...the watershed judgement of the United States Supreme Court in perhaps its most admired civil rights decision: Brown v. Board of Education, when the court held racial segregation in public (meaning not-private) schools to be unconstitutional. It was 1954 and Eisenhower was the President. According to his biographer, while the case was current,
He [Eisenhower] invited Warren [the Chief Justice] to the White House for a stag dinner, along with Brownell [the Attorney General of the United States], John W. Davis, who was counsel for the segregationists, and a number of other lawyers. Eisenhower had Davis sit near Warren, who in turn was on the President's right hand. During dinner, Eisenhower - according to Warren - 'went to considerable lengths to tell me what a great man Davis was'. And a... (查看原文)
We live in a society dedicated to the rule of law; in which Parliament has power, subject to limited, self-imposed restraints, to legislate as is wishes; in which Parliament may therefore legislate in a way which infringes the rule of law; and in which the judges, consistently with their constitutional duty to administer justice according to the laws and usages of the realm, cannot fail to give effect to such legislation if it is clearly and unambiguously expressed. (查看原文)
This is my first professional book on law. Why i will take this book? Because one time, Professor Y asked us a question: Do you know what's the different between the rule of law and the rule by law? This question encourage me go through this book. Although ...
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1 有用 钮祜禄鼠 2021-05-19 15:23:49
比较一般。 法治之术语虽然归功于戴雪,但论言简意赅的程度远不及亚里士多德的定义。书中有关程序的部分,富勒的“内在道德”已经讲得很完善了;而实体的部分又仁者见仁,难有定论。比较有启发性的是有关法治与恐怖主义、法治与议会主权的探讨。
2 有用 法学晨曦 2018-02-10 14:59:15
用最通俗的语言,清晰地讲出了法治精神的内涵,中译本的翻译感觉一般般,前半部分稍平淡,书中精彩的部分在后半部分涉及国际法、打击恐怖主义、人权与法治的部分,Bingham列举了大量真实发生的英美负面案例,深刻道出了一个道理,如果为了打击恐怖主义就放弃法治的后果,是多么可怕。
4 有用 新月 2014-10-28 22:46:56
一位伟大的大法官对法治的理解。
0 有用 哈耶克信徒 2016-07-12 07:36:48
本书对法治的必要要素进行了简明扼要的阐述,为中国人建立一扇窗户,得以透视何为法治。
0 有用 萧士达高维契 2023-02-21 21:19:57 广东
实质性的法治观。英国法背景。