Full Description
The rule of law is sometimes expressed as 'no person is above the law'. A more comprehensive description of the concept has been elusive for generations of scholars, lawyers and judges. What does the phrase mean? More specifically, what does the rule of law mean in the context of 21st century issues and challenges? Professor Robert A Stein and Justice Richard J Goldstone are the distinguished editors and authors of The Rule of Law in the 21st Century. Joining Stein and Goldstone is an array of internationally distinguished leaders of the legal profession (including US Supreme Court Justice Ruth Bader Ginsburg and Paul Volcker, former Chairman of the Federal Reserve) from North America, Europe, Africa and Asia to explore the meaning of the rule of law today in a variety of circumstances. The book opens with chapters covering the basic concepts of the rule of law, independence of the judiciary and whether there is such a concept as an international rule of law. The book examines the concept of the rule of law from a variety of perspectives. Does the rule of law promote or impede economic development? How can we meet the major threat to the rule of law in the form of corruption?What is the relationship between the Great Charter, Magna Carta and the rule of law today?How can the rule of law be of assistance when addressing the challenge of inequality of women in society? It also includes chapters describing law reform programmes that have strengthened the rule of law around the world in recent decades. The rule of law is humankind's best hope for freedom and justice. The Rule of Law in the 21st Century gives a better understanding of this important concept in the world today.
Contents
Foreword 7Ruth Bader GinsburgJustice of the Supreme Court of the United StatesIntroduction 9Richard J GoldstoneRetired justice of the Constitutional Court of South AfricaRobert A SteinUniversity of Minnesota Law SchoolThe rule of law 11Robert A SteinUniversity of Minnesota Law SchoolIndependence of the judiciary 19Richard J GoldstoneRetired justice of the Constitutional Court of South AfricaInternationalisation of the rule of law 25Richard J GoldstoneRetired justice of the Constitutional Court of South AfricaEconomic sustainability and the rule of law 35Chee Soon JuanSingapore Democratic PartyThe challenge of corruption to the rule of law 45Homer MoyerMiller & ChevalierJose Carlos Ugaz Sanchez-MorenoTransparency International Benites, Forno & Ugaz law firmPaul A VolckerThe Volcker AllianceStephen S ZimmermannWorld Bank GroupMagna Carta and the rule of law 61Hilary HeilbronBrick Court ChambersWilliam C HubbardNelson, Mullins, Riley & Scarborough LLP Former president of the American Bar AssociationLord Neuberger of AbbotsburyUK Supreme CourtLord Phillips of Worth MatraversThe Dickson Poon School of Law First president of the UK Supreme CourtJames R SilkenatSullivan & Worcester LLP Former president of the American Bar AssociationWomen's inequality and the rule of law: Latin America and reproductive rights 75Michele Bratcher GoodwinUniversity of California, Irvine School of LawAllison M WhelanUS Federal Court of AppealsWomen's equality under the rule of law in India 91Rajas KasbekarLittle & CoJudicial independence in Islam 99Essam Al TamimiAl Tamimi & CoRule of law programmes: a primer 109Michael MayaInternational Bar AssociationCulture, youth and neuroscience: implications for rule of law programmes 127Michael MayaInternational Bar AssociationRule of law promotion efforts moving forward 135Michael MayaInternational Bar AssociationProspects and challenges for the rule of law 153Richard J GoldstoneRetired justice of the Constitutional Court of South AfricaRobert A SteinUniversity of Minnesota Law SchoolAppendices 157Appendix A: Universal Declaration of Human RightsAppendix B: International Covenant on Civil and Political RightsAppendix C: The Constitution of the United StatesAppendix D: The South African Bill of RightsAbout the authors 209
