scholarly journals Does religiosity promote property rights and the rule of law?

2013 ◽  
Vol 9 (2) ◽  
pp. 161-185 ◽  
Author(s):  
NICLAS BERGGREN ◽  
CHRISTIAN BJØRNSKOV
Keyword(s):  
Property Rights ◽  
Rule Of Law ◽  
Political Process ◽  
Institutional Quality ◽  
Economic Research ◽  
The Political ◽  
The Rule Of Law ◽  
Cultural Determinants ◽  
Cross Country ◽  
The Impact

AbstractSocial and cultural determinants of economic institutions and outcomes have come to the forefront of economic research. We introduce religiosity, measured as the share for which religion is important in daily life, to explain institutional quality in the form of property rights and the rule of law. Previous studies have only measured the impact of membership shares of different religions, with mixed results. We find, in a cross-country regression analysis comprising up to 112 countries, that religiosity is negatively related to our institutional outcome variables. This only holds in democracies (not autocracies), which suggests that religiosity affects the way institutions work through the political process. Individual religions are not related to our measures of institutional quality.

The political economy of insecure property rights: insights from the Kingdom of Sicily

2019 ◽  
Vol 16 (2) ◽  
pp. 233-249 ◽  
Author(s):  
Rosolino A. Candela
Keyword(s):  
Political Economy ◽  
Property Rights ◽  
State Formation ◽  
Rule Of Law ◽  
The Political ◽  
Market Exchange ◽  
Credible Commitment ◽  
The Rule Of Law ◽  
Definition Of ◽  
The 19Th Century

AbstractHow did the evolution of the rule of law become stunted in Sicily during the 19th century? The work of economist Yoram Barzel, particularly his property-rights approach to understanding the political economy of state formation, is uniquely suited to understanding the failure of Italy's unification process to secure the rule of law in Sicily during the 19th century. This failure can be explained by a lack of a credible commitment to the rule of law in the state formation process. I argue that this lack of credible commitment manifested itself in the abolition of previously existing parliamentary institutions as an independent collective action mechanism, as well as prior constitutional agreements that existed in the Kingdom of Sicily. The resulting uncertainty over the security and legal definition of property rights over land raised the transaction costs of competing for resources through productive specialization and market exchange. In turn, it reduced the relative costs of competition for land ownership and the use of enforcement through other means, such as rent seeking or organized crime.

Introspecting the Office of the Special Prosecutor's Act and Ghana's Constitutional Framework on Anti-Corruption

2020 ◽  
Vol 28 (2) ◽  
pp. 219-243
Author(s):  
E. Kofi Abotsi
Keyword(s):  
Rule Of Law ◽  
Public Service ◽  
Law Reform ◽  
The Political ◽  
The Rule Of Law ◽  
Political Actors ◽  
Legal Rules ◽  
Exogenous Factors ◽  
The Impact ◽  
Public Service Obligation

There exists broad consensus that the reality and persistence of corruption under the 1992 Ghanaian Constitution undermines the ongoing attempt at democratic consolidation and responsible governance. From the standpoint of constitutional trusteeship, corruption has been said to undermine regime legitimacy and the overall public service obligation incumbent on political actors. However, past attempts at fighting the menace through the mechanism of law reform have floundered. The recent passage of the Office of the Special Prosecutor's Act 2018 (Act 663) represents yet another statement of intent to reinforce the accountability framework of the constitution and presents opportunities for fresh but nuanced reflections on the impact of the Constitution and legal rules on the prevention and suppression of corruption in Ghana. This article reviews the passage of the new law within the context of the political economy of the Rule of Law (ROL) and anti-corruption initiatives in Ghana. In this vein, the author makes the broad claim that while advocates of the ROL might race to appropriate any glory for its passage and future effectiveness, the reality cannot be denied that legally exogenous factors arguably constitute the main levers of change in the fight against corruption in Ghana. Accordingly, the success of this law depends on a host of contextual systemic and other variables impacting its operation.

scholarly journals The politics of implementation of the judicial council model in Europe

2019 ◽  
Vol 11 (4) ◽  
pp. 503-520
Author(s):  
Pablo Castillo-Ortiz
Keyword(s):  
Comparative Analysis ◽  
Rule Of Law ◽  
Qualitative Comparative Analysis ◽  
The Political ◽  
Service Model ◽  
Liberal Democracies ◽  
European Continent ◽  
The Rule Of Law ◽  
Justice Model ◽  
Cross Country

AbstractCurrently, at least three approaches to judicial governance coexist in the European continent: the judicial council model, the courts service model, and the Ministry of Justice model. Although doctrinal and case-specific literatures abound on this topic, examples of cross-country studies explaining choices on these models of judicial governance are rather scarce. More particularly, we lack so far knowledge on how different factors interact in leading to the implementation of the judicial council model. This is striking, given the importance of judicial councils for the operation of the rule of law. Furthermore, explanations on the choices of models of judicial governance are essential to understanding the intricate issue of the political rationalities underlying macrolevel design of judicial institutions. Using qualitative comparative analysis and focusing on European liberal democracies, this article contributes to the literature in the field. It is shown that judicial councils are created when postauthoritarian countries implement new constitutions either in romanistic law countries or in countries subject to Europeanizing pressures.

