The Relationship between Constitutions, Socioeconomics, and the Rule of Law: A Quantitative Thermodynamic Approach

2021 ◽  
Author(s):  
Klaus Jaffe ◽  
Antonio Canova ◽  
Jose Gregorio Contreras ◽  
Ana Cecilia Soares ◽  
Juan Carlos Correa ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Thermodynamic Approach ◽  
The Rule Of Law ◽  
The Relationship

scholarly journals Correlation of Law and Order in Society

2020 ◽  
Vol 37 (64) ◽  
pp. 53-61
Author(s):  
Gabdrakhman H. Valiev ◽  
Sergey V. Kondratyuk ◽  
Natalia A. Prodanova ◽  
Irina A. Babalikova ◽  
Kermen I. Makaeva ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Modern Society ◽  
Legal Regulation ◽  
Law And Order ◽  
The Rule Of Law ◽  
Human Rights Organizations ◽  
Relationship Of ◽  
The Relationship ◽  
Concrete Reality

The problem of the relationship of law and order is relevant to any modern society. The article tries to analyze this relationship, taking into account judicial, police and other activities. The named concepts are closely interconnected, but are not identical. They are correlated as cause and effect: there is a rule of law, there is no rule of law. One suggests the other. The rule of law as concrete reality logically precedes the rule of law as a doctrine, the connection here is hard, causal. The process is one. Law and order: a real indicator of the state of legality, reflects the degree of compliance with the laws, the requirements of all legal regulations. It is concluded that the rule of law is the end result of the implementation of legal requirements and, at the same time, the objective of legal regulation, since it is for the formation and maintenance of the rule of law that laws are issued, thus like other regulatory legal acts, various institutions and bodies and, above all, the justice system, the control system, various human rights organizations and social movements.

scholarly journals CORRUPTION, CAPITAL ABUNDANCE AND ECONOMIC DEVELOPMENT: EVIDENCE FROM THE EUROPEAN UNION COUNTRIES

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc
Keyword(s):  
European Union ◽  
Economic Development ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Explanatory Power ◽  
The European Union ◽  
The Rule Of Law ◽  
European Union Countries ◽  
The Relationship

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.

scholarly journals Connecting Reproductive Rights, Democracy, and the Rule of Law: Lessons from Poland in Times of COVID-19

2021 ◽  
Vol 22 (6) ◽  
pp. 1072-1097
Author(s):  
Atina Krajewska
Keyword(s):  
Rule Of Law ◽  
Reproductive Rights ◽  
The Rule Of Law ◽  
Abortion Law ◽  
Polish Society ◽  
History Of ◽  
Constitutional Tribunal ◽  
Litmus Test ◽  
The Relationship

AbstractThis article examines the relationship between reproductive rights, democracy, and the rule of law in transitional societies. As a case study, it examines the development of abortion law in Poland. The article makes three primary claims. First, it argues that the relationship between reproductive rights and the rule of law in Poland came clearly into view through the abortion judgment K 1/20, handed down by the Constitutional Tribunal in the middle of the COVID-19 pandemic. The judgment and the context in which it was issued and published are interpreted as reflections of deep-lying processes and problems in Polish society. Consequently, second, the article argues that analysis of the history of reproductive rights in recent decades in Poland reveals weak institutionalization of the rule of law. This is manifest in the ways in which different professional groups, especially doctors and lawyers, have addressed questions regarding abortion law. Therefore, third, the article argues that any assessment of the rule of law should take into account how powerful professional actors and organizations interact with the law. The Polish case study shows that reproductive rights should be seen as important parts of a “litmus test,” which we can use to examine the efficacy of democratic transitions and the quality of the democracies in which such transitions result.

scholarly journals A European convergence towards a stare decisis model?

2015 ◽  
pp. 173 ◽  
Author(s):  
Stefano Civitarese
Keyword(s):  
Rule Of Law ◽  
Deep Understanding ◽  
The European Union ◽  
Stare Decisis ◽  
The Rule Of Law ◽  
Law System ◽  
Legal Space ◽  
The One ◽  
The Relationship

The article revolves around the doctrine of precedent within the so-called European legal space, wondering whether and to what extent we can speak of a convergence towards a stare decisis model boosted by the harmonizing role of the Court of Justice of the European Union. The article argues that although there are still some differences between civil law and common law legal systems they regard more the style of reasoning and the deep understanding of the relationship between the present decision of a court and past judicial decisions than the very existence of the constraints of the latter upon the former. The article concludes that a sort of mechanism of stare decisis has in fact been created, even though, on the one hand, uncertainty remains as to the way in which the binding force of a precedent concretely operates in the system, and on the other hand, this mechanism relates exclusively to the relationships between past and future decisions of higher courts (horizontal effect). This change, far from being a shift towards a truly judge-made law system or a consequence of the final abandonment of the dictates of the rule of law, enhances legal certainty contributing to the fundamental requirement of stability of law as a feature of the ideal of the rule of law.

The Moral Dimension of Constitutional Faith

2011 ◽  
Author(s):  
Sanford Levinson
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
Social Order ◽  
Moral Dimension ◽  
The Rule Of Law ◽  
Law And Morality ◽  
The Relationship

This chapter considers the relationship between the Constitution—and the sovereign people ostensibly represented in its terms—and morality. Constitution faith requires the linkage of law and morality even as most twentieth-century jurisprudence has emphasized their analytic separation. All calls for renewed faith in the rule of law and renewal of the constitutional covenant imply that submission to the Constitution will create not only order but also the conditions of a social order worthy of respect. In order to see the logic and desirability of submission to the rule of the Constitution, the assumed linkage between it and morality must be closely examined.

