Highest Courts And Globalisation

This book covers how Liberal institutions – constitutional democracy, economic markets, liberal courts, free trade, international human rights – around the world are under assault by the political right and we are witnessing the emergence of post-liberal institutions. These post-liberal institutions are founded on the core conviction that the actions of liberal institutions including the United States Supreme Court are patently unjust. This volume makes the case against post-liberal courts and justice by reconnecting to the principles of moral equality and dignified freedom for all. The intention is to show how there is great untapped potential in the work of Ronald Dworkin’s work to demonstrate that it can help progressive liberals think through the great issues of the day and respond to the contemporary criticisms of the political right. The core themes are concretely illustrated by focusing on some of the most controversial recent post-liberal decisions of the Supreme Court, ranging from election funding to abortion to race-sensitive affirmative action, to economic inequality in an age of increasingly unequal opportunities.

This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a “responsible history” normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court.