Access to, and Provision of, Legal Information in the Transition from Communism to Democracy in Estonia

2006 ◽  
Vol 6 (2) ◽  
pp. 113-119
Author(s):  
Julia Laffranque
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Order ◽  
Private Law ◽  
Public And Private ◽  
Legal Information ◽  
The Rule Of Law ◽  
Democratic State ◽  
Penal Law ◽  
The Republic

The Estonian legal system has over the last decade and a half undergone a tremendous change. Quite often we have had to start from almost nothing and to develop our law very fast compared to societies with long lasting traditions of stable and well established democracy where similar reforms have taken hundreds of years instead of ten. The years that have passed since the reestablishment of Estonia's independence are characterised by reforms of the legal system, preparation for them, and finally their implementation. All these activities have stemmed from a single underlying idea - to develop a legal order appropriate to a democratic state based on the rule of law. Reforms in public and private law as well as in penal law were finalised ten years after the entry into force of the Constitution of the Republic of Estonia in 1992.

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.

18 Art. 20 GG: Preface

2019 ◽  
Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
German State ◽  
The Rule Of Law ◽  
Structural Principles ◽  
The Republic ◽  
Principle Of Proportionality

This chapter provides an overview of three of the central structural principles of the German state and legal system that are found in Art. 20 of the Grundgesetz (GG): the republic principle, the democracy principle, and the federalism principle. Also included in this group of general principles is the rule of law principle, which is implicitly contained in Art. 20 para. 3 GG. The structural principles and state goals articulated in Art. 20 GG serve three primary functions: first, as foundational norms which serve as a catch-all standard for evaluating subjects not specifically regulated by GG; second, as interpretive guidelines for other provisions of GG and for the application of (statutory) laws; and third, as classification categories to which sub-principles are assigned, including the principle of proportionality. These structural principles and state goals are often in tension; a means of reconciling them is by using the concept of practical concordance.

Legality Without The Rule of Law? Scott Shapiro on Wicked Legal Systems

2012 ◽  
Vol 25 (1) ◽  
pp. 183-200
Author(s):  
David Dyzenhaus
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Natural Law ◽  
Legal Order ◽  
Legal Positivism ◽  
Legal Systems ◽  
The Rule Of Law ◽  
Moral Quality ◽  
Legal Positivist

InLegality,Scott Shapiro – a leading legal positivist – analyses the problem of a wicked legal system in a way that brings him close to natural law positions. For he argues that a wicked legal system is botched as a legal system and I show that such an argument entails a prior argument that there is some set of standards or criteria internal to law which are both moral and legal. As a result, the more successful a legal order is legally speaking, the better the moral quality of its law, and the more it is a failure morally speaking, the worse the legal quality of its law. It is such moral features of law that Shapiro concedes make it plausible to account for law’s claim to justified authority over its subjects. However, Shapiro cannot, as a legal positivist, accept this entailment. His book thus brings to the surface and illuminates a central dilemma for legal positivism. If legal positivists wish to account for the authority of law they have to abandon legal positivism’s denial that law has such moral features. If they do not, they should revive a form of legal positivism that specifically abjures any claim to account for law’s normative nature.

scholarly journals К вопросу о понятии и сущности правового государства

2021 ◽  
Vol 70 (6) ◽  
pp. 64-67
Author(s):  
И.И. Ларинбаева ◽  
А.Р. Насыров ◽  
Р.А. Иксанов
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Order ◽  
The Rule Of Law ◽  
International Legal Order ◽  
General Principles Of Law ◽  
International Legal System

The article examines the issues of the formation of the rule of law, the influence of general principles of law on this process, as well as the importance of constitutionalism on the development of the concept of the rule of law. It is noted that the model of the rule of law is embedded in the construction of the international legal system. The conclusion is substantiated that the essence of the rule of law is reduced to strengthening the systemic elements and the consistency of constitutional processes and international legal order.

scholarly journals HEALTH EMERGENCY MANAGEMENT. A LEGAL ANALYSIS OF THE ITALIAN EXPERIENCE

2020 ◽  
Vol 2 (2) ◽  
pp. 117-146
Author(s):  
Vicenzo Baldini
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
Legal Order ◽  
Legal Analysis ◽  
State Of Emergency ◽  
Landing Point ◽  
The Rule Of Law ◽  
Italian Experience ◽  
The One

The state of emergency that is being experienced has generated a sort of dynamic disorder of complex systematic re-elaboration within the framework of the legal system of the state. We appreciate a permanent tension between the rule of law and the discipline of emergency which manages to find a problematic landing point in the prefiguration of the existence of an emergency legal system, based on a different Grundnorm and parallel to the one that sustains the whole establishment of the legal system of the sources of the state legal order

scholarly journals Factors of corruption with reference to the situation in the Republic of Serbia

2021 ◽  
Vol 63 (3) ◽  
pp. 145-162
Author(s):  
Aleksandar Sakač
Keyword(s):  
Rule Of Law ◽  
Modern Society ◽  
Limited Resources ◽  
The Rule Of Law ◽  
Development Path ◽  
Democratic State ◽  
The Subject ◽  
The Republic ◽  
Corrupt Behavior ◽  
Almost All

Corruption is one of the most dangerous phenomena of modern society. Woven into the pores of almost all states, institutions and systems to a greater or lesser extent, it deserves as such to be the subject of research. The characteristics of corruption indicate a recognizable form of corrupt behavior, while the causes direct attention to the source of the problem, directing limited resources to preventive rather than, somewhat outdated, repressive behavior. Factors of corruption, which are numerous, are limited to those that are recognized as the most important and at the same time the biggest catalysts for the development of corruption. Timely focusing on the factors of corruption enables the updating of existing and finding new mechanisms by which corruption can be reduced to a level that enables the functioning of the rule of law and a democratic state system. As a country that has gone through periods of war and transition, and that is still on its development path, Serbia is an excellent ground for finding conclusions about the validity of existing and finding new anti-corruption measures.

