scholarly journals THE ASPECT OF CONFLICT BETWEEN PATERNALISM AND CONSTITUTIONALISM IN KOREAN CONTEMPORARY SOCIETY

2019 ◽  
Vol 4 ◽  
pp. 89-106
Author(s):  
Kyong-geun OH
Keyword(s):  
Rule Of Law ◽  
Equal Opportunity ◽  
Weak Sense ◽  
Developed Countries ◽  
Contemporary Society ◽  
Korean Society ◽  
The Rule Of Law ◽  
Advanced Society ◽  
Fair Competition ◽  
Just Society

As of the 21st century, Koreans are struggling to achieve an advanced society. Material abundance may be a prerequisite for advanced society, but what is more important and essential is transparent and just society implementation in which an equal opportunity is given to all members of society and fair competition is ensured by fair rules. Unfortunately, in the Korean society, almost in all the layers of it, corruption and injustice/ immorality are still rampant.I believe that such a phenomenon comes from the weak sense of the rule of law in Korean society compared with the other developed countries. Therefore, this paper considers the structure of consciousness of Koreans, which makes such things possible and makes it harder to eradicate, centered on Confucianism which emphasizes humanism or paternalism rather than the rule of law, and the mindset/ consciousness of Korean shamanism which does not actively try to fight against evil.

The Rule of Law: The New Leviathan?

1999 ◽  
Vol 12 (1) ◽  
pp. 151-168 ◽  
Author(s):  
Olufemi Taiwo
Keyword(s):  
Rule Of Law ◽  
Philosophical Tradition ◽  
Global Level ◽  
The Rule Of Law ◽  
The World ◽  
Social Ordering ◽  
Soviet Communism ◽  
Just Society ◽  
Different Parts ◽  
The Ideal

These are the best of times for the Rule of Law. In all parts of the world, states, governments, and individuals, have found in the rule of law, at various times, a rallying cry, a principle of social ordering that promises the dawn of a just society that its supporters in Euro-American democracies claim to be its crowning glory, or a set of practices that is a sine qua non of a good society. The pursuit of the ideal is nothing new: after all, even those states where it was observed more often in its breach always paid lip service to it. And the defunct socialist countries of Eastern Europe, while they existed, could not escape its lure even as they sought to give it a different nomenclature—socialist legality. The movement towards the rule of law has accelerated after the collapse of Soviet communism and its foster progeny in different parts of the world. Given the present momentum towards the rule of law and the widespread enthusiasm with which it is being embraced and pursued at the global level, some would consider it somewhat churlish for anyone to inject any note of doubt or caution. This is more so when such a note emanates from Marxist quarters. But that is precisely what I wish to do in this essay. Although I do not intend to rain on the rule of law’s entire parade, I surely propose to rain on a segment of it: the Marxist float. I propose to look at the issue within the context of the Marxist politico-philosophical tradition.

VLADAVINA PRAVA I USLUGE

2021 ◽  
Author(s):  
Dragan Vujisic ◽  
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
Service Sector ◽  
Health Department ◽  
Developed Countries ◽  
Economic Activities ◽  
The Rule Of Law ◽  
Positive Law ◽  
Service Activities ◽  
The Republic

In the first part of the paper are analyzed different views of the rule of law: liberaldemocratic, then positivistic view and, finally, defining of the rule of law as the rule of positive-law order of particular properities. In addition to these the three theoretic orientations, one more classification was pointed out - formal and materaialistic aspect of the rule of law. Besides, the principles and institutions of the rule of law were analyzed: legitimacy of power, division of power, independent judiciary, legitimacy expressed in terms of the ideas of constitution and lawfulness, constitutional guarantees of human and civil rights, existence of free economy and economic activities. The subject of the second part of this paper are services. Nowadays, services are the motor of economic growth and include, especially in developed countries of EU, more then 70% of EDP, employees, new economic subjects, and service activities also make up over 70% of all the activities. The service sector includes different, heterogenic services the number of which is getting higher and higher. The service activities are numerous and performed in various sectors such as trading, communications, financing, government administration, health department, social welfare, media, education, tourism, catering, sport and others. We are all witness to the constant growth of service sector in view of continuous broadening of the range of services and the influence upon the economic development of the state. Law regulations of the services in the Republic of Serbia were analized as well as its harmonization with the law regulations at the level of EU and the need for its further upgrading and improvement.

