environmental protection – largely through cooperation, occasionally through coercion. Nonetheless, the aim of this book is to show that law plays a significant role in curbing excesses and the abuseofpower, as well as facilitating the channelling of power to achieve those purposes. The opening chapter makes it clear that law and politics can be separated but it is important to understand their relationship, an understanding that provides the method behind this book; making the book attractive to non-lawyers, but also widening the law student’s horizons.
Shane Kilcommins, Susan Leahy, Kathleen Moore Walsh, and Eimear Spain
that never fully captures all of the relevant exigencies. Nevertheless, and despite these shortcomings, increasing juridification of the crime conflict is helping to overcome the previous ambivalence towards victims of crime.
Juridification of this kind has also been scaffolded by a number of international legal instruments which have also promoted recognition of the needs of victims within criminal justice systems. The United Nations General Assembly, for example, adopted the Declaration of Basic Principles of Justice for Victims of Crime and AbuseofPower in
Americans, however, probably the most valued role performed by the Supreme Court is that of defender of civil liberties against majoritarian or governmental power. American political culture places a high value upon individual liberty and freedom from governmental interference. And inasmuch as the Supreme Court is identified as the last line of defence against oppressive officialdom and abuseofpower, it is held to be an indispensable feature of the American political system.
There are numerous celebrated cases in which the Court has played this role. Perhaps most
with favoured economic interests. The multi-level administrative system and a closed list system of proportional representation enabled the parties to capture much of the state and upgrade a form of oligarchical politics that had sparked off periodic waves of unrest when systematically practised between 1873 and 1923. Property laws were systematically abused. Parliament barely stirred itself when the property boom collapsed in 2011.
Cesar Molinas, one of the few political analysts to take a strong interest in the abuseofpower, wrote in 2012 that the financial
, Peace and Security, adopted within the ‘hyper-masculinized context’ of international security. 82 Furthermore, as advocated by Chinkin and Charlesworth, if international law is neither seen simply as a reflection of power nor is interpreted to reinforce hierarchies, but as a ‘method of controlling the use and abuseofpower, it can provide protection against arbitrary determinations and unfettered discretion and therefore as basis for accountability’. 83 The question remains as to whether the UN and other IGOs have been held accountable for the denial and abuse of
review undermines the principle of the rule of law, as does the concentration of power in the field of collective security in the hands of the Security Council. Indeed, the concentration of all three functions in the Security Council, in effect enabling it to act as lawmaker, judge and executioner, at least in the area of collective security, clearly represents a recipe for abuseofpower, or more starkly the combination of all three powers is ‘the very definition of tyranny’. 48
A benefit of a separation of powers is that ‘power will check power’, 49 for example by
. Obviously institutional actions or inactions will directly affect member states and they should be the main actors for policing the abuseofpower by IGOs. This would strongly suggest that the ICJ’s Statute should be amended to allow cases to be brought by member states against organs of the UN in order to review the legality of their acts. Furthermore, since individuals are increasingly being affected by the actions or inactions of the UN and other IGOs, there are grounds for allowing a more limited form of locus standi to individuals to challenge the legality of
The evidence for this exists not only in the sustained level of increased reporting from that point forward, but also in the content of those reports in the months and years immediately after 1822. A greater willingness on the part of individuals to bring these cases seems evident in the volatile situation of 1822 and 1823, leading to an alteration of the law, in 1823 and again in early 1825, designed to strengthen the position of propertied men when accused of sexual advances by their social inferiors. This was followed by what seems like an
was required to act as a check on the
abuseofpower by the executive, but there were claims, particularly
among those with much to lose, that unchecked majority rule might
trample on the rights of the individual citizen and in particular those
There were also tensions between the free states and the
slave states. At the time the Constitution was written there were some
anti-slavery sentiments in the northern states and the five southern
states would have refused to join the US if slavery had
Reformatory and industrial schools and twentieth-century Ireland
complexity of the role, function and longevity of the system.
This is not to deny that abuse took place with these institutions, but rather to stress that the functioning of reformatory and industrial schools occurred within a complex web of institutions that regulated and confined up to 30,000 individuals, but in particular women and children, at any point in time in the first forty years after Independence. This requires explanations that move beyond micro-level descriptions of the abuseofpower within specific institutions to macro-level explanations of how