Judges Against Justice On Judges When the Rule of Law is Under Attack
This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happens when states become oppressive and the judiciary contributes to the op...
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| Format: | eBook |
| Language: | English |
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Berlin, Heidelberg
Springer Berlin Heidelberg
2015, 2015
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| Edition: | 1st ed. 2015 |
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| Collection: | Springer eBooks 2005- - Collection details see MPG.ReNa |
Table of Contents:
- The Judicial Role and the Rule of Law
- Part One: The War of Law: State Repression and the Rule of Law
- Repression of the Judiciary
- Judicial Acceptance of Oppression
- The Opposition
- Part Two: Holding Judges Responsible for Injustice: The Argument for Criminal Liability
- The Condition of Illegality under International Law
- The condition of Illegality and Failed Usurpations
- The Condition of Illegality in Transitional Settings
- Judges in Special Courts
- Justification of Judicial Oppression
- A Special Immunity for Judges?
- Holding Judges Responsible
- Part Three: The Moral Side of Judging: The Positivism Thesis
- What Positivism?
- Alternative approaches to Legal Interpretation
- Beyond Legal Theory as Explanation
- The Lesser Evil
- Judges for Justice