SAVREMENA USLUŽNA PRAVILA I VLADAVINA PRAVA

2021 ◽  
Author(s):  
Snežana Miladinović Drobnič ◽  
Keyword(s):  
Rule Of Law ◽  
Research Study ◽  
State Power ◽  
Human Security ◽  
Legal Order ◽  
Frame Of Reference ◽  
Private Law ◽  
The Rule Of Law ◽  
Legal Restrictions ◽  
Common Frame Of Reference

In this research study, the author is dealing with the contemporary service rules in the light of the idea of the rule of law. The rule of law, as Kosta Čavoški says, is "a meta-legal idea of a valid legal order that, through detailed and permanent legal restrictions of state power, appropriate properties of law and reliable institutional guarantees, most ensures human security and freedom." In this paper, the author is dealing with the concept of the rule of law and the principles on which it is based, and then analyzes the principles on which modern service rules are based. We have paid special attention to the service rules contained in the Services Directive and the Draft Common Frame of Reference for Private Law.

scholarly journals Why judges need jurisprudence in cyberspace

Legal Studies ◽  
2018 ◽  
Vol 38 (2) ◽  
pp. 263-278
Author(s):  
Chris Reed
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal System ◽  
Private International Law ◽  
Public And Private ◽  
The Rule Of Law ◽  
Internal View ◽  
National Legal System ◽  
The Law

AbstractJudges are increasingly asked to decide whether a rule of national law is applicable to a cyberspace actor who is not present in their jurisdiction, or whose activities do not clearly fall within the established understanding of the rule. They do this through interpreting the applicability and meaning of the law.Every attempt to enforce a national law makes a claim that the law has authority over the cyberspace actor. By accepting that claim, the judge asserts that the law's claim is legitimate. This is a Hartian exercise, adopting the internal view of the national legal system as the test for legitimacy.But in cyberspace the legitimacy of a national law claim is determined not by the internal perspective of the legal system but by the external perspective of cyberspace actors. A law will only have authority in cyberspace if it can convince cyberspace actors that its claim is legitimate. And a legal system which repeatedly makes illegitimate claims thereby weakens its status as a system which adheres to the rule of law.Judges can help solve this problem by interpreting laws and applying public and private international law so as to reject applicability claims which are illegitimate. To do this successfully, they need to understand the jurisprudential foundations of any law's authority in cyberspace.

Spanish Regulation of Biobanks

2015 ◽  
Vol 43 (4) ◽  
pp. 801-815
Author(s):  
Pilar Nicolás
Keyword(s):  
Rule Of Law ◽  
Legal Order ◽  
The European Union ◽  
Political Pluralism ◽  
The Rule Of Law ◽  
Parliamentary Government ◽  
Democratic State ◽  
The Government ◽  
Regulatory Powers ◽  
Constitutional Monarchy

Spain occupies an area of 504.645 km, and it has a population of 46.5 million people, out of which 4,538,503 are immigrants. Life expectancy is 82.5 years (85.5 for females and 79.5 for males). Its economy grew 1.4 % in 1014. Its current Constitution was enacted in 1978. It has been part of the European Union since 1986.Spain is a social and democratic state subject to the rule of law. Liberty, justice, equality, and political pluralism are the highest values of the legal order of the rule of law. Spain is a constitutional monarchy with a parliamentary government. The legislative power rests upon two chambers: the Congress and Senate. The government exercises the executive powers and the regulatory powers. There have been six presidents since 1978 from all parties, socialist, centrist, and conservative. The judicial power rests upon the courts and tribunals established by law.

scholarly journals Will the "Legal Singularity" Hollow Out Law's Normative Core?

2021 ◽  
pp. 97
Author(s):  
Robert Weber
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Weak Form ◽  
Unintended Consequences ◽  
Legal Order ◽  
Strong Form ◽  
Critical Examination ◽  
The Rule Of Law ◽  
Government Power ◽  
Legal Subjects

This Article undertakes a critical examination of the unintended consequences for the legal system if we arrive at the futurist dream of a legal singularity—the moment when predictive, mass-data technologies evolve to create a perfectly predictable, algorithmically-expressed legal system bereft of all legal uncertainty. It argues that although the singularity would surely enhance the efficiency of the legal system in a narrow sense, it would also undermine the rule of law, a bedrock institution of any liberal legal order and a key source of the legal system’s legitimacy. It would do so by dissolving the normative content of the two core pillars of the rule of law: the predictability principle and the universality principle, each of which has traditionally been conceived as a bulwark against arbitrary government power. The futurists heralding the legal singularity privilege a weak-form predictability principle that emphasizes providing notice to legal subjects about the content of laws over a strong-form variant that also emphasizes the prevention of arbitrary governmental action. Hence, an inattentive and hurried embrace of predictive technologies in service of the (only weak-form) predictability principle will likely attenuate the rule of law’s connection to the deeper (strong-form) predictability principle. The legal singularity will also destabilize law’s universality principle, by reconceiving of legal subjects as aggregations of data points rather than as individual members of a polity. In so doing, it will undermine the universality principle’s premise that the differences among legal subjects are outweighed by what we—or, better still, “We the People” who are, as Blackstone put it, the “community in general”—have in common. A cautionary directive emerges from this analysis: that lawyers should avoid an uncritical embrace of predictive technologies in pursuit of a shrunken ideal of predictability that might ultimately require them to throw aside much of the normative ballast that has kept the liberal legal order stable and afloat.

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