Free Essay

United Kingdom Going Towards Elective Dictatorship

In:

Submitted By Salmaaa
Words 1219
Pages 5
“….it seems to me that we are moving in the direction of an elective dictatorship,” so said Lord Hailsham in 1978 [The Dilemma of Democracy]. Is this an accurate assessment of the UK system of government/constitution?

Dictatorship can be defined as a form of government where political authority is monopolised by a single person or political entity, and exercised through various mechanism to ensure the entity’s power remains strong. Dictatorship is a type of authoritarianism, in which which politicians regulate nearly the behaviour of normal people. Dictatorships and totalitarianism generally employ political propaganda to decrease the influence of proponents of alternative governing systems as is the nature of nationalism of any governing systems.
An “elective dictatorship” (also called executive dominance in political science) is a phrase popularised by the former Lord Chancellor of the United kingdom, Lord Hailsham, in a Richard Dimble by Lecture at the BBC in 1976.

Elective dictatorship refers to the fusion of powers of the executive and the legislative; where the legislative is drawn from the executive therefore resulting in the dominance of the executive over the legislative. The executives majority in the House of commons reinforces the executive dominance. Elective dictatorship occurs in conjunction with this situation and that of the governing party, the executive. The party in power will by definition have more seats i.e more voting power than all the opposition parties. This means that any legislative or motion proposed by the governing party could be passed unless government MP’s dissents because only a simple majority is required. Due to the strength of the whip system to prevent MPs of the governing party voting against it, in practice government bills are extremely rarely defeated in the House of Commons. The government proposes usually around 95% of the bill passed. Another reason why Britain is considered to be an elective dictatorship is the limited powers of parliament, which has led to the undermining of parliamentary sovereignty.

Pressure groups have also meant that the executive have gained more power and dominance as they have often received advice from pressure groups resulting in increasing popularity within the executive.
Referendums have also undermined the sovereignty of parliament.
Referendums in 1970s were first instance via statute law, but the final decision was effectively taken out of its hands.
Most of the problems originate in the fusion of the legislative and the executive which has resulted in the dominance of the executive.
Under Tony Blairs government, Britain has been increasingly seen as an elective dictatorship as many people feel its moving from a parliamentary system of government to a presidential system of government. Firstly it is seen by the relationship between the cabinet and the Prime minister. Tony Blairs period as a Prime Minister since 1997 has renewed debate about the location of power with in the executive and the relationship between the Prime Minister and the cabinet. The Prime Minister dominates executive decision making without consulting the cabinet.
A Prime Minister can go to war even if the cabinet ministers disagree. An example is when Tony Blair went to war with Iraq even though most of the cabinet ministers voted against it and two of them resigned, Robin Cook and Claire Short. That is an Elective Dictatorship.
Even before the Tony Blairs government, Elective dictatorship existed in Margaret Thatcher term. i.e, Her key decision in poll tax, most of the cabinet ministers disagreed with her.
The limited power in the Select Committees also mean Britain can be said to be Elective Dictatorship. The function of the Select Committee was to survey the work of the executive and hold it accountable to parliament. However the power of the Select Committee have become very limited.

In the 1980s the Select Committee had established themselves as important contributors to the parliamentary functions of scrutiny, investigations and influence of the executive. However some modifications and features have meant that the effectiveness of the selected committees has been significantly reduced. Insufficient time and poor resources have meant that it has become more ineffective. Most analyst agree that Select Committee have done little to change the Balance of the power between the two houses, the executive and the legislative. Reformers suggest that they can be made more effective, by giving them larger budgets, more power, more access to documentation, and greater powers to interrogate ministers. However the limited powers to the Select Committees had led to the dominance of the executive and the legislative.

In the above arguments, Britain is seen as an elective dictatorship, but there are still some aspects of the political system that doesn't make it an Elective Dictatorship.
In between election election the government is still held accountable. The scrutiny and control of the executive is carried out in Prime Minsters questions time, opposition days and back bench rebellions. Also the presence of collective cabinet responsibility means the cabinet has to side with government policies and therefore the Prime Ministers usually has to have agreement from his cabinet.
A vote of confidence also means that Britain can be undermined as an Elective Dictatorship.
When a vote of no confidence is passed in Parliament, every minister and government official drawn from Parliament automatically resign in their role as the executive, the entire executive is dismissed.
Even though the power of the House of Lords is restricted they are still able to act as a check on the executive. This is because they are still involved in the process of legislation. The House of Lords has the power to amend and reject bills and also the House of Lords are able to delay bills.
The power of the executive has grown and the checks are in place to prevent abuse of this power. It is important for the legislature to keep a watch on the executive so the control is maintained and it does not slip into a dictatorship. These checks means that Britain is not theoretically an “Elective Dictatorship” as rules still exist which means the Executive can not have a dictatorship role.

