International Journal of Law in Context最新文献

Socio-legal instabilities in Ukraine’s wartime Compensation Law for damaged and destroyed residential property 乌克兰战时受损和被毁住宅财产赔偿法的社会法律不稳定性

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2024-09-19 DOI: 10.1017/s174455232400020x

Jon Unruh

引用次数: 0

The Role of Judicial Associations in Resisting Rule of Law Backsliding: Hidden Pathways of Protecting Judicial Independence Amidst Rule of Law Decay 司法协会在抵制法治倒退中的作用：在法治衰退中保护司法独立的隐秘途径

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2024-09-13 DOI: 10.1017/s1744552324000107

Petra Gyöngyi

{"title":"The Role of Judicial Associations in Resisting Rule of Law Backsliding: Hidden Pathways of Protecting Judicial Independence Amidst Rule of Law Decay","authors":"Petra Gyöngyi","doi":"10.1017/s1744552324000107","DOIUrl":"https://doi.org/10.1017/s1744552324000107","url":null,"abstract":"Both Hungary and Poland have been in the spotlight regarding their democratic backsliding, with Executives exerting control over supposedly independent pillars of democracy, such as courts or the media. While the concerns about these countries also voiced by leaders of European institutions were similar, the resistance against the systematic erosion of judicial independence comes in different forms. Using comparative longitudinal case study methodology, this article shows that a defining characteristic in the potential, visibility and feasibility of what judges did or could do under the current threats depends on the role judicial associations, understood as representative collegial judicial bodies. More precisely, the format, organisation and operative tools of judicial associations contribute to their influence on prior judicial reforms and their capacity to withstand ongoing efforts in curtailing their independence from political actors. Empirically, the article reviews multiple judicial changes in the 1992–2015 period in both countries and assesses how judicial associations then shaped the divergent responses to recent attempts at limiting judicial independence. The differences in the legal framework, organisation and network reliance explains variance in resistance. Overall, the article broadens the theoretical and empirical framework for studying the role of courts and judges with considerations regarding professional association organisation and co-ordination, as a potential layer of studying judicial resistance.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"59 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142201775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Backsliding Democracy and the Slippery Slope of Conceptual Weakness 民主倒退与概念薄弱的滑坡

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2024-09-13 DOI: 10.1017/s1744552324000090

Zoltán Fleck

引用次数: 0

Hidden rule of law discontinuities: A theoretical framework for studying rule of law backsliding 隐藏的法治不连续性：研究法治倒退的理论框架

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2024-09-13 DOI: 10.1017/s1744552324000077

Hans Petter Graver, Petra Gyöngyi

{"title":"Hidden rule of law discontinuities: A theoretical framework for studying rule of law backsliding","authors":"Hans Petter Graver, Petra Gyöngyi","doi":"10.1017/s1744552324000077","DOIUrl":"https://doi.org/10.1017/s1744552324000077","url":null,"abstract":"This introduction develops a theoretical framework for understanding authoritarian backsliding against the backdrop of existing historical and European socio-legal scholarship. It introduces a number of key distinctions to better understand socio-legal variance among autocratisation. Specifically, it highlights the distinction between authoritarian backsliding and complete breakdown of judicial independence and human rightsAuthoritarian backsliding is an aggravated form of rule of law decay, where functioning of key rule of law institutions comes under direct threat and it is mostly observable in the contemporary Central and Eastern European context. This differs from historical instances of authoritarian turn referring to the complete breakdown of judicial independence and human rights, characterised by the politicisation of courts as a mainly historical phenomenon. The differentiation and their socio-legal implications is crucial for developing a roadmap to identify different forms of autocratisation and their different contexts (actors, institutional and political context) that need to be considered when addressing rule of law decay in Europe, both at the national and supranational levels. Ultimately, this general overview also offers the possibility to identify and address latent discontinuities in rule of law development at both the supranational and national levels. Identification of such latent discontinuities is of importance when assessing the risks involved in the introduction of emergency measures to combat perceived threats to the state and the society.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"63 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142226001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Fault Lines in the Rule of Law: Europe’s Present and the Presence of its Past 法治的断层线：欧洲的现在及其过去的存在

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2024-09-13 DOI: 10.1017/s1744552324000089

