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The Rule of Law Under Pressure: A Transnational Challenge

The Rule of Law Under Pressure: A Transnational Challenge

Author: Gregory Shaffer; Wayne Sandholtz
Publisher: Cambridge University Press
ISBN: 9781009460255
Published In: January 2025
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The Rule of Law Under Pressure provides readers with an accessible and richly detailed assessment of recent challenges to the rule of law. The rule of law is closely tied to both democracy and human rights. The erosion of the rule of law, within a rising number of countries and in international relations, places populations under increasingly authoritarian and rights-abusing governments and threatens to destabilize peaceful relations among states. The book brings conceptual clarity to this complex and multidimensional topic and assesses recent trends in the rule of law at both national and international levels. The opening chapter clearly sets out the key concepts and evaluates broad transnational trends in the rule of law. Succeeding chapters assess rule of law developments at the international level and within key countries around the world.

Explores recent threats to the rule of law at domestic and international levels
Examines threats to the rule of law in a broad variety of countries on every continent
Provides readers with a solid foundation for understanding and assessing current trends with respect to the rule of law

Part I. Introduction: Concepts and Empirics:

1. The rule of law under pressure: the enmeshment of national and international trends Gregory Shaffer and Wayne Sandholtz

2. Why sovereigns are entitled to (horizontal) benefits of the international rule of law Brian Z. Tamanaha

3. Rule-of-law backsliding: where, how, and why Ana Mari´A Montoya and Alejandro Ponce

Part II. International Organizations and Transnational Legal Ordering of the Rule of Law:

4. International organizations as constitution-shapers: promoting or undermining a transnational rule of law Anne Peters

5. International measures to support the rule of law Tom Ginsburg and Christoph Schoppe

6. Transnational legal order through rule of law appraising the United Nations security council, 1990–2022 Jeremy Farrall and Terence C. Halliday

Part III. National Case Studies in Transnational Context:

7. The rule of law writ large: the European union and its rogue member states Kim Lane Scheppele

8. Russia, the council of Europe, and the rule of law: building and dismantling 'our common European home' Jeffrey Kahn

9. Authoritarian rule by law: Erdoğan and the European court of human rights Dilek Kurban

10. The rule-of-law crisis as a testing ground for Latin American constitutionalism: a view from Mexico under Lopez Obrador Francisca Pou Gime´Nez

11. The challenge to the rule of law and democracy in contemporary west and central Africa Olabisi D. Akinkugbe

12. The criminalization of dissent: challenges to the rule of law in Thailand Tyrell Haberkorn

13. The evolving rule of law with Chinese characteristics and its impacts on the international legal order J I Li

Part IV. Conclusion:

14. Pressures old and new Martin Krygier

Index.

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