Judges Against Justice: On Judges When the Rule of Law is Under Attack

Criminal Law

Judges Against Justice: On Judges When the Rule of Law is Under Attack

By Hans Petter Graver
Springer-Verlag September 2014

Specifications

ISBN-13
9783662442920
Publisher
Springer-Verlag
Publication
September 2014
Format
Hardback
Jurisdiction
Germany ? Countri(es) for reference only

Details

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 happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?

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.
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