Law and Economic Development: The Cautionary Tale of Colonial Burma

2014 ◽  
Vol 1 (1) ◽  
pp. 165-181 ◽  
Author(s):  
Thomas H. STANTON
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Large Scale ◽  
International Standards ◽  
Social Forces ◽  
Colonial History ◽  
The Rule Of Law ◽  
Economic Role ◽  
Independent Judiciary ◽  
The People

AbstractBurmese colonial history suggests that a legal system cannot operate independently from the felt needs of the people who are supposed to obey the law. Despite a monopoly of force for many decades, the British failed to create a sustainable legal system in Burma. Colonial status shifted Burma’s economic role from subsistence agriculture to the generation of large-scale exports. By undermining the traditional Burmese legal system and substituting Western international standards of property rights, enforceability of contracts, and an independent judiciary—all attributes of what some consider to be the “Rule of Law”—the legal system amplified and channelled destructive economic and social forces rather than containing them. This paper examines traditional Burmese law, the administration of law in British Burma, and the consequences of the new legal system for the country and its own stability. The paper concludes by suggesting lessons for Myanmar today, and for the study of the “Rule of Law.”

scholarly journals Peculiarities of insight of the European charter on the status of judges in the context of protecting their labor rights

2018 ◽  
Vol 28 (4) ◽  
pp. 16-22
Author(s):  
M. Dei ◽  
A. Kochkova
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Regulation ◽  
Judicial System ◽  
International Standards ◽  
Labor Rights ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
The Status ◽  
Protection Of Human Rights

The paper is devoted to questions of legal regulation of the peculiarities of insight the principles of the European Charter on the Status of Judges in the context of their labor rights in accordance with the legislation of Ukraine. It is clear that the development of the rule-of-law state, the protection of human rights and the rule of law are impossible without the effective functioning of the legal system, where one of the components of the judicial system . That is why the relevant legal system must realize the decree where a person is of the highest social value, despite the fact that those who administer justice also need proper protection. That is, it should be noted that the rights of judges as employees, taking into account the specifics of their work and status, should also be protected by the state. In joining the European community of international law, special attention should be paid to certain international standards concerning regulating relevant issues, where the European Charter on the Status of Judges of 1998, adopted within the Council of Europe, which in its turn is declarative, places particular emphasis. This document concerns, for example, issues such as appointment, status of judges, career development, responsibility, termination of judge's powers, etc. The characteristic of this document in the context of the subject under study is that most of the decree is devoted precisely to the labor rights of judges. Obviously, such decrees have become a progressive push for appropriate changes to the laws of the member states of the Council of Europe, where Ukraine did not become an exception, especially in the context of reforming the judicial system.

scholarly journals LAW POLITIC OF ADMINISTRATIVE COURT JUDICATURE IN INDONEESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 47
Author(s):  
Wahyu Mukti Beny Setiyawan ◽  
Fitriya Desi Wulandari
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
The Rule Of Law ◽  
The People ◽  
The Law ◽  
Administrative Courts ◽  
Administrative Justice

Law politic present at the point of encounter between living realism and the demands ofidealism. Political law concerns on an ideal or hope, then there is a legal vision that is setin advance, then the form and content of the law are built to realize that vision. Theurgency existence of administrative justice in realizing the rule of law encourages thegovernment to establish a legal system in the field of administrative justice through theestablishment of Law Number 51986 about State Administrative Courts, which is thefoundation for the establishment of a State Administrative Court in Indonesia. In theexplanation of Law Number 5 of 1986 stated that the State Administrative Court was heldin order to provide protection to the people seeking justice, which felt themselves to beharmed by a State Administrative Decision. Principly, a country is expected to giveprotection for the human rights of its citizens

scholarly journals INTERNATIONAL LEGAL TERMS THE INDEPENDENCE OF THE JUDICIARY AND TRANSITOLOGICAL FEATURES OF CONSTITUTIONAL DEVELOPMENT IN THIS AREA

2017 ◽  
pp. 0-0
Author(s):  
Гагик Арутюнян ◽  
Gagik Arutyunyan
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
Constitutional Reform ◽  
International Standards ◽  
Constitutional Development ◽  
The Rule Of Law ◽  
Existing Problems ◽  
Independent Judiciary ◽  
Venice Commission ◽  
Judicial Procedure

In the context of the activities of the European Commission for Democracy through Law (Venice Commission) the article presents a brief analysis of the constitutional provisions enshrining the guarantee of the independence of the judiciary, their compliance with the international standards in this field. Also the author has made a comparative analysis of the rule of law index, in the result, he has concluded that the countries of Eastern Europe in average the conditions and independence of the judiciary are unsatisfactory. Using the amendments to the Constitution of Armenia in 2015, the author provides examples of new constitutional solutions to overcome the current situation and existing problems in the process of formation and functioning of an independent judiciary. During the constitutional reform of 2015 were reformulated the fundamental rights to address complains to the international bodies. The rules on election and appointment of judges were changed, for example the delay of the exercise of the office of president of courts was modified. The High Judges Council was established having as its main purpose the protection of judges’ independence. Some changes were introduced to the judicial procedure having as a main goal its democratization.