However an article I read written by a reporter Francis Bennion of The Times who criticises Lord Hailsham’s use of “Elective Dictatorship”. He said “The enemies of parliamentary democracy are dangerous enough without Lord Hailsham adding weight of his prestige to their argument. The phrase ‘elective dictatorship’ is a piece of political cant. It has an appearance of validity which on examination is at once seen to be spurious, for it is a contradiction in terms” and he goes on to defend the parliament of being an elective dictatorship.

In many cases it is proven that Britain is moving in the direction of elective dictatorship. The power of the executive has grown and the checks are in place to prevent abuse of this power. It is important for the legislature to keep a watch on the executive so the control is maintained and it does not slip into a dictatorship. But currently it is not an Elective Dictatorship, as the parliament still has some effectiveness in scrutinising the executive, however as Britain is falling more into Prime Ministerial style government there is a possibility that Britain can become an “Elective Dictatorship”.

BIBILIOGRAPHY

KNIGHT C J S & EWING K D BRADLEY A W

www.oup.com

www.lawteacher.net

THE TIMES

www.democraticaudit.com

Similar Documents

Premium Essay

Public Law V Bogdanor and S Vogenauer; Enacting a British Constitution: Some Problems’, 2008.

...PUBLIC LAW V Bogdanor and S Vogenauer; Enacting a British Constitution: some problems’, 2008. One must understand that most of the countries now have a written and a codified Constitution, such as the United States of the America, Malaysia, India, Australia and etc. As we know these countries are under the British colonies before getting their independence. Hence now there are only three states in the world which lacks a written constitution, namely Britain, New Zealand, and Israel. A constitution is a set of rules which defines the structures and functions of a state, particularly, will define the principle of institutions, the legislature, the executive, judiciary and the nature and the scope of their powers. Moreover, Bradley and Ewing have defined a constitution as ‘ a document having special legal sanctity which sets out the framework and the principle functions of the organs of government within the state and declares the principles by which those organs must operate’. (A Bradley and K Ewing, Constitutional and Administrative Law (14th edn, Pearson/Longman, 2007), p.4) [1]In the introduction of a state’s constitution, there will be a discovery of a preamble, for example, in the USA the preamble states that: ‘We the people...do ordain and establish this Constitution’. (Article 2 of the 1936 Soviet Constitution.)[2] This shows the society as a sovereign power. An important question that often rises is “Should Britain adopts a written constitution”? This has always been...

Words: 2597 - Pages: 11

Free Essay

Wtwetrwerer

...Labour and Constitutional Reform ✓ Labour’s Reforms ✓ The Changing Constitution ✓ Party Views and Manifestoes ✓ Assessment and Evaluation ✓ Evidence 1. Labour’s Reforms o The constitutional reforms initiated by the Labour Government elected in 1997 together promise to transform the institutional structure of the United Kingdom. ▪ The Scottish Parliament and the Welsh Assembly are the most tangible signs of this transformation but other constitutional reforms are either in being or well under way …… ▪ including the Human Rights Act of 1998 (incorporating the European Convention on Human Rights), ▪ a directly-elected mayor and assembly for London, ▪ a reformed House of Lords ▪ and Freedom of Information legislation. ▪ Although reform of the electoral system for Westminster now seems a somewhat distant prospect, the 1999 elections to the Welsh Assembly, to the Scottish Parliament and to the European Parliament were all conducted using electoral systems very different from the traditional first-past-the-post method. ▪ Referendums have been widely used, and more promised o Lecture by the Lord Chancellor, Lord Irvine of Lairg, to the Constitution Unit, Westminster. 8 December 1998 o No other Government this century has embarked upon so significant or wide-ranging a programme of constitutional reform as the New Labour Government...

