State, Sovereignty, and the People: A Comparison of the “Rule of Law” in China and India

2009 ◽  
Vol 68 (1) ◽  
pp. 55-100 ◽  
Author(s):  
Jonathan K. Ocko ◽  
David Gilmartin
Keyword(s):  
Rule Of Law ◽  
Social Order ◽  
The Political ◽  
British India ◽  
Fourth Section ◽  
The Rule Of Law ◽  
China And India ◽  
The People ◽  
History Of

This paper uses the concept of the “rule of law” to compare Qing China and British India. Rather than using the rule of law instrumentally, the paper embeds it in the histories of state power and sovereignty in China and India. Three themes, all framed by the rule of law and the rule of man as oppositional yet paradoxically intertwined notions, organize the paper's comparisons: the role of a discourse of law in simultaneously legitimizing and constraining the political authority of the state; the role of law and legal procedures in shaping and defining society; and the role of law in defining an economic and social order based on contract, property, and rights. A fourth section considers the implications of these findings for the historical trajectories of China and India in the twentieth century. Taking law as an instrument of power and an imagined realm that nonetheless also transcended power and operated outside its ambit, the paper seeks to broaden the history of the “rule of law” beyond Euro-America.

The Role of Religious Force in the Wukan Incident

2013 ◽  
Vol 5 (1) ◽  
pp. 155-175 ◽  
Author(s):  
Hou Yuxin
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
The Political ◽  
The People ◽  
The World ◽  
History Of ◽  
The Media ◽  
Social Management ◽  
The Village

Abstract The Wukan Incident attracted extensive attention both in China and around the world, and has been interpreted from many different perspectives. In both the media and academia, the focus has very much been on the temporal level of the Incident. The political and legal dimensions, as well as the implications of the Incident in terms of human rights have all been pored over. However, what all of these discussions have overlooked is the role played by religious force during the Incident. The village of Wukan has a history of over four hundred years, and is deeply influenced by the religious beliefs of its people. Within both the system of religious beliefs and in everyday life in the village, the divine immortal Zhenxiu Xianweng and the religious rite of casting shengbei have a powerful influence. In times of peace, Xianweng and casting shengbei work to bestow good fortune, wealth and longevity on both the village itself, and the individuals who live there. During the Wukan Incident, they had a harmonizing influence, and helped to unify and protect the people. Looking at the specific roles played by religion throughout the Wukan Incident will not only enable us to develop a more meaningful understanding of the cultural nature and the complexity of the Incident itself, it will also enrich our understanding, on a divine level, of innovations in social management.

The Role of the Constitutional Court in the Development of the Rule of Law in Kosovo

2018 ◽  
Vol 43 (3) ◽  
pp. 274-313
Author(s):  
Enver Hasani
Keyword(s):  
Material Culture ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Constitutional History ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Past ◽  
History Of ◽  
Communist Countries

Kosovo’s Constitutional Court has played a role of paramount importance in the country’s recent history. The author uses a comparative analysis to discuss the role of the Court in light of the work and history of other European constitutional courts. This approach sheds light on the Court’s current role by analyzing Kosovo’s constitutional history, which shows that there has been a radical break with the past. This approach reveals the fact that Kosovo’s current Constitution does not reflect the material culture of the society of Kosovo. This radical break with the past is a result of the country’s tragic history, in which case the fight for constitutionalism means a fight for human dignity. In this battle for constitutionalism, the Court has been given very broad jurisdiction and a role to play in paving the way for Kosovo to move toward Euro-Atlantic integration in all spheres of life. Before reaching this conclusion, the author discusses the specificities of Kosovo’s transition, comparing it with other former communist countries. Among the specific features of constitutionalism in Kosovo are the role and position of the international community in the process of constitution-making and the overall design of constitutional justice in Kosovo. Throughout the article, a conclusion emerges that puts Kosovo’s Constitutional Court at the forefront of the fight for the rule of law and constitutionalism of liberal Western provenance.