scholarly journals A Structuralist Concept of the Rule of Law

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Alani Golanski
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Social Economic ◽  
The Rule Of Law ◽  
The Public ◽  
First Order ◽  
Conceptual Definition ◽  
The People ◽  
Healthy Functioning ◽  
Basic Level

AbstractThe prevalent approach to the concept of the rule of law among legal theorists puts attributes first, assigning certain features of laws and sometimes legal systems as rule-of-law virtues. Inquiring at a more basic level, this paper advances a novel, structuralist view of the rule of law. While honoring theoretical constraints that guard against diluting the rule-of-law concept too thinly as a remedy for myriad societal ills, this approach shows that the concept implicates inequalities sustained by a society’s social, economic, and political structures. This is accomplished by demonstrating that the rule-of-law project holds a structural position in the collective normative discourse as a vehicle by which people morally evaluate the interplay between the actual capabilities of individuals and groups to participate in law, and the legal system’s treatment of those individuals and groups.Law’s procedural outputs may formally provide the public with access to the legal system, but the rule-of-law project goes to the actual capabilities of the people to access the system in reality, to have a fair opportunity to participate in the inputs into the system, and to have that participation impartially adjudicated. Conditions impacting a diversity of stakeholders – and particularly the most disadvantaged within the population – perturb the virtues typically associated with the rule-of-law ideal when those conditions, and the power exercised to maintain them, impair capabilities for fair, dignified, and equal access to legal processes.Understanding the rule of law in structuralist terms, as an informal moral operator, (1) makes sense of the schism we normally accept between the concepts of law and the rule of law, (2) reorients the source of rule-of-law thinking from theorists bent on fixing a conceptual definition to communities engaged in first-order interactions with the legal system, (3) helps explain why citizens come not only to expect law to constrain official coercive powers but also to demand that law promote their actual capabilities to participate in the legal system on an egalitarian and dignitarian footing, and hence (4) implicates a critique of conditions of political and material inequalities that cannot but impair the healthy functioning of the rule-of-law project.

The Path to the Rule of Law—An Overall Review of Legal Reform, Crime and the Judicial System During the Transition Era in China

2019 ◽  
Vol 7 (1) ◽  
pp. 46-56
Author(s):  
Ziwei Qi
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Reform ◽  
Criminal Code ◽  
Judicial System ◽  
Social Forces ◽  
The Rule Of Law ◽  
Republic Of China ◽  
The Social ◽  
Political Forces

In order to understand crime and the legal system in the People’s Republic of China (P.R.C.), it is necessary to understand the components of a crime and the structure of the judicial system in the P.R.C. By examining the elements of crime from the written criminal code and by analysing the structure of the judicial system, we will find some procedural and substantive challenges to appeal, which might contradict the philosophy of unbiased judicial principles. The article also explores possible social and political forces that might affect the direction of legal reform in China. The author aims to provide the readers with a basic overview of the judicial system in China and the social forces behind the current legal reform towards the rule of law.

scholarly journals An Overview on Different Legal Systems and the Reflection in Kosovo

2015 ◽  
Vol 1 (2) ◽  
pp. 39
Author(s):  
Samedin Mehmeti
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Large Scale ◽  
The State ◽  
Legal Systems ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Contemporary World ◽  
The Right ◽  
Rules Set

The state apparatus represents one of the fundamental elements of the development of contemporary society. While the right and law represents a basic understanding of the existence of the state power that performs in order to preserve a balance between the action which is accepted by society and other behaviors that by law are prohibited. The state actions principally are based on the rule of law, namely the legal system accepted or elected by people. Studying different legal systems, it shows that there are similarities more than the differences between them. Despite very different legal cultures, processing methods and institutions, different legal systems exhibit convergence in the treatment of different legal issues. As a result of these processes, many of the differences between common law and civil law now look more like nuances rather than as major differences. The differences are mostly pronounced in the styles of using legal argument, methodology, content and legal norms etc. Various legal systems, using different tools, aimed at the same purpose, and similar results are often taken from different justifications. Often it happens in practice that, despite the use of diverse tools and methods, they arrive at the same solutions or similar ones and it certainly that should not be surprising. So it can rightly be concluded that despite many changes, legal systems aim at achieving the same objective. While generally the target of the state is always and in any system the implementation of norms and rules set in advance, what the contemporary world tends to be considered as respect for the rule of law. In general, the objective of the state authorities in every system is the implementation of the norms and rules set in advance, that concept in the contemporary world tends to be considered as respect for the rule of law. Since Kosovo was part of the former Yugoslav federation and practically until the end of the war of 1999, in the absence of state sovereignty and subjectivity, people of Kosovo were not in a position to choose, like other sovereign nations which legal system will be applied on their lives. Without the will of the citizens, in Kosovo was applied a type of Continental legal system, with certain specific elements that were mostly common in other countries of former Eastern European Communist bloc. In the first years after liberation, until new legislation was passed through the legislative system, it was continued with the older system, through some minor changes. While at a later stage after the adoption of the new legislation, was introduced a large scale reform to the exciting system through the application of the combination of elements of Anglo-Saxon system, this reform which is to this day is in process as well.