Words: 14891 - Pages: 60

Premium Essay

The Relationship Between Electoral Process and Stability in Nigeria

...CHAPTER ONE INTRODUCTION 1.1 Background to the study Structured election process is one of the indicators of stability in Nigeria’s democracy. Elections in Nigeria continue to elicit more than casual interest by Nigerian scholars due to the fact that despite the appreciation that only credible election can consolidate and sustain the country’s nascent democracy, over the years, Nigeria continues to witness with growing disappointments and apprehension inability to conduct peaceful, free and fair, open elections whose results are widely accepted and respected across the country (Ekweremadu, 2011). All the elections that have ever been conducted in Nigeria since independence have generated increasingly bitter controversies and grievances on a national scale because of the twin problems of mass violence and fraud that have become central elements of the history of elections and of the electoral process in the country (Gberie, 2011). Despite the marked improvement in the conduct of the 2011 elections, the process was not free from malpractices and violence (National Democratic Institute, 2012). Thus over the years, electoral processes in the history of Nigeria’s democratic governance have continued to be marred by extraordinary display of rigging, dodgy, “do or die” affair, ballot snatching at gun points, violence and acrimony, thuggery, boycotts, threats and criminal manipulations of voters' list, brazen falsification of election results, the use of security agencies against...

Words: 23070 - Pages: 93

Premium Essay

Politics Exam Edinbrugh

...Northern Consortium United Kingdom – Politics Past paper questions for June exam < Module 1 > Section A 1a What are the differences between Public Bills Committees and Select Committees? [5] Public Bills Committee is part of legislative process, whereas Select Committee is part of scrutiny process. In the former committee, the bill is examined by line by line to ensure that its wording and language is clear to allow any amendments on the bill. In the latter committee, there are two departments – governmental and non-governmental. They examine government departments’ expeditures , policies and policies. There are between 16 to 50 members in the PBC who are selected by Committee of Selection whose 7 out 9 members are ships. On the other hand, there are 11 members in the SCs and to eliminate “the conflict of interest, all the members are backbench members who are elected using the Alternative vote system. 2a What are the main functions of Parliament and how well does it perform them? [5] < This question is a 20-mark question > 3a What are the differences between direct and representative democracy? [5] In direct democracy, people are directly involved in decision-making processes, whereas in representative democracy, people elect MPs who will represent and form a government in Parliament. For instance, some qualified members of Athenian society were involved in decision-making and a referendum is a limited form of direct democracy. Also general elections...

Words: 18470 - Pages: 74

Free Essay

Politics

...GOVERNMENT AND POLITICS AS LEVEL UNIT TWO GOVERNING THE UK “Never, never, never give up” Winston S Churchill 1874-1965 1 GOVERNING THE UK 50% of AS [25% of A2] UNIT TWO SAMPLE QUESTION Answer one question from Section A and one question from Section B in 80 minutes. Spend 40 minutes on Section A and 40 minutes on Section B SECTION A QUESTION ONE PRIME MINISTERIAL POWER “For too long the big political decisions in this country have been made in the wrong place. They are not made around the Cabinet table where they should be, but they are taken on the sofa in Tony Blair’s office. No notes are kept and no one takes the blame when things go wrong. That arrogant style of government must come to an end. I will restore the proper process of government. I want to be Prime Minister of this country not a President (Source: David Cameron, The Times, 5th October 2006) “The Cabinet is the committee at the centre of the British political system. Every Thursday during Parliament, Secretaries of State from all departments as well as other ministers meet in the Cabinet Room in Downing Street to discuss the big issues of the day. The Prime Minister chairs the meeting, selects its members and also recommends their appointment as ministers to the monarch. The present Cabinet has 23 members (21 MPs and two peers). The secretary of the Cabinet is responsible for preparing records of its discussions and decisions”. (Source: From a modern textbook) (a) What...

