scholarly journals Legal Pluralism and the Rule of Law in Timor Leste

2006 ◽  
Vol 19 (2) ◽  
pp. 305-337 ◽  
Author(s):  
LAURA GRENFELL
Keyword(s):  
Rule Of Law ◽  
Legal Pluralism ◽  
The State ◽  
East Timor ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Informal System ◽  
Transitional Countries ◽  
Timor Leste

Many transitional countries face the problem of establishing the rule of law in a weak justice sector where a gulf separates local legal norms from national, constitutional norms that are drawn largely from the international sphere. As a case study of East Timor this article challenges simplistic positivist notions about the normative hierarchy of laws within a constitutionally bounded polity. It argues that in transitional countries such as East Timor legal pluralism is important but must be properly tuned to serve the rule of law. Legal pluralism poses certain dangers when it operates without any of the checks or balances that ensure accountability and the promotion of constitutional values such as equality. The rule of law is not served by an informal system where there are no formal avenues of appeal and thus minimal accountability and transparency. A more promising version of legal pluralism that comports with the rule of law is one that empowers the state to monitor local decisions to ensure that they observe the norms set out in East Timor's Constitution.

The state of emergency in the Weimar Republic Legal disputes over Article 48 of the Weimar Constitution

2010 ◽  
Vol 78 (1-2) ◽  
pp. 135-158 ◽  
Author(s):  
Marc de Wilde
Keyword(s):  
Rule Of Law ◽  
Weimar Republic ◽  
The State ◽  
Legal Positivism ◽  
Carl Schmitt ◽  
Annual Conference ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Legal Norms

AbstractThe article analyzes the debate on 'constitutional dictatorship' that took place at the first annual conference of the Association of German Constitutional Lawyers in Jena in 1924. In their keynote lectures, Carl Schmitt and Erwin Jacobi argued that Article 48 of the Weimar Constitution authorized the President of the Reich to derogate from the rule-of-law provisions of the constitution if this was necessary to save its 'political substance'. Advocating a 'doctrine of derogation', they implicitly criticized one of the main methodological assumptions of legal positivism, i.e., that legal norms and politics, law and power, had to remain strictly separated. They thereby set the stage for the emerging 'conflict of methods and directions' that was to haunt German jurisprudence in subsequent years.

scholarly journals The Rule of Law and Its Social Reception as Determinants of Economic Development: A Comparative Analysis of Germany and Poland

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Krzysztof Głowacki ◽  
Christopher Andrew Hartwell ◽  
Kateryna Karunska ◽  
Jacek Kurczewski ◽  
Elisabeth Botsch ◽  
...  
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Institutional Economics ◽  
New Institutional Economics ◽  
The State ◽  
Necessary Condition ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Playing Field ◽  
Depth Interviews

Abstract The rule of law is not just a necessary condition for a modern liberal society but also an important prerequisite for a stable, effective and sustainable market economy. However, relevant legal norms may be more or less successful depending on their social reception within a particular country. This study explores the connection between the rule of law, especially in terms of how it is viewed socially, and the functioning of market economy in the examples of two geographically contiguous yet often-diverging countries, namely Germany and Poland. We utilise two approaches to examine this issue, first studying societal perceptions of the various dimensions of the rule of law by way of standardized surveys and in-depth interviews conducted in both countries to determine the de facto state of the rule of law in the economic context. Secondly, we measure the effect of the de jure and de facto rule of law on economic outcomes using a multivariate panel analysis. Combining new institutional economics and sociology of law, our analysis finds that Polish firms perceive the rule of law and its execution by the state in a restrictive perspective, contributing to insecurity. German interviewees, however, showcase the supportive and transaction cost-reducing properties of the rule of law, displaying higher trust in the state. These findings are supported by an econometric analysis of the drivers of rule of law in both Poland and Germany, which shows the importance of rule of law in terms of a level playing field contributing to higher levels of investment.

scholarly journals Social Conflict, National Strife, or Political Battle? Violence and Strikebreaking in Late Habsburg Austria

2019 ◽  
Vol 49 (4) ◽  
pp. 650-676
Author(s):  
Claire Morelon
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Turn Of The Century ◽  
Social Conflicts ◽  
State Repression ◽  
The Rule Of Law ◽  
The First World War ◽  
The Impact ◽  
First World

This article analyses the practices of violence during strikes in Habsburg Austria from the 1890s until the outbreak of the First World War. As the number of social conflicts rose at the turn of the century, strikes increasingly became one of the main sites of public violence in Austrian society, alongside demonstrations. Violent confrontations between strikers, strike-breakers, and the state forces protecting them frequently occurred. The first section discusses the state repression used to quell internal unrest and its consequences on the rule of law. The following sections explore the micro-dynamics of strikebreaking within the larger context of the reaction against Social Democracy in the period. Especially after the successful mobilization for suffrage reform in 1905–906, employers and other propertied classes saw strikers as part of a general threat. The Czech and German nationalist workers’ movements can also be reassessed through the lens of these social conflicts, rather than only as manifestations of radical nationalism. Strikes are here analysed as one case study addressing current debates in the historiography on the Habsburg Empire: first on the implementation of the rule of law on the ground in Habsburg Austria, then on the impact of democratization in the decades before 1914.

Artificial intelligence, legal system and state functions

2020 ◽  
Author(s):  
Aleksandr Bratko
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
Point Of View ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Methodological Problems ◽  
Theory Of Law ◽  
State Functions

The monograph deals with methodological problems of embedding artificial intelligence in the legal system taking into account the laws of society. Describes the properties of the rule of law as a Microsystem in subsystems of law and methods of its fixation in the system of law and logic of legal norms. Is proposed and substantiated the idea of creating specifically for artificial intelligence, separate and distinct, unambiguous normative system, parallel to the principal branches of law is built on the logic of the four-membered structure of legal norms. Briefly discusses some of the theory of law as an instrument of methodology of modelling of the legal system and its semantic codes in order to function properly an artificial intelligence. The ways of application of artificial intelligence in the functioning of the state. For students and teachers and all those interested in issues of artificial intelligence from the point of view of law.