The Role of Courts in Rifted Democracies

1999 ◽  
Vol 33 (2) ◽  
pp. 216-258 ◽  
Author(s):  
Ruth Gavison
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Judicial Review ◽  
Public Life ◽  
The Political ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
The Supreme Court ◽  
Harsh Criticism

A discussion of the role of courts in Israel today demands some introductory remarks. The Supreme Court and the President of the Supreme Court enjoy great acclaim and respect within Israel and abroad, but have recently come under attack from a variety of sources. These attacks are often confused, and many of them are clearly motivated by narrow partisan interests and an inherent objection to the rule of law and judicial review. But these motives do not necessarily weaken the dangers which the attacks pose to the legitimacy of the courts in general, and the Supreme Court in particular, in Israel's public life. The fact that in some sectors extremely harsh criticism of the court is seen to be an electoral boost, testifies to the serious and dangerous nature of the threat. This situation creates a dilemma for those who want a strong and independent judiciary, believing it is essential for freedom and democracy, but who also believe that, during the last two decades, the courts have transgressed limits they should respect. The dilemma becomes especially acute when the political echo sounds out in one's criticism, and when one is part of the group that believes that the legal and the judicial systems have made some contribution to the prevalence of these hyperbolic and dangerous attacks, as I am.

scholarly journals PERANAN BANGSAWAN BONE DALAM SISTEM PEMERINTAHAN DARI SWAPRAJA KE KABUPATEN (The Role of Bone Nobleman in The Government System from Swapraja to Regency)

2018 ◽  
Vol 10 (2) ◽  
pp. 135-151
Author(s):  
Risma Widiawati
Keyword(s):  
Political Development ◽  
The Political ◽  
Holding Power ◽  
South Sulawesi ◽  
The People ◽  
History Of ◽  
The Government ◽  
Head Of Government ◽  
Interesting Area

Bone Regency as part of South Sulawesi is a very interesting area to discuss. This area is not only part of the history of South Sulawesi, but also a historical flow of South Sulawesi. the existence of nobles who are so attached to the joints of the lives of the people of Bone is still interesting to be examined to this day. Based on this, the article aims to reveal the role of Bone nobility in the swapraja government system to the regency (1950 - 1960). The political development of the government during this period was seen as sufficiently influencing the political dynamics of the government in Bone Regency which continued even today. The method used is the method of historical research with four stages, namely, heuristics, criticism (history), interpretation, and presentation (historiography). The results of the study show that after the transition from swapraja to regency, the role of nobility is still very calculated. But it is no longer like in the period before the transition, where the government was ruled by the king / aristocracy. At this time the level of intelligence is also taken into account. Apart from the fact that the structure of the government is indeed different because the process of appointing head of government is also different. But in general the role of nobility after the transition was not much different, where there were still many nobles holding power. ABSTRAK Kabupaten Bone sebagai bahagian dari Sulawesi Selatan merupakan suatu daerah yang sangat menarik untuk dibicarakan. Daerah ini bukan saja merupakan bagian dari sejarah Sulawesi Selatan, tetapi juga merupakan arus sejarah Sulawesi Selatan. keberadaan bangsawan yang begitu melekat di dalam sendi kehidupan masyarakat Bone masih menarik untuk ditelisik sampai hari ini. Berdasarkan hal tersebut, maka artikel ini bertujuan untuk mengungkapkan tentang peranan bangsawan Bone dalam sistem pemerintahan swapraja ke kabupaten (1950 – 1960). Perkembangan politik dari pemerintahan selama periode ini dipandang cukup mempengaruhi dinamika politik dari pemerintahan di Kabupaten Bone yang berlangsung bahkan sampai sekarang. Metode yang digunakan adalah adalah metode penelitian sejarah dengan empat tahapan yaitu, heuristik, kritik (sejarah), intrepretasi, dan penyajian (historiografi). Hasil penelitian menunjukkan bahwa setelah peralihan dari swapraja ke kabupaten, peranan bangsawan masih sangat diperhitungkan. Namun tidak lagi seperti pada masa sebelum peralihan, di mana pemerintahan dikuasai oleh raja/aristokrasi. Pada masa ini tingkat kecerdasan juga diperhitungkan. Selain karena struktur pemerintahannya memang berbeda juga karena proses pengangkatan kepala pemerintahan juga berbeda. Namun secara umum peran bangsawan setelah masa peralihan tidak jauh berbeda, di mana masih banyak bangsawan yang memegang kekuasaan.

