scholarly journals Reproductive Politics in Twentieth-Century France and Britain

2019 ◽  
Vol 63 (2) ◽  
pp. 117-133 ◽  
Author(s):  
Jesse Olszynko-Gryn ◽  
Caroline Rusterholz
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
News Media ◽  
Comparative Approach ◽  
Special Issue ◽  
Reproductive Politics ◽  
The Rule Of Law ◽  
Medical News ◽  
National Boundaries ◽  
Flow Of Information

This special issue adopts a comparative approach to the politics of reproduction in twentieth-century France and Britain. The articles investigate the flow of information, practices and tools across national boundaries and between groups of experts, activists and laypeople. Empirically grounded in medical, news media and feminist sources, as well as ethnographic fieldwork, they reveal the practical similarities that existed between countries with officially different political regimes as well as local differences within the two countries. Taken as a whole, the special issue shows that the border between France and Britain was more porous than is typically apparent from nationally-focused studies: ideas, people and devices travelled in both directions; communication strategies were always able to evade the rule of law; contraceptive practices were surprisingly similar in both countries; and religion loomed large in debates on both sides of the channel.

The Village Courts in Bangladesh

2017 ◽  
Author(s):  
Tobias Berger
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
Colonial Administration ◽  
The Rule Of Law ◽  
Complex Processes ◽  
Local Institution ◽  
International Donor ◽  
Donor Agencies ◽  
Historical Trajectory ◽  
The Village

This chapter embeds contemporary translations of ‘the rule of law’ in their historical trajectory. It reveals how the introduction of village courts by the colonial administration at the dawn of the twentieth century and current efforts by international donor agencies to activate these village courts follow strikingly similar logics. The village courts are therefore neither an exclusively global imposition nor an ostensibly local institution; instead, they have emerged in complex processes of translation in which the global and the local have become inseparably intertwined. Having reconstructed this historical trajectory, the chapter also provides a brief overview of Bangladesh’s recent political history and maps the country’s contemporary legal landscape.

scholarly journals Judicial authority, legitimacy and the (international) rule of law as essentially contested and interpretive concepts: Introduction to the special issue

2021 ◽  
Vol 10 (1) ◽  
pp. 75-90
Author(s):  
KNUT TRAISBACH
Keyword(s):  
Rule Of Law ◽  
Special Issue ◽  
Ronald Dworkin ◽  
Final Point ◽  
The Rule Of Law ◽  
Trade Offs ◽  
Judicial Authority ◽  
International Rule

AbstractBeyond setting the stage, the Introduction makes three claims about the conceptual triangle of the rule of law, judicial authority and legitimacy. The first is that all three are essentially contested and interpretive concepts in the sense of Walter B. Gallie and Ronald Dworkin. In their expositions, the contested and interpretative nature of such concepts is nothing to be ‘solved’, rather the formulation of different conceptions and contestation about them are central functions of such concepts. The interpretive and essentially contested nature points us to the relevant ‘actors’ and to conflicts and trade-offs between contested competencies. Thus the second point is that arguments about the rule of law and judicial legitimacy are often a means of questioning or securing the authority of a particular actor or institution in relation to other actors and institutions. The final point is that transposing concepts from the domestic to the supranational is a constructive endeavour because it entails creating new conceptions and substituting old ones as well as legitimising new authorities and delegitimising old ones. Thus, this special issue also cautions against discourses that ultimately are more about legitimation than about legitimacy and more about new ways of ruling than the rule of law.

The Moral Dimension of Constitutional Faith

2011 ◽  
Author(s):  
Sanford Levinson
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
Social Order ◽  
Moral Dimension ◽  
The Rule Of Law ◽  
Law And Morality ◽  
The Relationship

This chapter considers the relationship between the Constitution—and the sovereign people ostensibly represented in its terms—and morality. Constitution faith requires the linkage of law and morality even as most twentieth-century jurisprudence has emphasized their analytic separation. All calls for renewed faith in the rule of law and renewal of the constitutional covenant imply that submission to the Constitution will create not only order but also the conditions of a social order worthy of respect. In order to see the logic and desirability of submission to the rule of the Constitution, the assumed linkage between it and morality must be closely examined.

Administrative Law

2004 ◽  
Author(s):  
Jeffrey Jowell
Keyword(s):  
Twentieth Century ◽  
Great Britain ◽  
Procedural Justice ◽  
Rule Of Law ◽  
State Power ◽  
Administrative Law ◽  
Constitutional Rights ◽  
Stages Of Development ◽  
The Rule Of Law ◽  
Legal Control

This chapter examines the stages of development of administrative law in Great Britain during the twentieth century, describing the different attitudes towards the exercise of state power and its legal control over the century. It explains that the century began with a concern for procedural justice and a particular concept of the rule of law, and ended with judicial constraints upon both the procedures and the substance of official decisions, justified by constitutional rights.

scholarly journals Introduction: Populist constitutionalism: Varieties, complexities, and contradictions

