American Constitutional Analysis and a Substantive Understanding of the Rule of Law

2014 ◽  
pp. 251-266 ◽  
Author(s):  
Robin Charlow
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Constitutional Analysis

scholarly journals From rhetoric to action, a constitutional analysis of populism

2019 ◽  
Vol 20 (3) ◽  
pp. 362-381 ◽  
Author(s):  
Théo Fournier
Keyword(s):  
Comparative Study ◽  
Rule Of Law ◽  
Essential Role ◽  
Constitutional Democracy ◽  
Theoretical Assumption ◽  
The Rule Of Law ◽  
Presidential System ◽  
Common Strategy ◽  
Comprehensive Reform ◽  
Constitutional Analysis

AbstractThe article considers populism not as common ideology but as a common strategy for implementing various distinct ideologies. Constitutional democracy and populist strategy are inherently connected. Populist strategies develop a specific rhetoric which takes root in the features of constitutional democracy. The populist rhetoric manipulates the rule-of-law and the majoritarian pillars of constitutional democracy by convincing a fictional majority that constitutional democracy gives rise to a tyranny of minorities. Populism in action represents the second facet of the populist strategy. It corresponds to a specific constitutional strategy of legal and constitutional reforms aiming at disrupting constitutional democracy. After exposing my theoretical assumption, I move to a comparative study of two countries, France and Hungary, selected according to the most different cases approach. I analyze first how Viktor Orban based his constitutional strategy on a progressive deconstruction of the post-communist legacy. I study then how Marine le Pen’s strategy consisted of a comprehensive reform of the French semi-presidential system via referendum. I finally conclude by recalling the essential role academics have to play in the fight against populism. My last point is a provocation, what if calling populism by its real diversity (fascism, racism and antisemitism) was the most efficient way to fight them?

scholarly journals Political Office and the Rule of Law in Plato’s Statesman

2018 ◽  
Vol 35 (2) ◽  
pp. 401-417
Author(s):  
Anders Dahl Sørensen
Keyword(s):  
Rule Of Law ◽  
Recent Discussion ◽  
The Rule Of Law ◽  
Constitutional Order ◽  
Starting Point ◽  
Political Office ◽  
And Control ◽  
Constitutional Analysis ◽  
The Ideal

Abstract The article discusses the relation between political office (archē) and the rule of law in Plato’s dialogue Statesman. Taking its starting-point from an observation about the Statesman’s peculiar approach to constitutional analysis, the article argues that what Plato is concerned to show is how the reconceptualisation of the role of law in government proposed in that dialogue has important implications for what we take the role of the institution of office-holding to be. While Greek political tradition held the main aim of archē to be the formal circumscription and control of official power within a constitutional order, Plato insists that it should primarily be understood as ensuring that the exercise of political power approximates, by means of law, the ideal rule by a political expert. The article ends by pointing out how this reading complements another recent discussion of office-holding in the Statesman.

On the Rule of Law

2004 ◽  
Author(s):  
Brian Z. Tamanaha
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law

Changing the rule of law

IEE Review ◽  
1989 ◽  
Vol 35 (6) ◽  
pp. 218
Author(s):  
Clifford Gray
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law

Changing the rule of law

IEE Review ◽  
1989 ◽  
Vol 35 (1) ◽  
pp. 24
Author(s):  
H. Aspden
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law

A Review of the Electoral Process under Ghana's Fourth Republic

2020 ◽  
Vol 28 (3) ◽  
pp. 355-377
Author(s):  
Lydia A. Nkansah ◽  
Delali A. Gawu
Keyword(s):  
Rule Of Law ◽  
Electoral Process ◽  
The Rule Of Law ◽  
Members Of Parliament ◽  
Electoral Cycle ◽  
Fourth Republic ◽  
General Elections ◽  
Election Results

There have been seven general elections, under Ghana's Fourth Republic, to elect presidents and members of parliament. There are laws regulating the electoral process and election results have generally been accepted and, in a few cases, challenged through the laid-down process. Elections in Ghana are nonetheless reportedly flawed with irregularities tainting the outcome and creating tensions and sometimes pockets of violence. This article examines the electoral process under Ghana's Fourth Republic, namely the adoption of regulations for each electoral cycle, voters’ registration and the voters’ register, nomination of aspirants, voting, counting of votes and declaration of the results. To ensure the integrity of the electoral process, the laws regulating elections should comply with the dictates of the procedural requirements of the rule of law and the Electoral Commission's actions must be consistent with these laws.

Samuel Beckett and the Rule of Law

1993 ◽  
Vol 3 (1) ◽  
pp. 71-72
Author(s):  
Phil Baker
Keyword(s):  
Rule Of Law ◽  
Samuel Beckett ◽  
The Rule Of Law

Debates on the Rule of Law and Why They Matter

2017 ◽  
Vol 1 ◽  
Author(s):  
David Mednicoff
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law
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