Stephen Skinner

{"title":"Fault Lines in the Rule of Law: Europe’s Present and the Presence of its Past","authors":"Stephen Skinner","doi":"10.1017/s1744552324000089","DOIUrl":"https://doi.org/10.1017/s1744552324000089","url":null,"abstract":"This article critically examines the significance of the relationship between past and present for understanding liberal democratic values in the European context. The article starts by reflecting on the terms used to evaluate the apparent decline in the rule of law in Europe, including ‘backsliding’. It argues that these terms are indicative of a conceptual framework of analysis that includes a temporal dimension but is only partly historical, demonstrating a presentist focus and a perception of the past as a separate period. The article links this perception with the conceptual construction of the rule of law itself, as well as national and transnational narratives about it, which evoke Europe’s non-democratic past as a definitional point of reference that is distinct from the present. Using examples of the legacies of Europe’s dark legal past, the article highlights the artificial nature of this distinction for a range of systems with differing historical experiences. The article argues that interpreting the past in terms of segmented and sequential temporal periods is conceptually contestable and it draws on the philosophy of history to show how the past can instead be understood to have ‘sedimentary’ layers and to endure over time. Ultimately, the article argues that the relationship between law’s past and law’s present needs to be reconceptualised in terms of metaphorical ‘fault lines’ in the rule of law, to acknowledge the potentially disruptive effects of history and to facilitate a critical reimagining of the rule of law’s theoretical and factual foundations.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"46 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142201773","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legislating for the future: situated health and embodied justice 为未来立法：情景健康与体现正义

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2024-09-11 DOI: 10.1017/s1744552324000168

Michael Thomson, Beth Goldblatt

引用次数: 0

The league of nations as an imperial assemblage: coloniality, indirect rule and the actualization of ‘International Law’ 作为帝国集合体的国际联盟：殖民主义、间接统治和 "国际法 "的现实化

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2024-09-09 DOI: 10.1017/s1744552324000144

Ahmed Raza Memon

引用次数: 0

The social construction of childhood: is a minimum age of marriage attainable in plural societies? 童年的社会建构：在多元社会中能否实现最低结婚年龄？

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2024-09-06 DOI: 10.1017/s1744552324000181

Julie Ada Tchoukou

引用次数: 0

‘Route Causes’ and Consequences of Irregular (Re-)Migration: Vulnerability as an Indicator of Future Risk in Refugee Law 非正常（再）移徙的 "路线原因 "和后果：难民法中作为未来风险指标的脆弱性

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2024-03-26 DOI: 10.1017/s1744552323000344

Maja Grundler

{"title":"‘Route Causes’ and Consequences of Irregular (Re-)Migration: Vulnerability as an Indicator of Future Risk in Refugee Law","authors":"Maja Grundler","doi":"10.1017/s1744552323000344","DOIUrl":"https://doi.org/10.1017/s1744552323000344","url":null,"abstract":"States’ bordering practices force individuals to undertake dangerous migratory journeys and put them at risk of severe human rights violations. Yet, irregular arrivals who are found not to be at risk of serious harm in their countries of origin are perceived as voluntary migrants and are therefore assumed not to be in need of protection. This article employs the concept of vulnerability to challenge the idea that both the initial and subsequent dangerous migratory journeys are undertaken voluntarily. Based on an analysis of trafficking-based asylum claims from the UK and Germany, the article shows that both re-trafficking and irregular re-migration result from vulnerabilities which converge to preclude reintegration in the country of origin and access to livelihood options. While some of these vulnerabilities are likely to be present at the time of the initial dangerous journey already, the article pays particular attention to ‘consequential vulnerabilities’ brought about by previous migration experiences. It then introduces the concept of ‘route causes’ of irregular re-migration to describe factors which heighten the risk of re-migrating irregularly and therefore establish a risk on return related to harm experienced during irregular migration, rather than in the country of origin. Thus, the article shows that the vulnerability concept informs the future risk analysis in refugee law and argues that, just like a risk of re-trafficking, a risk of irregular re-migration could form the basis of an asylum claim.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"47 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140298100","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Environmentally Induced Displacement: When (Ecological) Vulnerability Turns into Resilience (and Asylum) 环境引起的流离失所：当（生态）脆弱性转变为复原力（和庇护）时

IF 0.8 4区社会学

International Journal of Law in Context Pub Date : 2024-03-26 DOI: 10.1017/s1744552323000368

Francesca Ippolito

{"title":"Environmentally Induced Displacement: When (Ecological) Vulnerability Turns into Resilience (and Asylum)","authors":"Francesca Ippolito","doi":"10.1017/s1744552323000368","DOIUrl":"https://doi.org/10.1017/s1744552323000368","url":null,"abstract":"This article aims to reflect on ‘ecological vulnerability’ – which makes evident the relationship, flows and interactions between the human being/body and the environment/non-human world – as applied in the context of environmentally induced migration. In particular, the dual role of the law vis-à-vis environmentally displaced migrants as a generator and exacerbator of their vulnerability as well as potential antidote, valuable for attaining protection, will be highlighted. Namely, on one hand, the analysis will show how a lack of conceptualisation of the notion to understand the spatial and temporal patterns of climate change-related migration, as well as its consequences for societal well-being, contributes to generate and exacerbate the vulnerability of that category of migrants. On the other hand, the critical understanding of vulnerability, as developed in some recent legal reasoning of international and national jurisdictions, will be proposed as a key element for ensuring the resilience of both environmental migrants and the law itself, for both virtuously expanding traditional asylum norms and flexibilising access to international protection for those migrants.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"233 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140298104","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0