Rule of Law, Religious Liberty, and Harmony

2017 ◽  
Vol 5 (3) ◽  
pp. 254-291
Author(s):  
Li-ann Thio
Keyword(s):  
Rule Of Law ◽  
Religious Freedom ◽  
Legal Pluralism ◽  
Case Law ◽  
The State ◽  
Religious Liberty ◽  
The Rule Of Law ◽  
Constitutional Order ◽  
Range Of Values

This article examines the state of regulation of religion within Singapore, which is the world’s most religiously diverse country. It considers how fundamental principles of the rule of law, religious liberty and legal pluralism operate within the constitutional order predicated on communitarianism and accommodative secularism. While the rule of law seeks to vindicate a range of values which requires sameness and satisfies claims for inclusion, limits to it through exemptions and accommodative measures that multiculturalism and pluralism may prescribe can protect differences and satisfy claims to be left alone, outside the sphere of state govenance. Drawing from Singapore case law, legislation and executive policy, it interrogates the question of whether a policy of multicultural and legal pluralism protective of religious freedom can be reconciled with the rule of law, which in this context is closely associated with the quasi constitutional objective of preserving racial and religious harmony.

scholarly journals Problems of application of state coercion in the interpretation of local lawyers in the late XIX – early XX century

2019 ◽  
Vol 2019 (2) ◽  
pp. 96-105
Author(s):  
Никита Тарасов ◽  
Nikita Tarasov
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Theory ◽  
The State ◽  
The Rule Of Law ◽  
Legal Norms ◽  
State Coercion ◽  
Qualitative Characteristics

The questions relating to the interpretation of the Russian lawyers of the late XIX – early XX century of the role of state compulsion in ensuring the rule of law are considered in article. The interrelation between the state of legality and qualitative characteristics of state coercion is emphasized. The author draws attention to the problem of state coercion in the legal and doctrinal aspects. His attention focuses on the development of the idea of the nature, purpose and limits of state coercion in the domestic police-legal theory of the late XIX – early XX century. The author considers that legal scholars thought of state coercion as an exclusive, extreme means, the use and application of which is permissible only on the basis of legal norms in order to ensure the security and stability of its socio-political and political-legal system, in compliance with the rule of law.

scholarly journals CONCEPTUAL ASPECTS OF THE FORMATION OF THE LEGAL MODEL OF SUSTAINABLE DEVELOPMENT OF UKRAINE

2021 ◽  
pp. 3-17
Author(s):  
V.A. Ustymenko ◽  
◽  
R.A. Dzhabrailov ◽  
V.K. Malolitneva ◽  
T.S. Hudima ◽  
...  
Keyword(s):  
Sustainable Development ◽  
Rule Of Law ◽  
Legal System ◽  
Legal Regulation ◽  
The State ◽  
Specific Content ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Model ◽  
The Eu

It has been found that the methodological principles of building a legal model of sustainable development of Ukraine remain imperfect. In this regard, it is argued that the basis of the legal model, first of all, shall be assigned general and sectoral legal principles that will create the theoretical base of normative activity. In particular, it has to be that the Rule of Law principle has a particularly specific content and acquires signs of a particular legal instrument in the process of law-making and law enforcement. Accordingly, the use of the Rule of Law principle in the process of assessing the efficiency of legal norms is proposed, which will talk about promoting the legal act of the ideology of justice. It is necessary to unacceptable laying into the legal model of sustainable development of the false concept of legal regulation of economic relations, which provides for the exclusion from the legal system of the state of certain branches of legislation, in particular economic legislation. It is substantiated that the Economic Code of Ukraine is the basis for achieving the goals of sustainable development on the economic component and synergistic associated with other acts of Ukrainian legislation in the environmental and social spheres. In this regard, it is argued that the effectiveness of the legal model of sustainable development will be significantly higher, subject to preservation in the legal system of the Economic Code of Ukraine, which will additionally testify to compliance with the Rule of Law principle. It is emphasized that in the light of the adaptation of Ukrainian legislation, including economic, to the EU Law and the signing of the Association Agreement between Ukraine and the EU, the influence of international legal norms on the state and directions of development of individual institutions of Economic law, which contributes to the universalization of the legal model of the steady the state's development.

scholarly journals Political elite behavior effectiveness in comparing the COVID-19 pandemic: A case study of Vietnam

2021 ◽  
Vol 8 (2) ◽  
pp. 280-292
Author(s):  
Huong Thi Tran
Keyword(s):  
Rule Of Law ◽  
Regression Models ◽  
The State ◽  
Political Elite ◽  
Key Factors ◽  
Health Security ◽  
The Rule Of Law ◽  
State Of The Economy ◽  
Significant Factors

The article aims to develop an empirical approach to identifying the key factors in the political elite behavior effectiveness in combating the COVID-19 pandemic propagation exemplified by Vietnam. Using regression analysis and the Chow test, we identified key behavioral factors that affect the effectiveness of the fight against the COVID-19 pandemic in terms of mortality rates and the state of the economy. The study sample was formed by data from 67 countries worldwide for 2020. The results suggest that the Rule of Law significantly influences the state of the economy in a pandemic. The COVID-19 mortality rate is affected by the Global Health Security Index, gender, and cultural factors. Based on the constructed linear multivariate regression models, we calculated the contribution of significant factors to the effectiveness of combating the pandemic in Vietnam, their stimulating and de-stimulating effects compared to the average values of these indicators for the sample countries.

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