Words: 68254 - Pages: 274

Free Essay

Gov and Pol

...Edexcel AS Politics Edexcel AS Politics ExamBuster 2009 Introduction to Unit 1- People and Politics Understanding the Examination and Exam Technique Choosing your questions In this unit you are presented with four questions. They are of equal value and each question covers one of the four sections of the specification. These are: Democracy and political participation Party policies and ideas Elections Pressure groups There is no significance to the order in which questions appear. Each question is divided into three sections (a), (b) and (c). When choosing which questions to do, the following principles are recommended: It is almost certain that you will be better off choosing your strongest question to do first. You should choose questions on the basis of how well you can answer the section (c) part. The (c) part carries 25 of the 40 marks available for the whole answer. Do not choose a question simply because you can do part (a) especially well. The (a) question is only worth 5 marks. It would be illogical to choose your strongest (a) part if you cannot do well on section (c). If you cannot decide between several (c) parts, i.e. you can do more than one equally well, make your choice on the basis of part (b) which carries 10 marks. But remember, it is the (c) parts that will determine most what your overall mark will be. So, when you first look at the exam paper, look at the (c) sections first. Assessment Objectives Each question is divided into three sections,...

Words: 51996 - Pages: 208

Premium Essay

Information Tectnology

...NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF ARTS AND SOCIAL SCIENCE COURSE CODE:POL 122 COURSE TITLE:INTRODUCTION TO AFRICAN POLITICS POL 122 INTRODUCTION TO AFRICAN POLITICS COURSE GUIDE POL 122 INTRODUCTION TO AFRICAN POLITICS Course Writer/Developer Mr. Sikiru Lanre Nurudeen Department of Political Science and Conflict Resolution Al – Hikmah University, Ilorin Kwara State Course Editor Prof. M. Olarotimi Ajayi Faculty of Social Sciences Covenant University Otta Course Coordinator Mr. Abdul-Rahoof A. Bello National Open University of Nigeria ii POL 122 INTRODUCTION TO AFRICAN POLITICS NATIONAL OPEN UNIVERSITY OF NIGERIA National Open University of Nigeria Headquarters 14/16 Ahmadu Bello Way Victoria Island Lagos Abuja Office No. 5 Dar es Salaam Street Off Aminu Kano Crescent Wuse II, Abuja Nigeria e-mail: centralinfo@nou.edu.ng URL: www.nou.edu.ng Published by National Open University of Nigeria Printed 2009 ISBN: 978-058-415-3 All Rights Reserved iii POL 122 INTRODUCTION TO AFRICAN POLITICS CONTENTS PAGE Introduction ………………………………………….…………… 1 Course Aims ……………………………………………………… 1 Course Objectives ………………………………………………... 1 Working through Course……………………………………. This 2 Course Materials………………………………………………….. 2 Study Units………………………………………………………. . 2 Text books and References……………………………………….. 3 Assessment File…………………………………………………… 3 Tutor-Marked Assignment ……………………….. ……………… 4 iv POL 122 INTRODUCTION TO AFRICAN POLITICS Final Examination Grading…………………………………...

Words: 67952 - Pages: 272

Free Essay

Khoabnamap Study About Religion

...IN CONTEMPORARY SOUTHEAST ASIA ISLAMIC STUDIES AND ISLAMIC EDUCATION i ii IN CONTEMPORARY SOUTHEAST ASIA ISLAMIC STUDIES AND ISLAMIC EDUCATION Editors KAMARUZZAMAN BUSTAMAM-AHMAD PATRICK JORY YAYASAN ILMUWAN iii Perpustakaan Negara Malaysia Cataloguing-In-Publication Data Islamic studies and Islamic education in contemporary Southeast Asia / editors: Kamaruzzaman Bustamam-Ahmad, Patrick Jory ISBN 978-983-44372-3-7 (pbk.) 1. Islamic religious education--Southeast Asia. 2. Islam--Education--Southeast Asia. I. Kamaruzzaman Bustamam-Ahmad. II. Jory, Patrick. 297.77 First Printed 2011 © 2011 Kamaruzzaman Bustamam-Ahmad & Patrick Jory Publisher: Yayasan Ilmuwan D-0-3A, Setiawangsa Business Suites, Taman Setiawangsa, 54200 Kuala Lumpur, Malaysia. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means – for example, electronic, photocopy, recording – without prior written permission of the publisher. The only exception is brief quotations in printed review. The opinions expressed in this publication is the personal views of the authors, and do not necessary reflect the opinion of the publisher. Layout and cover design: Font: Font size: Printer: Hafizuldin bin Satar Goudy Old Style 11 pt Gemilang Press Sdn Bhd iv ACKNOWLEDGEMENTS T his book grew out of a three-day workshop jointly held by the Regional Studies Program, Walailak University, and the Department...

