作者简介

Raymond Wacks is Emeritus Professor of Law and Legal Theory at the University of Hong Kong where he was Head of the Department of Law from 1986 to 1993. Educated at the University of the Witwatersrand, the London School of Economics, and University College, Oxford, his major areas of interest are legal theory, and human rights, in particular the protection of privacy (the subject of his doctoral thesis) on which he is a leading international authority. In March 1997 he was awarded a Higher Doctorate in Law (LLD) by the University of London for his publications in law and legal theory.

书籍目录

Part 1 - Dissecting The Rule Of Law 

1. Introduction   

2. Philosophical Foundations   

3. Legal Theories   

4. From Rhetoric To Reason

Part 2 - The Firing Line 

5. The Judiciary 

6. Administrative Discretion 

7. Legalism 

8. Nationalism 

9. Populism 

10. Critical Theory 

11. Libertarianism 

12. Communitarianism 

13. Authoritarianism 

14. Parliamentary Sovereignty 

15. Emergencies 

16. Capitalism 

17. Globalisation 

18. Big Tech 

19. Counter-Terrorism 

20. Corruption 

Part 3 - Defending The Rule Of Law 

21. Conclusion 

书籍简介

Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege?

In this timely and important book, Raymond Wacks examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. He then investigates 16 potential ideological, economic, legal, and institutional dangers to the rule of law. They range from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the 'war on terror', and the disquieting power of Big Tech. He also considers the enactment and enforcement in several countries of Draconian measures to curtail the spread of COVID-19, which has generated fears that these emergency powers may outlive the pandemic and become a permanent feature of the legal landscape, thereby impairing the rule of law.

Wacks identifies which issues among this extensive array pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.