Full Description
The Rule of Law Under Pressure provides readers with an accessible and richly detailed assessment of recent challenges to the rule of law. The rule of law is closely tied to both democracy and human rights. The erosion of the rule of law, within a rising number of countries and in international relations, places populations under increasingly authoritarian and rights-abusing governments and threatens to destabilize peaceful relations among states. The book brings conceptual clarity to this complex and multidimensional topic and assesses recent trends in the rule of law at both national and international levels. The opening chapter clearly sets out the key concepts and evaluates broad transnational trends in the rule of law. Succeeding chapters assess rule of law developments at the international level and within key countries around the world. This title is also available as Open Access on Cambridge Core.
Contents
Part I. Introduction: Concepts and Empirics: 1. The rule of law under pressure: the enmeshment of national and international trends Gregory Shaffer and Wayne Sandholtz; 2. Why sovereigns are entitled to (horizontal) benefits of the international rule of law Brian Z. Tamanaha; 3. Rule-of-law backsliding: where, how, and why Ana Mari'A Montoya and Alejandro Ponce; Part II. International Organizations and Transnational Legal Ordering of the Rule of Law: 4. International organizations as constitution-shapers: promoting or undermining a transnational rule of law Anne Peters; 5. International measures to support the rule of law Tom Ginsburg and Christoph Schoppe; 6. Transnational legal order through rule of law appraising the United Nations security council, 1990-2022 Jeremy Farrall and Terence C. Halliday; Part III. National Case Studies in Transnational Context: 7. The rule of law writ large: the European union and its rogue member states Kim Lane Scheppele; 8. Russia, the council of Europe, and the rule of law: building and dismantling 'our common European home' Jeffrey Kahn; 9. Authoritarian rule by law: Erdoğan and the European court of human rights Dilek Kurban; 10. The rule-of-law crisis as a testing ground for Latin American constitutionalism: a view from Mexico under Lopez Obrador Francisca Pou Gime'Nez; 11. The challenge to the rule of law and democracy in contemporary west and central Africa Olabisi D. Akinkugbe; 12. The criminalization of dissent: challenges to the rule of law in Thailand Tyrell Haberkorn; 13. The evolving rule of law with Chinese characteristics and its impacts on the international legal order J I Li; Part IV. Conclusion: 14. Pressures old and new Martin Krygier; Index.
