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Karina Rider - One of the best experts on this subject based on the ideXlab platform.

  • the privacy paradox how market privacy facilitates Government surveillance
    Information Communication & Society, 2017
    Co-Authors: Karina Rider
    Abstract:

    ABSTRACTAlthough most surveillance studies scholars assume privacy is antithetical to surveillance, critics have recently warned that privacy-based criticisms may facilitate surveillance. That being said, we do not yet have data that show whether privacy claims were used in the past to legitimate Government surveillance. This paper addresses that gap by analyzing claims made over one of the U.S.’s most controversial surveillance issues: Government control over encryption technologies. A review of Congressional hearings and statements on the Congressional Record (n = 112) reveals that from 1993 to 1999, public debates were dominated by a market liberalization discourse in which participants supported loosening encryption controls as a way to protect privacy from criminal intrusions in market transactions. Also playing a role was a strong skepticism toward Government Power and a preference for markets as managers of crime prevention. Challenged by these critiques, lawmakers withdrew regulatory proposals and...

Angela Davis - One of the best experts on this subject based on the ideXlab platform.

Svetlana Kosterina - One of the best experts on this subject based on the ideXlab platform.

Adem Abebe - One of the best experts on this subject based on the ideXlab platform.

  • rule by law in ethiopia rendering constitutional limits on Government Power nonsensical
    2012
    Co-Authors: Adem Abebe
    Abstract:

    Rule of law is one of the most controversial yet universally appealing contemporary legal political concepts, a buzzword for a range of actors - political leaders, international organisations and academics. Jumping on the bandwagon, the Ethiopian Constitution aims to build 'a political community founded on the rule of law' and conditions the success of this laudable goal on the full respect of individual and people's fundamental freedoms and rights. Scholars have distinguished between formal and substantive, "thin" and "thick" conceptions of the rule of law. This paper will assess the constitutional basis and understanding of the rule of law and limits on Government Power in Ethiopia. It discusses the manifestation of rule by law or the law of rules (much in line with the thin or formal conceptions of rule of law) in practice particularly since the most contested 2005 Ethiopian elections. The article also identifies the different factors that breed and reinforce rule by law and the defiance of the constitutional limits on Government Power, including those limits embodied in the human rights guarantees. Given the insignificant influence of opposition and civil society groups lacking the capacity to generate the necessary pressure to induce change from below, the paper is pessimistic about the potential of achieving substantive rule of law in Ethiopia in the near future.

  • Rule By Law in Ethiopia: Rendering Constitutional Limits on Government Power Nonsensical *
    2012
    Co-Authors: Adem Abebe
    Abstract:

    Rule of law is one of the most controversial yet universally appealing contemporary legal political concepts, a buzzword for a range of actors - political leaders, international organisations and academics. Jumping on the bandwagon, the Ethiopian Constitution aims to build 'a political community founded on the rule of law' and conditions the success of this laudable goal on the full respect of individual and people's fundamental freedoms and rights. Scholars have distinguished between formal and substantive, "thin" and "thick" conceptions of the rule of law. This paper will assess the constitutional basis and understanding of the rule of law and limits on Government Power in Ethiopia. It discusses the manifestation of rule by law or the law of rules (much in line with the thin or formal conceptions of rule of law) in practice particularly since the most contested 2005 Ethiopian elections. The article also identifies the different factors that breed and reinforce rule by law and the defiance of the constitutional limits on Government Power, including those limits embodied in the human rights guarantees. Given the insignificant influence of opposition and civil society groups lacking the capacity to generate the necessary pressure to induce change from below, the paper is pessimistic about the potential of achieving substantive rule of law in Ethiopia in the near future.

Timothy Sandefur - One of the best experts on this subject based on the ideXlab platform.

  • In Defense of Substantive Due Process, or, The Promise of Lawful Rule
    Harvard Journal of Law and Public Policy, 2011
    Co-Authors: Timothy Sandefur
    Abstract:

    Perhaps no doctrine in constitutional law is more often attacked than the theory of “substantive due process.” Lawyers, law professors, and judges have denounced and ridiculed the idea for decades. While there have been several excellent explanations and defenses of the doctrine – especially from an historical basis – there remains a need for a conceptual explanation of how due process works in its substantive and procedural dimensions. Drawing on political philosophy and history, this essay seeks to fulfill that need and to understand substantive due process on its own terms. I contend that the due process of law guarantee is an effort to reduce Government Power to a comprehensible, rational, and principled order – to require Government to act lawfully, where lawfulness incorporates norms of generality, regularity, fairness, rationality and public-orientation. The Due Process Clause promises that Government will not act without good reasons. What sorts of reasons are “good” is a normative question, but the Constitution is a normative document, and while contemporary discourse often treats normative matters as irrational, subjective preferences, the Due Process Clause is based on the premise that there is a genuine difference between law and arbitrary command; between justice and mere force.