Conflict of Interest and the Canadian Constitution: An Analysis of Conflict of Interest Rules for Canadian Cabinet Ministers

1990 ◽  
Vol 23 (2) ◽  
pp. 233-256 ◽  
Author(s):  
Ian Greene
Keyword(s):  
Rule Of Law ◽  
Conflict Of Interest ◽  
Political System ◽  
Conflicts Of Interest ◽  
Social Equality ◽  
The Rule Of Law ◽  
Political Patronage ◽  
High Degree

AbstractThe rash of conflict of interest incidents involving cabinet ministers in Canada in 1986, 1987 and early 1988 can in part be explained by the fact that no clear connection exists in most of the conflict of interest rules between the substance of the rules and basic constitutional principles. Unless ministers understand the reasons for the increasingly complex rules, a high degree of compliance with them is unrealistic. The article explores the connection between the rule of law, social equality, the principle of ministerial impartiality and conflict of interest legislation and guidelines. The conflict of interest rules have usually been drafted hastily in reaction to scandals, with little thought given to their constitutional basis. Thirty-five recent conflict of interest incidents are classified and analyzed. Many might have been avoided if the constitutional reasons for the rules had been better understood. Nevertheless, with regard to the overlap between conflicts of interest and political patronage, the Canadian political system has not developed a clear set of expectations for ministerial behaviour in all circumstances.

scholarly journals Building a Modern Political Ecology and the Need to Demystify Political Meritocracy

2018 ◽  
Vol 4 (1) ◽  
pp. 29-48
Author(s):  
Jingxi Liu ◽  
Anja Bihler
Keyword(s):  
Political Ecology ◽  
Rule Of Law ◽  
Political System ◽  
Team Building ◽  
Government Officials ◽  
The Rule Of Law ◽  
Chinese Characteristics ◽  
Political Meritocracy ◽  
Or Team ◽  
High Degree

Abstract To construct socialism with Chinese characteristics, advance socialist democracy, and establish a political ecology for socialism with Chinese characteristics, we should devote our efforts toward building a stronger political system and strengthening the rule of law and democracy. Important projects, such as the anti-corruption campaign, mass-line education, or team building for government officials should be guided by the spirit of democracy and the rule of law and proceed in an orderly and regulated manner. Still, voices in support of political meritocracy have become increasingly audible in Chinese political and academic circles, supporting a political phenomenon completely incompatible with the goal of building a socialist democracy. Meritocracy as a political system entails a high degree of uncertainty, unsustainability, and risk and is essentially just a modified version of the rule of man or, to put it differently, the rule of man “2.0.” Its fatal weakness is its inability to resolve two fundamental problems related to the legitimacy of political power: Where does power originate, and how can we control it? An important theoretical prerequisite for building a clean political ecology is thus to demystify meritocracy and dispel any popular myths surrounding it.

The Definition of «Conflicts of Interest» in the Legal Regulation of Judicial Activity in Russia

2020 ◽  
Vol 4 ◽  
pp. 28-39
Author(s):  
E. V. Ryabtseva ◽  
Keyword(s):  
Rule Of Law ◽  
Conflict Of Interest ◽  
Legal Status ◽  
Systematic Approach ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
The Rule Of Law ◽  
Scientific Substantiation ◽  
Definition Of ◽  
Optimal Construction

The complexity of regulation of issues to prevent conflicts of interest in the activities of state, including judicial bodies, is due to the uncertainty of law arising from the lack of clear legislative structures to correlate the rule of law with the actual circumstances that indicate conflicts of interest. The aim of the study is the formation of scientifically based knowledge about the nature of conflicts of interest. The main objectives of the study are connected with the scientific substantiation of a general approach to the definition of «conflicts of interest», taking into account industry-specific features of their regulation; analysis of the main elements of the content of conflicts of interest, features of their legal regulation in Russian and foreign legislation. The modern methodology of comparative law makes it possible to analyze the substantive aspect of conflicts of interest, issues of their regulation, specifics of prevention in international and Russian legislation, for the optimal construction of the linguistic structure of their regulation in judicial activity. As a result of the study, the definition of «conflict of interest» is formulated. The systematic approach to determining the content of «conflicts of interest» is justified, taking into account the particular legal status of a judge.

