The rule of law is acknowledged worldwide as central to good governance. Yet there often appears a huge gap between theory and practice, the acknowledgement no more than lip service. Where are the gaps? What are the problems? What is meant by 'the rule of law'?
This book brings together the views of an extraordinary range of well-known authors. It contains essays by: Chief Justice Murray Gleeson, High Court of Australia; Justice Louise Arbour, Supreme Court of Canada; Justice Ruth Bader Ginsburg, Supreme Court of USA; Dr Radhika Coomaraswamy, the UN Special Rapporteur on Violence against Women; and Professors Saunders (Australia), Dyzenhaus (Canada) and Troper (France).
Each essay is followed by a substantial comment by a distinguished Australian jurist - Justices Gaudron and Hayne, Sir Anthony Mason, Elizabeth Evatt, and Professors Saunders and McCormack - to highlight the relevance of the issues raised for Australia.
The essays cover issues such as:
- the debate about the meaning and application of the rule of law, nationally and internationally;
- the gaps between the theory and practice of the rule of law;
- relations between governments and people;
- the tensions between the judiciary and the elected branches of government (for example, ouster of the jurisdiction of the Australian courts);
- international criminal justice; and
- the position of women in situations of conflict and insurrection.
The analyses in the book draw on topical events ranging from the Florida appeal in the election of President Bush (Justice Ginsburg) to the indictment of Slobodan Milosevic at the War Crimes Tribunal (Justice Arbour, who was prosecutor).
The Rule of Law is a collection of essays by international contributors together with remarks in reply by Australian judges and academics. ... There is also an introductory essay by the editors and a well-written concluding piece called â€śCourts and the rule of lawâ€ť by Australian High Court Chief Justice Murray Gleeson. The book brings together a range of recent thinking on its subject. ... Another interesting piece is â€śRemarks on judicial independence: the situation of the US federal judiciaryâ€ť by US Supreme Court Justice Ruth Bader Ginsburg. This includes an interesting inside view of the US Supreme Courtâ€™s decision in Bush v Gore. ... The commentaries add to the papers by highlighting points and creating a useful dialogue. Overall the book is well presented. ... Federation Press is to be commended for publishing these essays. - Law Institute Journal (Victoria), August 2004
Table of Contents
The rule of law in comparative perspective
Professor Cheryl Saunders
The justice of the common law: judges, democracy and the limits of the rule of law
Remarks on judicial independence: the situation of the US federal judiciary
The Honourable Ruth Bader Ginsburg
The limits of the rule of law
Professor Michel Troper
The rule of law and the reach of accountability
Justice Louise Arbour
Broken glass: women, violence and the rule of law