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This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.
This volume demonstrates how to conduct case study research that is both methodologically rigorous and useful to development policy. It will interest scholars and students across the social sciences using case studies, and provide constructive guidance to practitioners in development and public administration.
Rule of Law Reform and Development stands out as an important contribution. Michael Trebilcock and Ronald Daniels have produced an ambitious, comprehensive, and persuasive book that will be of interest to both rule of law practitioners and academics. . . the book s overall strengths as a near-encyclopaedic appraisal of law and development will ensure its standing as a key resource for this still rapidly evolving field. Irina Ceric, Canadian Journal of Law and Society This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of...
Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.
First Published in 1993. This title sets out to spark debate and learn from the urban bias theory. The author suggests that recent political economy research suggests that it is time to redefine the problem of urban bias. Viewed as a collective engagement with the urban bias theory, this volume presents the new research along with the responses of Bates and Lipton. These studies do not add up to an alternative theory of why the state behaves the way it does towards the countryside. They do, however, point to the factors that need careful attention in future research. These papers can be seen as building blocks for the construction of an alternative theory of 'the state and agriculture'.
First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
Celebrates the life and work of Francis L. Nyalali who served as Chief Justice of Tanzania from 1976 and 1999 and is responsible for erecting an independent judicial system.
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional ...
Explains the strategies political parties use to extract money from the state and how these strategies shape government performance.