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?

The State and the Rule of Law

1970 ◽  
Vol 2 (1) ◽  
pp. 7-13
Author(s):  
Andrzej Zoll
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
The State ◽  
The Political ◽  
The Rule Of Law ◽  
The Law ◽  
Democratic Principles ◽  
Set Up ◽  
The One ◽  
Real Chance

The changes brought about in Poland and elsewhere in Europe by the fall of Communism have given rise to hopes for the establishment of a political system differing from the one which had been the fate of these countries. In place of totalitarianism, a new political system is to be created based on the democratic principles of a state under the rule of law. The transformation from totalitarianism to democracy is a process which has not yet been completed in Poland and still requires many efforts to be made before this goal may be achieved. One may also enumerate various pitfalls jeopardising this process even now. The dangers cannot be avoided if their sources and nature are not identified. Attempts to pervert the law and the political system may only be counteracted by legal means if the system based on the abuse of the law has not yet succeeded in establishing itself. Resistance by means of the law only has any real chance of success provided it is directed against attempts to set up a totalitarian system. Once the powers which are hostile to the state bound by the rule of law take over the institutions of the state, such resistance is doomed to failure.

scholarly journals Federal Democratic Republic of Nepal: An Assessment of the Rule of Law

2021 ◽  
Vol 21 ◽  
pp. 1-8
Author(s):  
Than Bahadur Chhetri
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
Democratic Republic ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
State Institutions ◽  
Independent Judiciary ◽  
The Government ◽  
High Level ◽  
Online Sources

The Rule of law, a set of principles of governance, apply to all individuals, organizations and the government itself. Democracy is a political system governed by the rule of law. No rule of law means no democratic future. This paper aims to assess the state of the rule of law under the new political setup, taking the rule of law as dependent variable and fundamental rights, corruption, open parliament and independent judiciary as independent variables. To measure the rule of law, necessary information was collected from printed and online sources. A federal democratic republic can grow healthy only when there exists the rule of law and efficient state institutions. The fundamental problems in strengthening the rule of law obstructed by the tendency of personalization and frequent intervention in state institutions, high level of corruption at policy level, poor legislative bill formulation, the controversial appointing process of the judges and the political dominations. The acceptance of international norms to address the justice and to promote human rights, adhering to the principle of inclusion and equality, maintaining transparency rule in the appointment in various constitutional bodies and keeping out of executive influence to maintain impartial and independent institutions can help in strengthening the rule of law. 

scholarly journals Practical judicialtraining: contribution of the National School of Judges of Ukraine to strengthening corruption prevention mechanisms

2020 ◽  
pp. 19-29
Author(s):  
Nataliia Shuklina
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Professional Training ◽  
Conflicts Of Interest ◽  
Professional Activity ◽  
The Rule Of Law ◽  
Human Rights Protection ◽  
Special Training ◽  
National School ◽  
Corruption Prevention

The article examines the role of the National School of Judges of Ukraine in strengthening the mechanisms preventing corruption through the professional training of the judiciary. In particular, relevant training activities for candidates for the judge's post, effective judges of all jurisdictions and judges of the High Anti - Corruption Court are reviewed in the article. The program of special training of candidates for the post of judge (to fill vacant posts of judges in the courts of first instance) in 2018-2019 comprised trainings on anti-corruption legislation, including European standards and national legislation; corruption related criminal offences and criminal offenses in the field of in-service and professional activity tied to the provision of public services; administrative offenses related to corruption. Trainings on anti-corruption legislation and practice of its application are a part of the periodic training programs of effective judges of local general, commercial and administrative courts, as well as courts of appeal. Anti - corruption issues were one of the key topics in the training of newly appointed Supreme Court judges. It is stated that National School of Judges of Ukraine also made a contribution into the process of selection of judges of the High Anti - Corruption Court by developing of test questions and practical tasks (model court cases). The School, with the support of its international partners, conducted an Orientation Course for judges of the High Anti - Corruption Court, which included trainings on the rule of law, standards of human rights protection in accordance with the practice of the European Court of Human Rights, return of assets and instruments of cooperation with international organizations, international anti-corruption standards, practical aspects of dealing with corruption cases (witness and victim protection, money laundering, asset seizure, special confiscation). The next scheduled training of judges of the High Anti - Corruption Court was related to adjudication of corruptionists and confiscation of their property in Ukraine. The main training topics for the court staff are the application of anti-corruption legislation concerning civil servants, main issues of financial control, features of the electronic declaration system, settlement of conflicts of interest, responsibility for violation of anti-corruption legislation. The conclusion is made that all these activities influence the change of the professional consciousness of judges, the affirmation of the values of the rule of law and fair trial. Keywords: corruption prevention, confiscation of assets, special training of candidates for the post of judge, periodic training of judges.