2019 ◽  
Vol 20 (3) ◽  
pp. 291-295 ◽  
Author(s):  
Paul Blokker ◽  
Bojan Bugaric ◽  
Gábor Halmai
Keyword(s):  
Rule Of Law ◽  
Union Member ◽  
Special Issue ◽  
Constituent Power ◽  
Constitutional Politics ◽  
The Rule Of Law ◽  
Complex Relation ◽  
Established Democracies ◽  
European Union Member States ◽  
Fundamental Values

AbstractThe intense engagement of populists with constitutionalism—a phenomenon originally related to experiences in Latin America—is increasingly evident in some of the new European Union member states. But the populist phenomenon is clearly not confined to more recently established democracies. Populist constitutionalism stands for a number of distinctive tendencies in constitutional politics and practices which frequently are in tension with—and may even threaten—fundamental values, human rights, representative democracy, and the rule of law. The relation between populism and constitutionalism is, however, not necessarily one of anti-thesis, but rather manifests itself in distinctive ways, depending on specific contexts and variations. In this special issue, we argue that populist constitutionalism is best analyzed in a comparative, and historically and contextually attuned manner. The special issue wants to contribute to understandings of populist constitutionalism, which are both theoretically more robust and able to comparatively reflect on a diversity of “really existing” cases. The various contributions discuss central dimensions to the populist phenomenon. These pertain in particular to: (a) The varieties of populist engagement with constitutionalism; (b) a deeper understanding of the populist mindset; (c) the position-taking and reaction of constitutional scholars to populism; (d) the complex relation and overlap of populism with illiberalism and authoritarianism; and (e) the central nature of constituent power in populist projects.

Decolonizing Justice in Tunisia

2019 ◽  
pp. 22-39
Author(s):  
Corinna Mullin ◽  
Nada Trigui ◽  
Azadeh Shahshahani
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
North Africa ◽  
Transitional Justice ◽  
Regime Change ◽  
Nazi Germany ◽  
Revolutionary Change ◽  
The Rule Of Law ◽  
Popular Justice ◽  
Justice Process

Building on decades of struggle, the January 2011 Tunisian uprising triggered a wave of popular revolt that spread across North Africa and West Asia. After the uprising, Tunisia became the focus of a celebrated project of transitional justice, which is now the globally mandated method of reconciling victims and perpetrators following a nonrevolutionary regime change. However, Tunisia's process of transitional justice must be critically examined. The very paradigm employed—that is, the rule of law that transitional justice consistently seeks to impose—is skewed in favor of imperial interests, which can be traced to the paradigm's origins in the mid–twentieth century victory of European powers over Nazi Germany and its allies. There are other models of justice, however, that are not rooted in this Eurocentric victor's history, but instead derive from revolutionary traditions. A key one is the People's Tribunal, used since the late 1960s. The convening of a People's Tribunal in Tunisia could help amplify and extend the popular-justice claims that surfaced during the country's recent transitional-justice process. Establishing such a tribunal might help build a symbolic reservoir and organizational force that could ultimately contribute to substantial revolutionary change in the country.

scholarly journals The Council of Europe’s Responses to the Decay of the Rule of Law and Human Rights Protections: A Comparative Appraisal

2021 ◽  
pp. 1-15
Author(s):  
Başak Çalı ◽  
Esra Demir-Gürsel
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Political Context ◽  
Secretary General ◽  
Special Issue ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
European Court ◽  
Institutional Features ◽  
Venice Commission

Abstract This article introduces the Special Issue on ‘The Responses of the Council of Europe to the Decay of the Rule of Law and Human Rights Protections’. The Council of Europe (CoE), a unique international organisation with its commitment to protect and promote human rights, the rule of law, and democracy, has been severely tested by the spread and consolidation of trends posing systemic threats to its foundational goals. The authors of this Special Issue assess how the European Court of Human Rights, the Venice Commission, the Parliamentary Assembly, the Committee of Ministers, and the office of the Secretary General have addressed systemic threats to the foundational principles of the organisation in the last decade. The Special Issue finds that the respective legal-institutional features and capacities of the CoE organs as well as the constraining influence of the broader political context in Europe on them vary significantly, hampering the CoE’s ability to produce timely, consistent, and co-ordinated responses against systemic threats.

scholarly journals Twelve Bottles of Whiskey

2014 ◽  
Vol 52 (1) ◽  
pp. 9
Author(s):  
Jack Watson
Keyword(s):  
Twentieth Century ◽  
United Kingdom ◽  
Thirteenth Century ◽  
Rule Of Law ◽  
Judicial Review ◽  
The Rule Of Law ◽  
Early Twentieth Century ◽  
Depth Analysis ◽  
History Of

This article provides an in-depth analysis of the history of certiorari and judicial review as it pertains to the rule of law. The article opens with a brief examination of the conviction of Nat Bell Liquors Ltd. during prohibition-era Edmonton in 1920, and explains how twelve bottles of whiskey brought about a sea change in the foundational law of Canada. The article details the development of judicial review,beginning in thirteenth century United Kingdom, noting its progression and change over the course of centuries. The article provides an account of certiorarias a replacement avenue where appeal is not available, and highlights notable Canadian jurisprudence from the early twentieth century to the present day.

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