Social Institutional Explanations of Global Internet Diffusion

2008 ◽  
pp. 3746-3764
Author(s):  
Hongxin Zhao ◽  
Seung Kim ◽  
Taewon Suh ◽  
Jianjun Du
Keyword(s):  
Economic System ◽  
Rule Of Law ◽  
Developed Countries ◽  
The Internet ◽  
Educational Systems ◽  
The Rule Of Law ◽  
Cultural Phenomenon ◽  
Internet Diffusion ◽  
Negative Effect ◽  
Cross Country

This study attempts to examine empirically how social institutional factors relate to Internet diffusion in 39 countries. Based on nine-year cross-country data, the analytical results show that the rule of law, educational systems, and industrialization significantly influenced the global Internet diffusion, while the economic system did not exert significant impact. Uncertainty avoidance as a national cultural phenomenon significantly inhibited the Internet diffusion. This significant and negative effect is particularly true with less developed countries (LDCs).

scholarly journals PRODUK MAKANAN TIDAK SESUAI SPESIFIKASI BERDASARKAN UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

Yustitia ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 121-135
Author(s):  
Saefullah Yamin ◽  
Sari Arta Uli Sihaloho
Keyword(s):  
Rule Of Law ◽  
Consumer Protection ◽  
Legal Protection ◽  
Food Products ◽  
Developed Countries ◽  
Legal Regulations ◽  
The Rule Of Law ◽  
Consumer Rights ◽  
Library Research ◽  
Good Food

Consumer Protection is a form of legal protection given to consumers in their efforts to meet their needs from things that can harm the consumers themselves. Therefore, talking about consumer protection means questioning guarantees or assurances about the fulfillment of consumer rights. In the legal field, this term is still relatively new, especially in Indonesia, while in developed countries consumer protection is discussed along with the development of industry and technology. In this study formulate the problem of how the legal protection of consumers for defective food products and how the responsibility of business actors for defective food products. The research method used is a normative juridical approach with data collection techniques through library research, both primary legal materials, namely reference books and regulations related to consumer protection, secondary legal materials, and tertiary legal regulations. The purpose of this study is to find out how the legal protection of consumers for defective food products and describe how the responsibility of business actors for defective food products. The theory used in this study uses the rule of law theory and the theory of legal protection. In this study, it can be concluded that consumers' rights are protected against products that are not in accordance with what they should be. In the case of sausages containing maggots, it is hoped that business actors or PT. So Good Food compensates for losses and improves quality control in producing its products.

scholarly journals The Rule of Law in Islam: Between Formalism and Substantivism

ICR Journal ◽  
2016 ◽  
Vol 7 (1) ◽  
pp. 65-80
Author(s):  
Tengku Ahmad Hazri
Keyword(s):  
Rule Of Law ◽  
Legal Positivism ◽  
Moral Ideal ◽  
The Rule Of Law ◽  
Legal Principle ◽  
Law And Morality ◽  
Just Society ◽  
The Individual ◽  
Substantive Law ◽  
Modern Nation State

What has passed as the rule of law in Islam is in fact merely the formal features of legal principle, without considering the substantive basis for law as a moral ideal. This article argues for a more substantive understanding of the rule of law that is sensitive to the shariah’s vision of the good and just society. To this end, the article evaluates the distinction between formal and substantive versions of the rule of law, examining the foundation of that distinction in legal positivism and the notion of the dualism of law and morality. The rule of law in Islam will be seen to by-pass such bifurcation and, by being rooted in the shariah, affirm a harmonious legal continuum between the individual and the state. It will also be shown that the rule of law in Islam is organically connected to the question of pluralism and multiculturalism in the context of the modern nation state. The implication this has for an area of substantive law - namely, human rights - will then be considered.

scholarly journals Constitutional Justice

2017 ◽  
Vol 19 (33) ◽  
pp. 135-142
Author(s):  
Anca-Florina Moroșteș ◽  
Narcisa-Mihaela Stoicu
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
Contemporary Society ◽  
The Rule Of Law ◽  
Democratic State ◽  
Constitutional Justice ◽  
The Law

Abstract The paper with the title “Constitutional Justice” aims to analyse a topic of urgent actuality and of particular importance in the contemporary society. We have tried to show in this paper the importance of the Constitutional control in the rule of law. Starting from the idea of necessity of existence of a Constitution in a democratic State and, implicitly, of a body to follow-up the compliance with its provision, we have tried to highlight in this paper the role of Romanian Constitutional Court and not only, by presenting one of its most important attributions which is the control of the law constitutionality.

scholarly journals Restorative Justice in Application for Crime Investigation on Property

2018 ◽  
Vol 1 (2) ◽  
pp. 565
Author(s):  
Ragil Tri Wibowo
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Rule Of Law ◽  
Positive Impact ◽  
Developed Countries ◽  
Mediation Process ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
Legal Proceedings ◽  
Sense Of Justice

Restorative Justice or mediating a settlement out of court or in the absence of legal proceedings, a form of means to enforce the laws that promote justice for those who were litigants. In addition there is the meaning contained in the Restorative Justice or settlement out of court legal settlement that is the rapid acceleration by not leaving the rights of each party and in accordance with the laws of life (living law) which is part of the customs that exist in Indonesian society. However Restorative Justice and mediation in Indonesia there is no definite legal umbrella so that the rule of law has not regulated the process of implementation, but reality on the ground Restorative Justice or mediation process has been commonly carried out and have a positive impact. In the most preferred law enforcement is a sense of justice both the victim and of the perpetrator so that mediation between the parties is very influential in the settlement. In the implementation of Restorative Justice and mediation can only be carried out against the legal process done by children as offenders (minors) with Diversi term, but for other general criminal cases there are no rules that govern them. Restorative Justice and mediation have often carried out in developed countries, but in Indonesia there is no definite rules related to the implementation, therefore we are pushing for the parties berkompenten about the manufacture or preparation of regulations on the enforcement of the failure by a review of the application of Restorative Justice in common criminal case.Keywords: Investigation; The Law Of Life; Restorative Justice.

