Open Access (free)
Richard Bellamy

Introduction Many political theorists view the rule of law with suspicion. On the one hand, it can appear mere political rhetoric. For example, politicians habitually invoke the doctrine to suggest that any failure to comply with decisions made within the current political system leads to anarchy and the end of law. Opponents must play by the rules of the game and, when they lose, obey the winners. So

in Political concepts
Abstract only
Geoff Horn

3 The rule of law Prentice’s elevation to the Shadow Cabinet placed him in the front-line of Labour politics for the first time, bringing with it a greater level of responsibility and authority. In appointing him as Labour’s foremost spokesman on industrial relations, Wilson appeared to have made an uncontroversial choice. His overriding concern was to maintain party unity and his own leadership, especially as he felt threatened by both Left and Right in the wake of the Jenkinsite resignations.1 Having struggled to contain divisions over Europe, Wilson wanted to

in Crossing the floor
Michael Banton

35 Chapter 1 Extending the rule of law Michael Banton Adoption of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD/​the Convention) was a significant forward step in the extension of the rule of law. That process had begun in classical antiquity with the recognition of ius gentium, the law of peoples, as a step above the laws of particular peoples. It also featured in the conception of natural law, according to which the State must respect a lawfulness that is not of its own creation. So the story of human rights law

in Fifty years of the International Convention on the Elimination of All Forms of Racial Discrimination
Managing the criminal facets of war economies
Jenny H. Peterson

4062 building a peace economy_2652Prelims 25/11/2013 15:06 Page 85 5 Strengthening the rule of law: managing the criminal facets of war economies IVEN THAT much of the activity surrounding war economies is considered to occur in the criminal realm, strengthening the rule of law (RoL) has come to be seen as central to the DSI’s transformation agenda. In theory, effective investigation, capture and prosecution of criminal actors will help to dismantle ongoing links between illegal economic activities and political violence. Building up the RoL may also act as a

in Building a peace economy?
The Georgian colonies of New South Wales and Upper Canada, 1788–1837
John McLaren

rule of law as its guarantee. Conservatives tended to hew to a narrow conception that tied legitimacy to the satisfaction of essentially formal requirements of a decision according to law. By contrast, radical and reformist Whigs were inclined to relate it to the achievement of greater political equality, the placing of constitutional limitations on government power and the redress of

in Law, history, colonialism
Abstract only
Author: Philip Norton

The book provides an analysis of the contemporary state of the British constitution, identifying ambiguities and the changing relationships at the heart of the constitution. It offers a succinct and accessible overview of the core features of how the UK is governed – the key principles and conventions underpinning the constitution and how they are under pressure. It is essential for anyone wanting to make sense of the UK constitution in a period of constitutional turbulence, not least following the referendum to leave the European Union, three general elections in five years, major judgments by the UK supreme court, governments suffering major defeats in the House of Commons, and pressure for more referendums, including on Scottish independence and on remaining in the European Union. Each chapter draws out a core feature of the constitution, not least a relationship between different organs of the state, and offers an explanation of its shape and operation and the extent to which it is changing. It examines the key principles underpinning the UK constitution, the extent to which they are contested, and how political behaviour is shaped by convention.

Open Access (free)
Humanitarianism in a Post-Liberal World Order
Stephen Hopgood

looming environmental disasters. Domestically, the liberal social contract is coming apart in many Western states as the coalition of those who have not benefited from the decades of wealth accumulation after 1979 turns to populist politicians and looks for scapegoats, with experts, immigrants and Muslims seen as prime targets. The commitment to liberal institutions that create limits to the scope of political competition – rights, the rule of law, freedom of the press – and to the basic level of respect due to all persons, be they citizens or refugees

Journal of Humanitarian Affairs
Lessons Learned for Engagement in Fragile and Conflict-Affected States
Logan Cochrane

Government of South Sudan for a Livestock and Fisheries Development Project . World Bank : Washington, DC . Yang , S. X. and Logo , H. K. ( 2015 ), UNDP South Sudan Access to Justice and Rule of Law Project . Mid-Term Evaluation Report . United Nations Development Program (UNDP) . Appendix: Bibliography of Evaluations Action Against Hunger . ( 2004 ) Evaluation of the Nutritional Surveillance Activities of ACF-USA and Analysis of the Nutritional Situation in South Sudan 2004 . https

Journal of Humanitarian Affairs
Does parliamentary sovereignty trump the rule of law?
Philip Norton

determining the rights of private persons in cases brought before the courts. 4 Understanding both is necessary to make sense of the UK constitution. However, there are two problems. One is that the definition of the rule of law is contested. The other is that, despite Dicey’s claim as to their kindred nature, they are not necessarily compatible with one another. Who wins in the event of the conflict? The rule of law Dicey’s definition has been variously challenged. 5 The first of his three conceptions, which saw the prohibition on arbitrary power as extending to the

in Governing Britain
Abstract only
Dana Y. Rabin

share in the legislation ’ is not merely a British Right , peculiar to this island , but it is also a Natural Right , which cannot, without the most flagrant and stimulating injustice, be withdrawn from any part of the British Empire’. 1 In addition to the liberty and ‘natural equality’ that Sharp pronounced as part and parcel of Britain and its Empire, the rule of law

in Britain and its internal others, 1750–1800