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.

scholarly journals Gita Philosophy and its Influence on Nepali Politics

2020 ◽  
Vol 33 (1) ◽  
pp. 167-178
Author(s):  
Girdhari Dahal
Keyword(s):  
First Generation ◽  
The Political ◽  
Political Movements ◽  
Political Leaders ◽  
Democratic Movement ◽  
The People ◽  
Political Interests ◽  
History Of ◽  
The Republic

The people of Nepal have witnessed different political movements in the political history of Nepal. The political movements are influenced by different philosophies. Gita philosophy as well has marked distinct impact in the politics of Nepal. The people of Nepal had to bear a lot of injustice, oppression and exploitation during Rana rule. Although the governments prior to Rana rule were also not so much democratic, to some extent they were directed to public welfare. At the time of Rana rule there had taken place many reformations in global politics, but Nepali people were denied off very common citizen rights. So, there was a need for a democratic movement in Nepal. In the campaigns for democratic movements then, there was a very significant impact of Gita philosophy. It is found from this study that four martyrs of 1997BS and founder leaders of Nepali Congress and Nepal Communist Party were influenced by the ideas of Gita philosophy and the general public has a great faith on the Gita philosophy. Gita philosophy has formed the foundations for the democratic movement in Nepal. And even after the establishment of democracy in Nepal, there were series of political changes in Nepal. And in the revolutions or campaigns for restoration of democracy or for the republic, there has been a role of different political leaders and as many of the first-generation leaders are still in active politics, we can find direct or indirect influence of Gita philosophy in Nepalese politics. Though the later generations of leadership seem to have less knowledge about Gita, their activities and the political interests matched with the principles of Gita philosophy.

Sovereignty, RIP

2020 ◽  
Author(s):  
Don Herzog
Keyword(s):  
Rule Of Law ◽  
Social Order ◽  
League Of Nations ◽  
The Political ◽  
The Rule Of Law ◽  
Classic Theory ◽  
Political Struggles ◽  
State Authority ◽  
Historical Detail

Social order requires a sovereign: an actor with unlimited, undivided, and unaccountable authority. Or so the classic theory says. But without noticing, we've gutted the theory. Constitutionalism limits state authority. Federalism divides it. The rule of law holds it accountable. In vivid historical detail—with millions tortured and slaughtered in Europe, a king put on trial for his life, journalists groaning at complaints about the League of Nations, and much more—this book charts both the political struggles that forged sovereignty and the ones that undid it. The book argues that it's no longer a helpful guide to our legal and political problems, but a pernicious bit of confusion. It's time to retire sovereignty.

scholarly journals Argentina’s Politicized Bureaucracy: A Historical Analysis of Two Political Regimes

2018 ◽  
Vol 14 (2) ◽  
pp. 1-22 ◽  
Author(s):  
María Verónica Elías
Keyword(s):  
Rule Of Law ◽  
Historical Analysis ◽  
The Political ◽  
Political Regimes ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
Fair Treatment ◽  
History Of ◽  
Democratic Rule

This article employs the concept of “bureaucratic authoritarianism” (O’Donnell, 1978, 1988) to evaluate whether the character of Argentine bureaucracy has changed in the shift from dictatorial to democratic rule. A brief discussion about the political and administrative history of that country follows the characterization of bureaucratic authoritarianism in light of accountability and clientelism (Fox, 2000; Smulovitz & Peruzzotti, 2000, 2003). This article explores the possibility of bureaucratic legitimacy in Argentina through the enforcement of the rule of law, the system of checks and balances, and the fair treatment of citizens.

Modern slavery in global context: ending the political economy of forced labour and slavery

2019 ◽  
pp. 29-46
Author(s):  
Aidan McQuade
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Political ◽  
The Rule Of Law ◽  
Global Context ◽  
Modern Slavery ◽  
Political Economies ◽  
Forced Labour ◽  
Human Rights Standards

This chapter begins by setting out the root causes of slavery, and demonstrating the fundamental role of the failure of the rule of law in enabling slavery to persist. It then sets out how particular failures in the rule of law give rise to four ‘peacetime’ political economies of slavery (i.e. state-sponsored slavery, state-tolerated slavery, state-facilitated slavery, state-muddled slavery). Where international mechanisms exist to uphold human rights standards, these political economies may be reformed somewhat. However, in addition, what is needed is a more fundamental reform of the nature of all political economies to establish processes to empower vulnerable individuals and groups and to uphold human rights standards. The chapter then sets out what forms these reforms must take to establish political economies with the potential to reduce slavery, if not eliminate it completely.

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