The Rule of Law in the 21st Century:

A Worldwide Perspective

Edited by Justice Richard J Goldstone, Professor Robert A Stein

Not available to order

Publication date:

01 November 2015

Publisher

Globe Law and Business

ISBN-13: 9781787422612

The rule of law is sometimes expressed as ‘no person is above the law’. A more comprehensive description of the concept has been elusive for generations of scholars, lawyers and judges. What does the phrase mean? More specifically, what does the rule of law mean in the context of 21st century issues and challenges? Professor Robert A Stein and Justice Richard J Goldstone are the distinguished editors and authors of The Rule of Law in the 21st Century. Joining Stein and Goldstone is an array of internationally distinguished leaders of the legal profession (including US Supreme Court Justice Ruth Bader Ginsburg and Paul Volcker, former Chairman of the Federal Reserve) from North America, Europe, Africa and Asia to explore the meaning of the rule of law today in a variety of circumstances. The book opens with chapters covering the basic concepts of the rule of law, independence of the judiciary and whether there is such a concept as an international rule of law. The book examines the concept of the rule of law from a variety of perspectives. Does the rule of law promote or impede economic development? How can we meet the major threat to the rule of law in the form of corruption? What is the relationship between the Great Charter, Magna Carta and the rule of law today? How can the rule of law be of assistance when addressing the challenge of inequality of women in society? It also includes chapters describing law reform programmes that have strengthened the rule of law around the world in recent decades. The rule of law is humankind’s best hope for freedom and justice. The Rule of Law in the 21st Century gives a better understanding of this important concept in the world today.

Foreword 7 Ruth Bader Ginsburg Justice of the Supreme Court of the United States Introduction 9 Richard J Goldstone Retired justice of the Constitutional Court of South Africa Robert A Stein University of Minnesota Law School The rule of law 11 Robert A Stein University of Minnesota Law School Independence of the judiciary 19 Richard J Goldstone Retired justice of the Constitutional Court of South Africa Internationalisation of the rule of law 25 Richard J Goldstone Retired justice of the Constitutional Court of South Africa Economic sustainability and the rule of law 35 Chee Soon Juan Singapore Democratic Party The challenge of corruption to the rule of law 45 Homer Moyer Miller & Chevalier José Carlos Ugaz Sánchez-Moreno Transparency International Benites, Forno & Ugaz law firm Paul A Volcker The Volcker Alliance Stephen S Zimmermann World Bank Group Magna Carta and the rule of law 61 Hilary Heilbron Brick Court Chambers William C Hubbard Nelson, Mullins, Riley & Scarborough LLP Former president of the American Bar Association Lord Neuberger of Abbotsbury UK Supreme Court Lord Phillips of Worth Matravers The Dickson Poon School of Law First president of the UK Supreme Court James R Silkenat Sullivan & Worcester LLP Former president of the American Bar Association Women’s inequality and the rule of law: Latin America and reproductive rights 75 Michele Bratcher Goodwin University of California, Irvine School of Law Allison M Whelan US Federal Court of Appeals Women’s equality under the rule of law in India 91 Rajas Kasbekar Little & Co Judicial independence in Islam 99 Essam Al Tamimi Al Tamimi & Co Rule of law programmes: a primer 109 Michael Maya International Bar Association Culture, youth and neuroscience: implications for rule of law programmes 127 Michael Maya International Bar Association Rule of law promotion efforts moving forward 135 Michael Maya International Bar Association Prospects and challenges for the rule of law 153 Richard J Goldstone Retired justice of the Constitutional Court of South Africa Robert A Stein University of Minnesota Law School Appendices 157 Appendix A: Universal Declaration of Human Rights Appendix B: International Covenant on Civil and Political Rights Appendix C: The Constitution of the United States Appendix D: The South African Bill of Rights About the authors 209

This book offers a useful international perspective on the rule of law itself, its implications worldwide and the theory and practice by which it may, or might, be introduced and implemented across a range of jurisdictions.