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Judges Against Justice: On Judges When the Rule of Law is Under Attack de Hans Petter Graver

Judges Against Justice: On Judges When the Rule of Law is Under Attack

Autor Hans Petter Graver
en Limba Engleză Paperback – 22 sep 2016
This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
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Specificații

ISBN-13: 9783662525944
ISBN-10: 3662525941
Pagini: 311
Ilustrații: X, 301 p.
Dimensiuni: 155 x 235 x 17 mm
Greutate: 0.44 kg
Ediția:Softcover reprint of the original 1st ed. 2015
Editura: Springer Berlin, Heidelberg
Colecția Springer
Locul publicării:Berlin, Heidelberg, Germany

Cuprins

The Judicial Role and the Rule of Law.- Part One: The War of Law: State Repression and the Rule of Law.- Repression of the Judiciary.- Judicial Acceptance of Oppression.- The Opposition.- Part Two: Holding Judges Responsible for Injustice: The Argument for Criminal Liability.- The Condition of Illegality under International Law.- The condition of Illegality and Failed Usurpations.- The Condition of Illegality in Transitional Settings.- Judges in Special Courts.- Justification of Judicial Oppression.- A Special Immunity for Judges?.- Holding Judges Responsible.- Part Three: The Moral Side of Judging: The Positivism Thesis.- What Positivism?.- Alternative approaches to Legal Interpretation.- Beyond Legal Theory as Explanation.- The Lesser Evil.- Judges for Justice.

Recenzii

“Concerned with the role and behaviour of judges in developed “western” states during tyranny and authoritarian rule, including certain instances of occupation. … the book deserves a wider audience. In particular it should be of interest to lawmakers, judges and others concerned with preventing new instances of oppression, and everybody else interested in the role of judges in times of existential threats to society.” (Terje Einarsen, Nordic Journal of Human Rights, Vol. 34 (3), 2016)

Textul de pe ultima copertă

This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happens when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?

Caracteristici

Guidance on how to diminish judicial cooperation in oppression Close-up tour of judges in their complicity with bad legal regimes First comprehensive treatment of criminal liability for judges for upholding wicked laws Addresses judges who experience oppressive legislation as a challenge to their conscience Includes supplementary material: sn.pub/extras