Judges Against Justice On Judges When the Rule of Law is Under Attac
This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happens when states become oppre
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Judges Against Justice
On Judges When the Rule of Law is Under Attack
Judges Against Justice
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Hans Petter Graver
Judges Against Justice On Judges When the Rule of Law is Under Attack
Hans Petter Graver Faculty of Law University of Oslo Oslo, Norway
The author of this book has received financial support from the Norwegian Non-fiction Literature Fund and the E.ON Stipendienfond. ISBN 978-3-662-44292-0 ISBN 978-3-662-44293-7 (eBook) DOI 10.1007/978-3-662-44293-7 Springer Heidelberg New York Dordrecht London Library of Congress Control Number: 2014950244 © Springer-Verlag Berlin Heidelberg 2015 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Acknowledgements
This book was conceived and researched during a sabbatical I spent in 2012– 2013 at the Institut fu¨r deutsches und europa¨isches Gesellschafts- und Wirtschaftsrecht at the Faculty of Law at the University of Heidelberg. I thank my long-time friend and colleague professor Peter-Christian Mu¨ller-Graff for inviting me and taking me under his wings. I also thank my other colleagues at the law faculty in Heidelberg for a wonderful time. My year in Heidelberg was financially supported by the E.ON Stipendienfonds and Norwegian Non-fiction Literature Fund. I would like to thank Jørn Jac
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