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Power to the People
Self-described populist leaders around the world are dismantling their nation's constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. Context and detail matter. Power to the People offers a thin definition of constitutionalism that people from the progressive left to the conservative right should be able to agree on even if they would supplement the thin definition within other more partisan ideas. This is followed by a similarly basic definition of populism. Comparing the two, this book argues that one facet of populism -its su...
Towering Judges
This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.
Human Rights and Populism
For decades, framing an issue as a ‘human rights’ issue carried certain power and effect in politics and international relations, one that has been challenged by the recent rise of populist political forces. Ford explores the recent impact of populist politics on the universalist human rights project, in particular, how scholars have framed and responded to this challenge. Ford offers a provocation to the human rights movement. Rather than ‘what have populists done to human rights?’, it asks ‘how did we, the human rights movement, do this to ourselves?’ How did fundamental protections for all become so easily scapegoated as ‘us and them,’ as claims of small, often foreign, mi...
Judicial Activism in an Age of Populism
This book explores the range of meanings attributed to the terms ‘judicial activism’ and ‘populism’ in contemporary times and examines the potential interplay between these two phenomena. Drawing upon various political examples, it discusses the implication of populist movements for democratic institutions, policies, and processes. The chapters in this volume examine the impact of populism on judicial decision-making in various socio-cultural contexts. The contributing authors explore the implications of populist beliefs, including those which promote anti-democratic perspectives, on the integrity, independence, and the role of the judiciary in a democratic society. This volume offers unique international perspectives on the concern that populist initiatives may be and continue to be a threat to democratic foundational values and principles. Judicial Activism in an Age of Populism will be a beneficial read for students of Politics, Sociology, Public Administration and Management, and Law and Society. It was originally published as a special issue of The International Journal of Human Rights.
The Oxford Handbook of International Law in Europe
This handbook provides a comprehensive account of how international law is understood and practiced in Europe, which is defined for the purposes of the book as Council of Europe countries, in the past and in the present. It is separated into parts covering Europe's values, intellectual traditions, and institutions, as well as examinations of European countries and regions. A diverse group of leading scholars and practitioners of international law are led by three overarching focus points: the success and failures of the pacifying effect of international law, the diversity of international legal experiences and traditions within Europe, and the impact of European ideas on international law globally. By examining these areas, the book also analyses Europe's changing role in the world, and the impact of global influences on the understanding of international law in European countries. The book is a study of regionalism in international law, but also a study of the impact of a region which, at least historically, has had an overwhelming influence on the development and interpretations of international law.
Asian Discourses of Rule of Law
Rule of law, one of the pillars of the modern world, has emerged in Western liberal democracies. This book considers how rule of law is viewed and implemented in the different cultural, economic and political context of Asia.
Law and Development of Middle-Income Countries
In 1960, there were 101 middle-income countries. By 2008, only thirteen of these had become high-income countries. Why do so many middle-income countries fail to develop after a promising start, becoming mired in the so-called middle-income trap? This interdisciplinary volume addresses the special challenges that middle-income countries confront from both a theoretical and a practical perspective. It is the first volume that addresses law and development issues in middle-income countries from the perspective of political, administrative and legal institutions and policies. The goal is to provide international development agencies and domestic policy makers with feasible recommendations to address the wide range of technically, politically and socially complex issues that middle-income countries face.
Abortion Rights Backlash
Reproductive rights are fundamental for the life, freedom, health, and safety of over half the world's population. Yet reproductive freedoms are under attack worldwide, even where women have achieved political rights and workplace participation. According to the World Health Organization, about a third of pregnancies end in abortion--but about half of abortions are unsafe, resulting in tens of thousands of deaths each year. Why are abortion rights backsliding, even in developed democracies? Why do some modern societies progress toward reproductive freedoms, while others regress or stagnate? And what can the struggle for reproductive rights teach us about broader movements for human rights an...
The Epoch of Universalism 1769–1989 / L’époque de l’universalisme 1769–1989
2019 witnessed the 30th anniversary of the German reunification. But the remembrance of the fall of the Berlin Wall coincided with another event of global importance that caught much less attention: the 250th anniversary of Napoleon Bonaparte’s birth. There is an undeniable historical and philosophical dimension to this coincidence. Napoleon’s appearance on the scene of world history seems to embody European universalism (soon thereafter in the form of a ‘modern’ imperial project); whilst scholars such as Francis Fukuyama saw in the events of 1989 its historical fulfilment. Today, we see more clearly that the fall of the Berlin Wall stands for an epistemic earthquake, which generated...
Democracies and International Law
Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.
