Social Democracy and the Rule of Law

Social Democracy and the Rule of Law
Author: Otto Kirchheimer
Publisher: Routledge
Total Pages: 264
Release: 2019-11-19
Genre: Law
ISBN: 1000706532

Download Social Democracy and the Rule of Law Book in PDF, Epub and Kindle

First published in 1987. The legal and political writings of the German Social Democrats Kirchheimer and Neumann, from the period prior to the National Socialist seizure of power, are little known to English readers. This volume presents a selection of important essays from this period, which focus on the prospects for the constitutional realization of a social democratic order in the first German Republic - the Weimar Republic, created out of the collapse of the monarchy in 1918, and destroyed by the National Socialists in 1933. Both Kirchheimer and Neumann were active as lawyers in the later 1920s and early 1930s, the latter especially having a close connection with trade union legislation and labour law. From their viewpoint as Social Democrats and lawyers they present incisive analyses of the problems confronted by the attempt to realize the ideal of a social Rechtsstaat in a political environment increasingly dominated by forces on left and right which saw constitutional order only as a means to seize power, and not as a legitimate form of order in itself. In these circumstances, political issues translated into constitutional issues, and thus could be analysed in terms of the aims and objectives of a given constitutional order. A substantial introduction by the volume’s editor, Keith Tribe, presents the political and theoretical background to these essays, which range over questions of industrial democracy, political representation, parliamentary rule and the role of judicial review. These issues are once more on the political agenda of Western industrial democracies, and the analyses of Kirchheimer and Neumann have lost none of their force and relevance, despite the catastrophic ‘failure’ of Weimar democracy in 1933.

Democracy and the Rule of Law

Democracy and the Rule of Law
Author: Adam Przeworski
Publisher: Cambridge University Press
Total Pages: 338
Release: 2003-07-21
Genre: Law
ISBN: 9780521532662

Download Democracy and the Rule of Law Book in PDF, Epub and Kindle

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.

Building the Rule of Law in China

Building the Rule of Law in China
Author: Lin Li
Publisher: Elsevier
Total Pages: 353
Release: 2017-03-21
Genre: Law
ISBN: 008102231X

Download Building the Rule of Law in China Book in PDF, Epub and Kindle

Building the Rule of Law in China explores the idea that China needs a more globalized and diversified vision for the science of law, presenting the need to think differently from the two major western mainstream legal cultures, the Anglo-American and the continental systems. Other globalized, universalized, and diversified models and experiences in the rule of law from diverse civilizations have much to offer China. Through learning from the strengths exhibited by systems in countries with a very developed and well-organized rule of law, and absorbing essential aspects from different countries, China might be well positioned to promote the development of the rule of law in a robust and comprehensive manner. This book explores the topic from several perspectives, giving the reader an up-to-date resource on the ever-evolving vision for the science of law in China. Explores the situation of rule of law in China as it currently stands Presents a case that China must look beyond the two western systems of law for a more globalized vision Gives analysis on the contemporary situation, and insight into the near future Presents a particular perspective on the rule of law in China by a scholar closely involved with its actual development Translates into English, providing a new and valuable perspective to an English speaking readership

Rule of Law and Democracy

Rule of Law and Democracy
Author: Leonardo Morlino
Publisher: BRILL
Total Pages: 228
Release: 2010
Genre: Social Science
ISBN: 9004181695

Download Rule of Law and Democracy Book in PDF, Epub and Kindle

Through a reappraisal of rule of law and democracy the contributors provide for a fresh set of inquiries, from the State, consolidated and transitional democracies, to interstate, European and global scenarios. They converge in tackling empirical and normative questions, and suggest further connections between rule of law and democracy.

Rule of Law and Democracy

Rule of Law and Democracy
Author:
Publisher: BRILL
Total Pages: 227
Release: 2010-04-06
Genre: Social Science
ISBN: 9004184333

Download Rule of Law and Democracy Book in PDF, Epub and Kindle

Through a reappraisal of rule of law and democracy the contributors provide for a fresh set of inquiries, from the State, consolidated and transitional democracies, to interstate, European and global scenarios. They converge in tackling empirical and normative questions, and suggest further connections between rule of law and democracy.

The Future of Social Democracy

The Future of Social Democracy
Author: Thomas Meyer
Publisher:
Total Pages: 332
Release: 2007
Genre: Socialism
ISBN:

Download The Future of Social Democracy Book in PDF, Epub and Kindle

In Today S Globalized World, Two Forces Are Competing For Dominance In Countries Governed By The Rule-Of-Law: Liberation Democracy And Social Democracy. For Liberation Democracy The Essential Constituents Of Social Freedom Are To Be Found In Self-Regulated Markets And The Unrestricted Right To Private Property. Social Democracy, On The Other Hand, Underlines The Importance Not Only Of Civil And Political Rights, But Also Basic Social And Economic Rights. It Calls For Social Safeguards To Be Regarded A Fundamental Right, Promotes Social Inclusion And Accords Priority To Political Responsibility Over Market Forces. As Economic And Social Risks Multiply In A Globalized World, Social Democracy Has A Role To Play Not Only Within Individual Societies But Also In Shaping The World Order As A Whole. This Books Shows Different Ways In Which Social Democracy Can Be Designed To Meet Future Needs. It Compares Various Models Of Social Democracy And Their Respective Contributions Towards The Legitimacy And Stability Of The Democratic Order.

The Constitution of Social Democracy

The Constitution of Social Democracy
Author: Alan Bogg
Publisher: Bloomsbury Publishing
Total Pages: 416
Release: 2020-07-09
Genre: Political Science
ISBN: 1509916598

Download The Constitution of Social Democracy Book in PDF, Epub and Kindle

This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.

Rule of Law

Rule of Law
Author: Armando P. Ribas
Publisher: Stockcero, Inc
Total Pages: 229
Release: 2012-02
Genre: Philosophy
ISBN: 1934768510

Download Rule of Law Book in PDF, Epub and Kindle

There is a great confusion in the world and even more in that part of the world that considers itself as representing the Western civilization. This confusion arises in two realms: the semantics and the conceptual. The first of these confusions is the result of ignoring the ethical and the political philosophy antithesis between the Anglo-American philosophy and the Franco-German one. As Balint Vazsonyi once wrote, they are as different as day and night. At the same time, that philosophical confusion to which Dr Ribas refers as the syncretism of Western philosophy, is the pretentious nirvana of democracy in the West. Conceptually, democracy may be divided in two antithetical systems: the rule of law and the majority rule. Majority rule is the opposite of the protection of individual rights: to life, liberty, property and the pursuance of happiness. In this book Dr Armando P. Ribas exposes the fact that the apparent rights of the majorities are no more than the absolute power of governments in the name of the people, that constitutes the new deity. This is in Aristotelian terms demagoguery, and the reason why democracy fails in Latin America, as it happened in Europe where Hitler and Mussolini represented majority rule as the most common excuse: reason of the state.

Legal Right and Social Democracy

Legal Right and Social Democracy
Author: Neil MacCormick
Publisher: Oxford University Press, USA
Total Pages: 312
Release: 1982
Genre: History
ISBN:

Download Legal Right and Social Democracy Book in PDF, Epub and Kindle

Democracy and the Rule of Law

Democracy and the Rule of Law
Author: Bob Fine
Publisher:
Total Pages: 244
Release: 1984
Genre: Law
ISBN:

Download Democracy and the Rule of Law Book in PDF, Epub and Kindle

Abondoning the rational state.