Moral Character, Policy Effectiveness, and the Presidency: The Case of JFK

1998 ◽  
Vol 10 (4) ◽  
pp. 445-460
Author(s):  
W. J. Rorabaugh
Keyword(s):  
Rule Of Law ◽  
Political Process ◽  
The Political ◽  
Political Leaders ◽  
Checks And Balances ◽  
Abuse Of Power ◽  
The Rule Of Law ◽  
Founding Fathers ◽  
White Males ◽  
The People

The founding fathers laid down a number of principles for successful governance in the new republic. Among these, in the formal sense, were written constitutions, the division of power among three branches of government, checks and balances to prevent abuse of power, the rule of law, and equality before the law. Most of these ideas were English in origin and had been practiced, in varying degrees, in the colonies. The failure of the colonial polity, the founders believed, had occurred because at times British power in North America had been exercised in opposition to notions of sound governance. In addition, the founders heeded public opinion and accepted, somewhat reluctantly, broad participation by white males in the political process. Having experienced British tyranny, they embraced free speech and a free press. While these various principles, the founders agreed, were ingredients that could produce a republic, such a republic would be viable only if the people and their political leaders possessed virtue.

scholarly journals Between Populism and Technocracy: How National Executives in Bulgaria and Serbia Manipulate EU Rule of Law Conditionality

2021 ◽  
Vol 17 (2) ◽  
Author(s):  
Spasimir Domaradzki ◽  
Ivana Radić Milosavljević
Keyword(s):  
European Union ◽  
European Integration ◽  
Rule Of Law ◽  
The Political ◽  
Political Elites ◽  
Substantial Impact ◽  
The Rule Of Law ◽  
Eu Membership ◽  
The Impact ◽  
The Eu

This article explores how national executives in Serbia and Bulgaria address European Union (EU) rule of law conditionality by framing it within the populism/technocracy dichotomy. The rule of law remains one of the main problems of EU relations with the two countries. While acknowledging the nuances of pre- and post-enlargement Europeanisation, this article explores the technocratic and populist narratives exploited by the national executives in their interactions with the EU and their domestic public. Rather than positioning the current executives unequivocally either as populist or technocratic, we argue that the political elites act strategically in using both populist and technocratic techniques towards their publics when explaining interaction with the EU. We explore the extent this type of executive behaviour is determined by the countries’ formally different status. While we look for the levels of possible similarity and distinction in the two cases/countries stemming from their different EU membership status, our findings confirm the existence of strategic defensive populist and technocratic techniques applied towards the EU and the national public in both countries The aim of this strategy is to mitigate the impact of the EU rule of law pressure and to secure the persistence of the existing rule of law shortcomings within the process of European integration. Interestingly, our research did not identify substantial impact of the formally different status towards the EU of the two countries.

scholarly journals The Effect of Institutional Quality on Bank Lending in the Gulf Cooperation Council Countries

2016 ◽  
Vol 12 (1) ◽  
Author(s):  
Azmat Gani ◽  
Saeed Al-Muharrami
Keyword(s):  
Rule Of Law ◽  
Institutional Quality ◽  
Bank Lending ◽  
Gulf Cooperation Council ◽  
Regression Equation ◽  
Reduced Form ◽  
Government Effectiveness ◽  
The Rule Of Law ◽  
Regulatory Quality ◽  
Cross Country

AbstractThis paper examines the effect of institutional quality on lending by banks in Gulf Cooperation Council (GCC) group of countries. The methodology included the estimation of a reduced form regression equation utilizing cross country data for a range of variables capturing institutional quality. The empirical findings provide evidence that conventional institutional quality measured by: the time taken to enforce a contract, regulatory quality, the rule of law and government effectiveness; are inversely correlated with the lending by the banks, among other factors. Interestingly, our findings revealed that

scholarly journals EMPIRIC DEMOCRACY AND THE REFERENCE OF POLITICAL PARTIES IN SINGLE CANDIDATE ELECTIONS

2021 ◽  
Vol 8 (1) ◽  
pp. 130
Author(s):  
Sulistyowati Sulistyowati
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
Political Process ◽  
The Political ◽  
Legal Process ◽  
Dynamic Changes ◽  
The Rule Of Law ◽  
Approach Method ◽  
The Law ◽  
The Government

The dynamic changes in the Law on Election for Governors, Regents, and Mayors prove that there are dynamics and progressiveness in the implementation of Pilkada. The process of the birth of laws, including the process of the birth of amendments to the Law, is a legal political process. The legal political process is under the authority of the legislator. The approach method used is normative juridical method. The power of legislators in the political and legal process is not absolute, because the government also has a domain of authority, although not as big as the authority of legislators. The result states that The legal political process always rests on the principle of normative democracy as the embodiment of the das sollen principle. At the level of implementation of the rule of law, there will always be legal anomalies, because there is a mismatch between normative democracy as the embodiment of the basic principle with empirical democracy as the embodiment of the basic sein principle. The legitimacy of a single candidate in Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors makes the preferences of political parties increasingly pragmatism.

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

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