Words: 104903 - Pages: 420

Free Essay

International Business

...This text was adapted by The Saylor Foundation under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 License without attribution as requested by the work’s original creator or licensee. Organization The overarching logic of the book is intuitive—organized around answers to the what, where, why, and how of international business. WHAT? Section one introduces what is international business and who has an interest in it. Students will sift through the globalization debate and understanding the impact of ethics on global businesses. Additionally, students will explore the evolution of international trade from past to present, with a focus on how firms and professionals can better understand today’s complex global business arena by understanding the impact of political and legal factors. The section concludes with a chapter on understanding how cultures are defined and the impact on business interactions and practices with tangible tips for negotiating across cultures. WHERE? Section two develops student knowledge about key facets of the global business environment and the key elements of trade and cooperation between nations and global organizations. Today, with increasing numbers of companies of all sizes operating internationally, no business or country can remain an island. Rather, the interconnections between countries, businesses, and institutions are inextricable. Even how we define the world is changing. No longer classified into simple and neat...

Words: 239764 - Pages: 960

Premium Essay

The World in 2008

...EDITOR'S INTRODUCTION Two big events will frame the year ahead: America’s presidential election and the summer Olympic games in Beijing. The race for the White House will be a marathon, from the front-loaded primary season in January and February to the general election in November. The betting is that the winner will be a Democrat—with a strong chance that a Clinton will again be set to succeed a Bush as leader of the free world. China, meanwhile, will hope to use the Olympics to show the world what a splendid giant it has become. It will win the most gold medals, and bask in national pride and the global limelight. But it will also face awkward questions on its repressive politics. America and China will be prime players in the matters that will concentrate minds around the world in 2008. One of these is the world economy, which can no longer depend on America, with its housing and credit woes, to drive growth. America should—just—avoid recession, but it will be China (for the first time the biggest contributor to global growth) along with India and other emerging markets that will shine. Another focus of attention will be climate change. As China replaces America as the world’s biggest producer of greenhouse gases, serious efforts on global warming depend on the serious involvement of those two countries. If 2007 was the year when this rose to the top of the global agenda, in 2008 people will expect action. It is striking that green is a theme that links all the contributions...

Words: 89030 - Pages: 357

Premium Essay

Julius Ceasar

...OUTLINE OF U.S. HISTORY OUTLINE OF OUTLINE OF U.S. HISTORY C O N T E N T S CHAPTER 1 Early America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 CHAPTER 2 The Colonial Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 CHAPTER 3 The Road to Independence . . . . . . . . . . . . . . . . . . . . . . . . . . 50 CHAPTER 4 The Formation of a National Government . . . . . . . . . . . . 66 CHAPTER 5 Westward Expansion and Regional Differences . . . . . . . 110 CHAPTER 6 Sectional Conflict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 CHAPTER 7 The Civil War and Reconstruction . . . . . . . . . . . . . . . . . . 140 CHAPTER 8 Growth and Transformation . . . . . . . . . . . . . . . . . . . . . . . 154 CHAPTER 9 Discontent and Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 CHAPTER 10 War, Prosperity, and Depression . . . . . . . . . . . . . . . . . . . . 202 CHAPTER 11 The New Deal and World War I . . . . . . . . . . . . . . . . . . . . . 212 CHAPTER 12 Postwar America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 CHAPTER 13 Decades of Change: 1960-1980 . . . . . . . . . . . . . . . . . . . . . 274 CHAPTER 14 The New Conservatism and a New World Order . . . . . . 304 CHAPTER 15 Bridge to the 21st Century . . . . . . . . . . . . . . . . . . . . . . . . . 320 PICTURE PROFILES Becoming a Nation . . . . . . . . . . . . . ....