Conclusion

Equity ◽  
2018 ◽  
pp. 189-196
Author(s):  
Irit Samet
Keyword(s):  
General Solution ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
The Relationship

In this concluding chapter I discuss some findings from the analysis of three of Equity’s fundamental doctrines we explored: fiduciary law, proprietary estoppel, and clean hands. I wish to highlight the traits they share and consider the relationship between the legal ideals of efficiency and Accountability Correspondence which they exemplify. Drawing up the strings of the last three chapters will also reveal how the courts use the category of conscionability to ensure that the value of the Rule of Law is sacrificed only in cases where it is necessary to maintain a healthy balance with Accountability Correspondence, in a way that also serves efficiency. Finally, I wish to show how the discussions of the specific doctrines support the argument that the fusion project as a general solution to the friction between law and Equity ought to be rejected.

UN Peacekeeping and the Rule of Law

2020 ◽  
pp. 1-18 ◽  
Author(s):  
ROBERT A. BLAIR
Keyword(s):  
Economic Growth ◽  
Rule Of Law ◽  
Good Governance ◽  
Law Reform ◽  
The Rule Of Law ◽  
Un Peacekeeping ◽  
The Impact ◽  
The Relationship

The UN is intimately involved in efforts to restore the rule of law in conflict and postconflict settings. Yet despite the importance of the rule of law for peace, good governance, and economic growth, evidence on the impact of these efforts is scant. I develop a theory to explain when UN rule-of-law reform is likely to succeed, then test the theory using original datasets capturing the number of civilian personnel deployed to each UN mission in Africa, the number of personnel assigned specifically to rule-of-law-related tasks, and the extent and nature of actual rule-of-law-related activities in the field. The correlation between UN presence and the rule of law is weak while conflict is ongoing, but robustly positive during periods of peace. The relationship is stronger for civilian than uniformed personnel, and is strongest when UN missions engage host states in the process of reform.

Part III The Relationship Between the Judiciary and the Political Branches, 7 Super-presidentialism in Angola and the Angolan Judiciary

2016 ◽  
Author(s):  
Thomashausen André
Keyword(s):  
Rule Of Law ◽  
The Political ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Constitutional State ◽  
History Of ◽  
The Relationship ◽  
Parliamentary Oversight ◽  
Supply Information

This chapter recounts the history of constitutional developments in Angola leading up to the 2010 constitution. It introduces the new Angolan Constitutional Court and discusses the first and thus far only substantive decision of this Court—the Parliamentary Oversight Judgment of 9 October 2013—a serious constitutional conflict between parliament and the president. The Court held that the 2010 constitution had reduced the powers of parliament as compared to the previous text and that parliament lacked the power to question the executive or to summon ministers to hearings before it. Since these are presidential powers, the Court held, parliament may not arrogate them, though it may request the president to supply information or order his ministers before it. Although the conservative leaning of the Court in this dispute disappointed the opposition and many commentators, the judgment strengthened the rule of law and of the constitutional state.

Support for Liberal Democracy and Populist Attitudes: A Pilot Survey for Young Educated Citizens

2020 ◽  
pp. 147892992094585
Author(s):  
Lisa Zanotti ◽  
José Rama
Keyword(s):  
Rule Of Law ◽  
Liberal Democracy ◽  
Majority Rule ◽  
Theoretical Level ◽  
Young Voters ◽  
The Rule Of Law ◽  
Pilot Survey ◽  
The Relationship ◽  
Levels Of Support ◽  
Better Than

At the theoretical level, even if populism and democracy are not necessarily antithetical, the former challenges the liberal component of democracy, advocating for the majority rule and putting under stress the principles of the rule of law. To test the relationship between liberal democracy and populism, we created four new questions that measure the support for liberal democracy conceived as a trade-off with different policies. We tested our battery of questions in a pilot survey with educated young voters. The results show that those individuals who exhibit lower levels of support for liberal democracy are the ones with higher populist attitudes. This might be due to the fact that the original battery of questions grasps the level of support for liberal democracy better than the standard ‘Churchillian’ question.

Promoting the Rule of Law through the Principle of Subsidiarity in the African Union: A Critical Perspective

2019 ◽  
Vol 8 (1) ◽  
pp. 27-51
Author(s):  
O’Brien Kaaba ◽  
Babatunde Fagbayibo
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Eastern Africa ◽  
African Union ◽  
Critical Perspective ◽  
Regional Economic ◽  
Strict Adherence ◽  
The Rule Of Law ◽  
The Relationship ◽  
Consistent Approach

The relationship between African Union (AU) and Regional Economic Communities (recs) frameworks, especially as it relates to the application of the principle of subsidiarity to intervention that aims to ensure strict adherence to democratic standards, is at the heart of this article. Although there exists a 2007 ‘Draft Protocol on the Relations Between the African Union and the Regional Economic Communities’, it is yet to be adopted, and more importantly, its provisions are ambiguous. The same problem of ambiguity applies to the 2008 ‘Memorandum of Understanding (mou) on Cooperation in the Area of Peace and Security Between the African Union, The Regional Economic Communities and the Coordinating Mechanism of The Regional Standby Brigades of Eastern Africa and Northern Africa’. The lack of a consistent approach to situations in Burundi, The Gambia and Zambia, has since raised the question of subsidiarity, or to put it more specifically, the vague articulation of the concept in the AU. In redressing this problem, the article provides some normative suggestions on how to ensure the effective application of the principle of subsidiarity in advancing democracy and good governance in Africa.

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