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John Murphy offers an insightful analysis of why the United States does not always accept the rule of law in international affairs, even though it has made immense contributions to its creation, adoption, and implementation. Examining the reasons for this failure, John Murphy analyses a number of cases, not to make a case that the United States has been an international outlaw, but to illustrate the wide-ranging difficulties standing in the way of US adherence to the rule of law. He explains how the nature of the US legal system and the idiosyncrasies of the international legal process combine to compound problems for the United States, and he explores several alternative scenarios for the position of the United States vis-à-vis international law. This timely book offers a much needed examination of US attitudes and practices and makes a major contribution to the contemporary literature in international law and international relations

[extract] The complex overlap between national, international and supranational legal relations, for example the European Common Market, each with its own legal system, refers us to a new normative paradigm that corresponds to reality and can absorb all changes that may ensue.Thus, science has suffered with the speed and complexity of the new problems, which is a clear reflection of the social fact, leading us to reflect critically on the adequacy of methods and principles, revealing a crisis of law due to the loss of certainty and security.Hence the relevance of adopting legal models that can meet the demands of an increasingly demanding and intense reality.Mario Losano observes that the pyramid has become a regular term of the jurist, emphasizing that the system of Hans Kelsen is practical, because it facilitates the understanding of law, and has a psychological function in conveying the certainty that the law is complete and ordered.

At the ideological level, the protection of human rights and freedoms in the United States is proclaimed as a political, legal and moral axiom. It has become a generally accepted view that the rule of law conception reflects the meaning and content of the US legal system, which is based on the original values of the American people. The ideological source of the rule of law conception in the United States was the theological direction of natural law theory. The theological direction, based in the United States on the doctrines of Calvinism, developed an attitude to law as a supernatural entity that is not subject to the state. The article considers the influence of these ideas on the formation of the modern rule of law conception in the United States. It is impossible to give a comprehensive and correct definition of the rule of law that included all the meanings of the concept and its equivalents in all languages. This creates an analogy with large-scale sacred concepts, such as "God". It can be said that the concept "rule of law" is definitely similar in this sense to the concept "God", which is also inclusive in its sphere, and means the objectified supernatural entity that is the object of worship and the source of the good.

The book is the result of a recent but intensive cooperation between the faculties of law of the universities of Ljubljana and Johannesburg. As is often the case in life, the starting point of this project was a friendship. A friendship between two law professors who, at the same point in time, became deans of their respective law schools - Prof Letlhokwa Mpedi (now Deputy Vice-Chancellor: Academic (UJ)) in Johannesburg and Prof Grega Strban in Ljubljana.

War and security have traditionally been held up as two areas where it is largely assumed international law has little influence on state action. 'Rule of Law in War' shows that it is possible to isolate the impact of rules, and to do so in areas that have historically been impenetrable.

This article deals with insights into the analysis of shortcommings of ensuring separate human rights legal regulation in Lithuania while implementing the rule of law. The shortcomings of the Lithuania legislature are highlighted in particular the failure to ensure or inappropriate or insufficient guaranteeing of separate rights.This article has chosen to present here a selection of rights from a wider range of rights to be analysed. This choice reflects not a few but a set of the most striking examples of the shortcomings of the legislature of Lithuania. These examples could be named 'the most striking' because the constitutional requirements for the ensuring of human rights are explained accurately in the vast Lithuanian constitutional jurisprudence, despite this fact they are not sufficiently obeyed. In this article the problem of ensuring two quite different kinds of rights are identified and analysed.These include two civil rights (i.e. the right to freedom from torture and cruel, inhuman or degradating treatment or punishment in the context of conditions of imprisonment, the right to freedom of expression and information) and one economic right - the right to freedom of individual economic activity and initiative. They distinctly approve at least a few shortcomings of legal regulation: non-complexity/non-systematicity, inconsistency, intricacy, uncertainty, and often – instability, unconstitutionality, and in some cases nonconformity with international standards of human rights protection, as well as the inaccessibility of legal regulation. In this article the recommendations of how to improve those shortcommings are considered. In light of the inability to actually fully ensure constitutional guarantees of separate human rights it could be argued that the principle of rule of law which is enshrined in the preamble of the Constitution of the Republic of Lithuania which is an aspiration, remains a major challenge for the Lithuanian society.