Words: 104976 - Pages: 420

Premium Essay

Research on Books

...The Subtle Subversion The State of Curricula and Textbooks in Pakistan Urdu, English, Social Studies and Civics (DRAFT COPY) compiled by A. H. Nayyar and Ahmed Salim Sustainable Development Policy Institute Report of the project “A Civil Society Initiative in Curricula and Textbooks Reform” A project of the Sustainable Development Policy Institute #3, UN Boulevard, Diplomatic Enclave I, Islamabad Mailing Address: PO Box 2342, Islamabad, Pakistan Telephone: ++(92-51) 2278134, 2278136, 2270674-6 Fax:++(92-51) 2278135 URL: www.sdpi.org e-mail: main@sdpi.org SDPI is an independent, non-profit research institute on sustainable development Partial support from Eqbal Ahmed Foundation is gratefully acknowledged. 2 Contents Summary Recommendations Chapter 1 Chapter 2 Introduction Insensitivity to the Religious Diversity of the Nation Appendix 1-1: Listing of Material in Curriculum Documents Appendix 1-2: Listing of Material in Textbooks Historical Falsehoods and Inaccuracies Glorification of War and the Military Omissions That Could Have Been Enriching Pedagogical Problems in Primary Education: A Critique of the Curriculum Gender Biases Human Rights Teaching of Urdu, Class 6 to 10 Teaching Social Studies, Class 6 to 10 Peace Studies: a proposed program of studies in schools Curriculum Documents Covered Thoughts on Curriculum Objectives List of participants in the project i iii 1 9 27 53 65 77 89 95 101 111 123 127 131 135 137 139 Chapter 3 Chapter...

Words: 58595 - Pages: 235

Premium Essay

Policies of Tcs

...of JAWAHARLAL NEHRU The Discovery of India JAWAHARLAL NEHRU The Discovery of India DELHI OXFORD UNIVERSITY PRESS OXFORD NEW YORK Oxford University ATHENS (Press, Walton Street, Oxford 0X2 61X2 OXFORD AUCKLAND CAPE TOWN CALCUTTA FLORENCE NEW YORK BANGKOK ISTANBUL MADRID PARIS BOMBAY DELHI KARACHI MELBOURNE SINGAPORE DAR ES SALAAM HONG KONG MADRAS NAIROBI TOKYO KUALA LUMPUR MEXICO CITY TAIPEI TORONTO and associates in BERLIN IBADAN © Rajiv Gandhi 1985 First published 1946 by The Signet Press, Calcutta Centenary Edition 1989 Sixth impression 1994 Printed at Rekha Printers Pvt. Ltd., New Delhi 110020 and published by Neil O'Brien, Oxford University Press YMCA Library Building, Jai Singh Road, New Delhi 110001 To my colleagues and co-prisoners in the A h m a d n a g a r Fort Prison C a m p from 9 August 1942 to 28 March 1945 FOREWORD My father's three books — Glimpses of World History, An Autobiograpy and The Discovery of India — have been my companions through life. It is difficult to be detached about them. Indeed Glimpses was' written for me. It remains t h e best introduction to the story of man for young and growing people in India and all over the world. The Autobiography has been acclaimed as not merely the quest of one individual for freedom, b u t as an insight into the making of the mind of new India. I h a d to correct the proofs of Discovery while my father was away, I think in Calcutta, and I was...

Words: 198694 - Pages: 795

Premium Essay

Bdhs

...Social Change and Modernity Edited By Hans Haferkamp and Neil J. Smelser UNIVERSITY OF CALIFORNIA PRESS Berkeley Los Angeles Oxford © 1992 The Regents of the University of California INTRODUCTION Hans Haferkamp and Neil J. Smelser Haferkamp is grateful to Angelika Schade for her fruitful comments and her helpful assistance in editing this volume and to Geoff Hunter for translating the first German version of parts of the Introduction; Smelser has profited from the research assistance and critical analyses given by Joppke. 1. Social Change and Modernity Those who organized the conference on which this volume is based—including the editors— decided to use the terms "social change" and "modernity" as the organizing concepts for this project. Because these terms enjoy wide usage in contemporary sociology and are general and inclusive, they seem preferable to more specific terms such as "evolution" "progress," "differentiation," or even "development," many of which evoke more specific mechanisms, processes, and directions of change. Likewise, we have excluded historically specific terms such as "late capitalism" and "industrial society" even though these concepts figure prominently in many of the contributions to this volume. The conference strategy called for a general statement of a metaframework for the study of social change within which a variety of more specific theories could be identified. 2. Theories of Social Change Change is such an evident feature of...

Words: 171529 - Pages: 687

Premium Essay

Bas Bhat

...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...

Words: 195907 - Pages: 784