This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.
Comparative legal studies are at last commanding the thoughts of contemporary jurists� Alice ES Tay. Drawing on an impressive ancestry in comparative law, the 22 contributions in this volume by authors from Asia, Australia and Europe go further in their complex conception of law and culture. They look at the new principles and concepts of a transnational, global law in new, multiple contexts and in diverse juxtapositions with new institutions and authorities. In an unplanned but cohesive pattern the individual contributions together open a fresh vision of the use and value of comparative legal studies for the assessment of the function and limitations of the law of a global society.
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.
Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.
This Festschrift has attracted contributions from not only his colleagues, but also a number of world-renowned scholars, who wished to convey through their contributions their enormous respect for his scholarship, leadership and gentlemanly bearing. 'The Rule of Law: a Comparative Perspective' has been chosen the theme of this Festschrift because it is one of the most important topics in the area of constitutional and administrative law, about which Professor COORAY has researched and written extensively. Published by City University of Hong Kong Press. 香港城市大學出版社出版。
This book is the result of the first interdisciplinary conference in Vietnam which took place on "the Rule of Law." Instead of beginning immediately with a highly specialized debate from the perspective of one single academic discipline, we started to discuss numerous facets of the subject arising from a multidisciplinary dialogue. For this reason, the contributions for this publication come from various scientific disciplines in Vietnam and Germany: political, historical, social, economic and legal sciences, but also members of Vietnamese governmental and non-governmental organizations. The aim of the volume is to open up a dialogue about the Rule of Law between two very different legal cultures, the German-European and the Vietnamese-Southeast Asian.
This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.
Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.