Judges Against Justice

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 happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?

The Judicial Role and the Rule of Law. - Part One: The War of Law: State Repression and the Rule of Law. - Repression of the Judiciary. - Judicial Acceptance of Oppression. - The Opposition. - Part Two: Holding Judges Responsible for Injustice: The Argument for Criminal Liability. - The Condition of Illegality under International Law. - The condition of Illegality and Failed Usurpations. - The Condition of Illegality in Transitional Settings. - Judges in Special Courts. - Justification of Judicial Oppression. - A Special Immunity for Judges? . - Holding Judges Responsible. - Part Three: The Moral Side of Judging: The Positivism Thesis. - What Positivism? . - Alternative approaches to Legal Interpretation. - Beyond Legal Theory as Explanation. - The Lesser Evil. - Judges for Justice.