This article deals with insights into the analysis of shortcommings of ensuring separate human rights legal regulation in Lithuania while implementing the rule of law. The shortcomings of the Lithuania legislature are highlighted in particular the failure to ensure or inappropriate or insufficient guaranteeing of separate rights.This article has chosen to present here a selection of rights from a wider range of rights to be analysed. This choice reflects not a few but a set of the most striking examples of the shortcomings of the legislature of Lithuania. These examples could be named 'the most striking' because the constitutional requirements for the ensuring of human rights are explained accurately in the vast Lithuanian constitutional jurisprudence, despite this fact they are not sufficiently obeyed. In this article the problem of ensuring two quite different kinds of rights are identified and analysed.These include two civil rights (i.e. the right to freedom from torture and cruel, inhuman or degradating treatment or punishment in the context of conditions of imprisonment, the right to freedom of expression and information) and one economic right - the right to freedom of individual economic activity and initiative. They distinctly approve at least a few shortcomings of legal regulation: non-complexity/non-systematicity, inconsistency, intricacy, uncertainty, and often – instability, unconstitutionality, and in some cases nonconformity with international standards of human rights protection, as well as the inaccessibility of legal regulation. In this article the recommendations of how to improve those shortcommings are considered. In light of the inability to actually fully ensure constitutional guarantees of separate human rights it could be argued that the principle of rule of law which is enshrined in the preamble of the Constitution of the Republic of Lithuania which is an aspiration, remains a major challenge for the Lithuanian society.

We propose a theoretical framework for understanding the evolution of the rule of law state, which is conceived as the equilibrium of a societal game in which actors accept the legitimacy of publicly enunciated legal rules. A meta-norm of respect for the sovereign legal power of the state is not self-forming on the basis of private conduct, but requires the coevolution of impersonal market exchange with effective state capacity to constitute and regulate markets. A functioning legal system must acquire the means not just to control private power but to constrain other organs of government. The emergence of such a 'self-limiting state' is an historical process which, while complementary to a market order, is also contingent and path-dependent, and is not preordained. Illustrating our argument with empirical evidence drawn from the contemporary experience of middle-income countries, with a focus on China, we argue that alternatives to the rule of law state, including interpersonal trust, closed networks and authoritarian political control, can only achieve limited scale and scope effects, and are prone to high deadweight costs arising from corruption and the capture of the public sphere by private interests. We also discuss the potential of transplants of legal rules and institutions to catalyse the transition to impersonal trade based on the rule of law, and present evidence, from time-series econometric analysis, that the diffusion of shareholder protection laws has the potential to support financial development in emerging markets. Evolution towards the rule of law state is, we conclude, one possible developmental path for middle-income countries. ; This is the final version of the article. It first appeared from De Gruyter via http://dx.doi.org/10.1515/ldr-2014-0031

Das Problem des Ausnahmezustandes ist in den letzten zwei Jahrzehnten aktuell geworden im Zusammenhang mit Sicherheits-, Finanz- und Gesundheitskrisen. Diese Ereignisse stellen eine Herausforderung für die liberale Demokratie dar, da sie die politischen Vertreter an den Rand der Legalität bringen können und zumindest potenziell Verfahren zu legitimieren scheinen, die ansonsten in einer liberalen Demokratie fragwürdig wären. Einige Autoren haben sogar Bedenken geäußert, dass die Ausnahme allmählich zur neuen Normalität geworden ist und dass wir (fast ohne es zu bemerken) in einer permanenten Ausnahme leben. In Reaktion darauf haben Experten darüber nachgedacht, ob der Ausnahmezustand ein geeignetes Mittel zur Lösung von Krisen ist und ob es andere Modelle gibt, die im Hinblick auf das Interesse an der Wahrung der liberalen Demokratie angemessener sind. Das Ziel des Buches ist es, eine wissenschaftliche Reflexion des Ausnahmezustandes zu liefern und zusammenhängende Begriffe zu diskutieren. Mit Beiträgen von Vojtěch Belling, Otto Depenheuer, Josef Isensee, Jakub Jinek, Eckart Klein, Lukáš Kollert, Jan Kysela