scholarly journals STRATEGIC DIRECTIONS TO OVERCOMING CORRUPTION: FINANCIAL AND LEGAL PERSPECTIVES

2021 ◽  
Vol 1 (36) ◽  
pp. 481-495
Author(s):  
O. Dluhopolskyi ◽  
A. Farion-Melnyk ◽  
I. Bilous ◽  
N. Moskaliuk ◽  
S. Banakh
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Shadow Economy ◽  
Developed Countries ◽  
Direct Link ◽  
The Rule Of Law ◽  
Long Run ◽  
The World ◽  
Almost All ◽  
Two Sides

Corruption was always intrinsic to all types of economy, but the most developed countries had the smallest level of corruption and this rule worked opposite. But recently, the scope of the problem has increased and changed sharply around the world. This negative phenomenon in a long run is absorbing almost all executive branches. So, the article is devoted to analyzing the main spheres and areas of corruption. Results showed that many countries have high rates in a corrupted society. The article shows the reasons and roots of corruption behavior. Regression analysis for the Rule of Law Index and corruption indicators is carried out with a focus on the relation between ROL Index and CPI, GCI. The direct link between ROL Index and CPI is confirmed empirically (R2 = 0,9155). Also, an indirect link between ROL Index and GCI (R2 = 0,9294), ROL Index and ESG Index is confirmed (R2 = 0,7209). The main recommendations was given to develop and implement the integrated anti-corruption technologies in the tangent spheres: public administration, local self-government, justice, education and medicine, et. Major approaches that define the rule of law were clarified with the aim to prove the interaction between non-compliance of rule of law and the appearance of corruption as a phenomenon. It is considered that the rule of law and human rights are two sides of the same principle that defines the freedom to live worthily without corrupted actions that destroy people’s independence firstly from the shadow economy and secondly from dishonest behavior from different dependent officials.

scholarly journals Rukun Negara as The Preamble to The Federal Constitution

ICR Journal ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 118-120
Author(s):  
Mohamed Azam Mohamed Adil
Keyword(s):  
Rule Of Law ◽  
Advanced Society ◽  
Belief In God ◽  
Federal Constitution ◽  
The People ◽  
Just Society ◽  
Liberal Approach ◽  
Good Behaviour

The call by some groups to incorporate the Rukun Negara as the preamble to the Federal Constitution is timely. The Rukun Negara was first introduced as the national philosophy by the fourth Yang di-Pertuan Agong, the late Sultan of Terengganu, during Merdeka Day in 1970. Among the primary goals of the Rukun Negara are to realise Malaysias ambitions towards enhancing unity among the people; safeguarding the spirit of democracy; establishing a just society; maintaining a liberal approach in addressing diversity; and creating a progressive and technologically advanced society. In fulfilling the above ideals, the Rukun Negara underlines five core principles: Belief in God; Loyalty to the King and Country; Supremacy of the Constitution; Rule of Law; and Good Behaviour and Morality.

scholarly journals Legal bases of formation of democratic transformations through constitutional reforms in the Republic of Kazakhstan

2020 ◽  
Vol 132 (3) ◽  
pp. 8-20
Author(s):  
E. Abdrassulov ◽  
◽  
Kh. Bazhay ◽  
Keyword(s):  
Rule Of Law ◽  
Developed Countries ◽  
Constitutional Reform ◽  
Legal Analysis ◽  
Constitutional Development ◽  
The Rule Of Law ◽  
The People ◽  
Constitutional Reforms ◽  
The Republic ◽  
The Government

The article provides a legal analysis of the specifics of changes and amendments to the Constitution of the Republic of Kazakhstan, adopted at a republican referendum on August 30, 1995, for 25 years (1998, 2007, 2011, 2017, 2019). The analysis shows bold steps to enter the top 30 developed countries, creating our own model of the rule of law through democratic reforms as a result of constitutional reforms in the Republic of Kazakhstan. Particular attention was paid to the 2017 constitutional reform on the redistribution of powers between the branches of government. It provides the basis for strengthening the role and responsibility of parliament and government to citizens in connection with the transfer of powers of the president, the formation of a mechanism of “feedback” between the people and the government through the creation of public councils under central and local executive bodies to express and take into account the views of civil society. In support of the implementation of the reforms are given consistent legal recommendations and logical opinions on the issue of constitutional development.

Sign in / Sign up

Export Citation Format

Share Document