Costas Simitis

2020 ◽  
pp. 659-675
Author(s):  
P. Nikiforos Diamandouros
Keyword(s):  
Rule Of Law ◽  
Paradigm Shift ◽  
Political System ◽  
Structural Parameters ◽  
Management Style ◽  
Cultural Tradition ◽  
Institution Building ◽  
Leadership And Management ◽  
The Rule Of Law ◽  
Alternative Approach

The chapter seeks to analyse and assess Costas Simitis’s leadership and management style, which it conceptualizes as the product of three structural parameters. First, Simitis’s status, throughout his career in Greek politics, as a minority within PASOK, the party he helped co-found, and his clear refusal to identify with the values of the ‘underdog’ cultural tradition, to which the majority of the party and, indeed, Greek society adhered. Second, his steadfast adherence to the principles of the minoritarian reformist cultural tradition, which identifies deeply with the values of the European Enlightenment and of European liberalism, and his privileging a positive sum conceptualization of politics, a decided preference for the search for dialogue, rational argument, consensus, and compromise, as well as a strong commitment to the primacy of the rule of law and for institution-building. Third, the search for a paradigm shift in the modus operandi of the Greek political system, such that would make these values guiding principles of the logic informing Greek democracy and enable it to align itself more firmly with the traditions of European social democracy. The chapter concludes by identifying five major legacies linked to Simitis’s leadership and management style as prime minister: (a) first and foremost, securing Greece’s entry into the eurozone, (b) introducing an alternative approach to Greek politics; (c) emphasizing institution building; (d) privileging civility and fairness in interacting with colleagues and opponents alike; and (e) demonstrating the importance of human agency in the conduct of politics.

Cambodian legal gaps could hit economy and society

2016 ◽  
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
Legal Reform ◽  
The Political ◽  
Social Unrest ◽  
Content Type ◽  
The Rule Of Law ◽  
Legal Reforms

Significance A spate of recent judiciary-related controversies is raising questions about the political system and the rule of law in Cambodia. Impacts Lack of confidence in the judiciary will probably trigger incidents of politicised social unrest. Ineffective legal reform could reduce investors' appetite for Cambodia. Inadequate legal reforms could cause Cambodian business disadvantage, for instance in ASEAN integration.

Conflict of interest in the civil service in terms of political law

nauka.me ◽  
2021 ◽  
pp. 1
Author(s):  
Artemiy Atamanenko
Keyword(s):  
Classical Theory ◽  
Conflict Of Interest ◽  
Political Development ◽  
Political System ◽  
Political Discourse ◽  
Civil Service ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Political Relations ◽  
Conceptual Foundations

The study of the structures of legal regulation of moral and political relations is an extremely important aspect of building an effective and optimal political system. To work out a constructive vector of political development, it is necessary to deconstruct the logic of the emergence of political legislation. Which conceptual foundations of such regulation can be extracted from the classical theory? It is this question that determines the necessity and urgency of interdisciplinary consideration of this discussion field. The article presents a model of socio-political discourse that legitimizes moral and political arguments in the formation of a legislative basis for regulating conflicts of interest.

Sign in / Sign up

Export Citation Format

Share Document