scholarly journals An Overview on Different Legal Systems and the Reflection in Kosovo

2015 ◽  
Vol 2 (1) ◽  
pp. 39
Author(s):  
Samedin Mehmeti
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Large Scale ◽  
The State ◽  
Legal Systems ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Contemporary World ◽  
The Right ◽  
Rules Set

The state apparatus represents one of the fundamental elements of the development of contemporary society. While the right and law represents a basic understanding of the existence of the state power that performs in order to preserve a balance between the action which is accepted by society and other behaviors that by law are prohibited. The state actions principally are based on the rule of law, namely the legal system accepted or elected by people. Studying different legal systems, it shows that there are similarities more than the differences between them. Despite very different legal cultures, processing methods and institutions, different legal systems exhibit convergence in the treatment of different legal issues. As a result of these processes, many of the differences between common law and civil law now look more like nuances rather than as major differences. The differences are mostly pronounced in the styles of using legal argument, methodology, content and legal norms etc. Various legal systems, using different tools, aimed at the same purpose, and similar results are often taken from different justifications. Often it happens in practice that, despite the use of diverse tools and methods, they arrive at the same solutions or similar ones and it certainly that should not be surprising. So it can rightly be concluded that despite many changes, legal systems aim at achieving the same objective. While generally the target of the state is always and in any system the implementation of norms and rules set in advance, what the contemporary world tends to be considered as respect for the rule of law. In general, the objective of the state authorities in every system is the implementation of the norms and rules set in advance, that concept in the contemporary world tends to be considered as respect for the rule of law. Since Kosovo was part of the former Yugoslav federation and practically until the end of the war of 1999, in the absence of state sovereignty and subjectivity, people of Kosovo were not in a position to choose, like other sovereign nations which legal system will be applied on their lives. Without the will of the citizens, in Kosovo was applied a type of Continental legal system, with certain specific elements that were mostly common in other countries of former Eastern European Communist bloc. In the first years after liberation, until new legislation was passed through the legislative system, it was continued with the older system, through some minor changes. While at a later stage after the adoption of the new legislation, was introduced a large scale reform to the exciting system through the application of the combination of elements of Anglo-Saxon system, this reform which is to this day is in process as well.

Determinanty wewnętrzne polityki zagranicznej Ukrainy pod rządami Wołodymyra Zełenskiego

2019 ◽  
Vol 17 (1) ◽  
pp. 123-141
Author(s):  
Tomasz Stępniewski
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Political System ◽  
Free Market ◽  
Stable State ◽  
Free Market Economy ◽  
The Rule Of Law ◽  
The People ◽  
Internal Politics ◽  
Research Questions

The present paper discusses the following research questions: to what extent did errors made by the previous presidents of Ukraine result in the country’s failure to introduce systemic reforms (e.g. combating corruption, the development of a foundation for a stable state under the rule of law and free-market economy)?; can it be ventured that the lack of radical reforms along with errors in the internal politics of Ukraine under Petro Poroshenko resulted in the president’s failure?; will the strong vote of confidence given to Volodymyr Zelensky and the Servant of the People party exact systemic reforms in Ukraine?; or will Volodymyr Zelensky merely become an element of the oligarchic political system in Ukraine?

Rule of law and the scope of interpretation of legislative provisions in the process of judicial and administrative review. Remarks against the background of the phenomenon of „lawmaking” of administrative courts

2021 ◽  
Vol 2(24) ◽  
pp. 373-387
Author(s):  
Przemysław Wilczyński
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal System ◽  
The Rule Of Law ◽  
Basic Criterion ◽  
Administrative Review ◽  
Administrative Courts ◽  
The Republic ◽  
Insight Into

The rule of law, as stipulated in article 7 of the Constitution of the Republic of Poland, is one of the fundamental principles shaping the functioning of public administration in the Republic of Poland. Legality of the functioning of public administration is also accepted as the basic criterion of judicial and administrative review of the actions taken by the administration. However, judgments of administrative courts often go outside the boundaries of findings that could be made based on linguistic interpretation of legislative provisions, by referring to the rules of the legal system, including in cases where no doubts exist with regards to the interpretation of provisions. The aim of this paper is to offer insight into the basis and nature of doubts encountered with regards to the admissibility of the use of non-linguistic interpretation by administrative courts where the use of such interpretation does not appear to be required.

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