In the past decade the Rule of Law developments in the world have become contentious; its idea, concept, and global implementation have met growing resistance, which may soon shift the global balance of power, prompting international crisis.
This book offers insights into the globally relevant Rule-of-Law ramifications for human rights, constitutional law, and philosophy of law in the time of such considerable challenges to it. From this legal perspective, the contributors analyze the questions of independence of judiciary, liberal education, freedom of mass media; populism, and corruption. They discuss global civic education, enhanced social inclusion, violence prevention, restorative justice and other methods of civic participation that can create larger opportunities for freedom in a UN world and help overcome increased ideological division between global North and South.
Slawomir Redo is visiting professor of United Nations Law and member of the United Nations Studies Association.
Chapter 1: Corruption of the Rule of Law and the United Nations by Mallika Mahajan, Pawan Kumar Sinha, and Thomas Stelzer
Chapter 2: The Rule of Law in the Voluntary Reviews of the Implementation of the United Nations 2030 Sustainable Development Agenda by Megan Capp
Chapter 3: Power Politics v. the Rule of Law in Brazil: A Case Study by Eduardo Pinheiro Granzotto da Silva and Newton Tavares Filho
Chapter 4: Power Politics v. the Rule of Law in India: A Case Study by Murgesan Srinivasan and Varsha Vijayan
Chapter 5: Power Politics v. the Rule of Law in the United States: A Case Study by Cora True-Frost
Chapter 6: Power Politics v. the Rule of Law in Turkey: A Case Study by Ceren Uysal
Chapter 7: Power Politics v. the Rule of Law in Hungary: A Case Study by Bernadette Somody
Chapter 8: The Rule of Law and the European Union in Challenging Times by Rita Haverkamp
Chapter 9: The Future of International Criminal Justice Cooperation: A Retreat from the Rule of Law? by Yvon Dandurand and Jessica Jahn
Chapter 10: Exordinum by William Schabas
Chapter 11: Dialogue in Hell between Montesquieu and Machiavelli on Climate Change, Migration, and the Rule-of-Law Governance by Friedrich Forsthuber, Michael Platzer, Sławomir Redo, and Gerhard Reissner
Chapter 12: On the Dialogues in Hell between Machiavelli and Montesquieu from the Perspective of Climate Change, Migration, and the Rule-of Law-Governance by Sławomir Redo
Chapter 13: Art and Faith in the Prevention of Crime and Conflict by Marian Liebmann
Afterword by Pedro R. David†
In this warning to the globe, Redo has gathered the musings of highly respected authors on general challenges to the Rule of Law, and to specific concerns such as independence of the judiciary, freedom of mass media, populism, and corruption.
This is a brilliantly and logically organized volume. It includes erudite, clearly elucidated chapters on the differential challenges to and the erosion of the Rule of Law in 'Democratic' societies. Chapters by scholars on Poland, Hungary, Brazil, India, the EU and the U.S. outline different yet consistent authoritarian processes to interfere with the administration of justice. Central to these processes are autocratic executive interference with the independence of the judiciary and university legal education, the erosion in the separation of powers, and legislative manipulation of the electoral process.
But this manuscript also includes more optimistic, if not more modest, ideological options for progress in the promotion of respect for democracy and the Rule of Law. To wit: The relevance of Montesquieu’s and Machiavelli’s philosophies reinterpreted and adapted to current political, social, and even climatic challenges. Such is found in the closing and insightful chapters.
Unlike many edited volumes, this one has a clearly consistent theme, similarities of style, and progressive context and insight with each succeeding chapter. It is comprehensive yet parsimonious.