.

"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"-- Provided by publisher.

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