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Transition? To rule of law? : constitutionalism and transitional justice challenged in Central & Eastern Europe.
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ISBN: 9789639735446 9639735442 Year: 2007 Volume: 6 Publisher: Pomáz Kráter

The sovereignty of law
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ISBN: 9780521878876 9780521703857 052187887X 0521703859 9780511493706 1107183626 9786610959792 0511295901 1139133233 0511295111 0511493703 1280959797 0511294336 0511296657 9780511296659 9780511295904 9781107183629 9781280959790 661095979X 9781139133234 9780511295119 9780511294334 Year: 2007 Volume: 2006 Publisher: Cambridge Cambridge University Press

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Abstract

Recently, the role of courts has changed dramatically. Not only do courts now have to decide cases between parties, they also often have to choose between competing fundamental values. Judges may have to balance the potentially conflicting interests of human life and human dignity; freedom of speech and the right of privacy; or free trade and the protection of the environment. The courts may have to circumscribe freedom of religion, and decide when religious dress may be worn. With the non-specialist in mind, and starting from the basic notion of the rule of law, this book explores how judges can and should address such issues. Both the European Convention on Human Rights and the European Union often play a decisive role, and the book points out both the advantages and the difficulties posed by this. Above all, it seeks to promote a more informed debate.


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Les chemins de l'Etat de droit : la voie étroite des pays entre Europe et Russie
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ISBN: 9782724615753 2724615751 Year: 2014 Publisher: Paris : Presses de Sciences Po,

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Etude du politologue sur les éléments historiques, politiques et culturels qui participent ou freinent le développement de l'Etat de droit dans les pays de la CEI concernés par la politique européenne de voisinage de l'Union européenne. ©Electre 2015


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Rulers, religion, and riches
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ISBN: 1108165060 1108166679 1139568272 9781139568272 110703681X 1108400051 9781107036819 9781108400053 Year: 2017 Publisher: New York Cambridge University Press

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For centuries following the spread of Islam, the Middle East was far ahead of Europe. Yet, the modern economy was born in Europe. Why was it not born in the Middle East? In this book Jared Rubin examines the role that Islam played in this reversal of fortunes. It argues that the religion itself is not to blame; the importance of religious legitimacy in Middle Eastern politics was the primary culprit. Muslim religious authorities were given an important seat at the political bargaining table, which they used to block important advancements such as the printing press and lending at interest. In Europe, however, the Church played a weaker role in legitimizing rule, especially where Protestantism spread (indeed, the Reformation was successful due to the spread of printing, which was blocked in the Middle East). It was precisely in those Protestant nations, especially England and the Dutch Republic, where the modern economy was born.

Settling accounts
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ISBN: 1400822343 9786612753299 1282753290 1400811090 9781400811090 9781400822348 9780691016818 069101681X 9780691016825 0691016828 0691016828 069101681X Year: 1997 Publisher: Princeton, N.J. Princeton University Press

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As new states in the former East bloc begin to reckon with their criminal pasts in the years following a revolutionary change of regimes, a basic pattern emerges: In those states where some form of retributive justice has been publicly enacted, there has generally been much less of a recourse to collective retributive violence. In Settling Accounts, John Borneman explores the attempts by these aspiring democratic states to invoke the principles of the "rule of law" as a means of achieving retributive justice, that is, convicting wrongdoers and restoring dignity to victims of moral injuries. Democratic regimes, Borneman maintains, require a strict form of accountability that holds leaders responsible for acts of criminality. This accountability is embodied in the principles of the rule of law, and retribution is at the moral center of these principles. Drawing from his ethnographic work in the former East Germany and with select comparisons to other East-Central European states, Borneman critically examines the construction of categories of criminality. He argues against the claims that economic growth, liberal democracy, or acts of reconciliation are adequate means to legitimate the transformed East bloc states. The cycles of violence in states lacking a system of retributive justice help to support this claim. Invocation of the principles of the rule of law must be seen as a chance for a more democratic, more accountable, and less violent world.

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