scholarly journals Economic freedom and antisemitism

2020 ◽  
pp. 1-16
Author(s):  
Niclas Berggren ◽  
Therese Nilsson
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Economic Freedom ◽  
Complex Relationship ◽  
Economic Openness ◽  
The Rule Of Law ◽  
Doing Business ◽  
The World ◽  
Type Of Institution

Abstract We examine how variation in antisemitism across countries can be explained by economic freedom. We propose two mechanisms. First, the more economic freedom, the greater the scope of market activities. If people perceive Jews as particularly skilful at doing business at the expense of others, a greater reliance on markets can increase antisemitism. Second, a key type of institution undergirding the market is an effective and fair legal system, or the rule of law. The stronger the rule of law, the smaller the risk for exploitative behaviour, and the less hostile people will be towards groups seen as exploiters. If Jews are seen as such, more economic freedom reduces antisemitism. We use the ADL Global 100 survey of antisemitic attitudes and relate them, for up to 106 countries, to the Economic Freedom of the World index and its five areas. Our empirical findings confirm the two predictions: The more economic openness, the more antisemitism; and the stronger the rule of law, the less antisemitism. These findings indicate a complex relationship between markets and attitudes towards Jews.

scholarly journals The Preamble of 1945 Constitutions as Post-Colonial Normative Expression and Its Contextuality (A Politics of Law Analysis)

2019 ◽  
Vol 2 ◽  
pp. 00003
Author(s):  
Arasy Pradana A
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Colonial Period ◽  
The Other ◽  
The Rule Of Law ◽  
Post Colonial ◽  
Perpetual Peace ◽  
The World ◽  
First Time ◽  
Real Challenge

The proclamation of Indonesian independence on August 17, 1945, marked Indonesia's transition from being a nation as an imaginary community to being a state as a legal-rational community. For the first time, the Indonesian have the authority to form the rule of law independently, apart from the intervention of the colonial nation. The fierce spirit of anti-colonialism was immediately reflected in various legislative products, including the 1945 Constitution. The opening part of the 1945 Constitution, which is often regarded as the highest source of value in the Indonesian legal system, reflects a thick post-colonial spirit. During the colonial period, the legal system was built on hegemony, by placing indigenous people as The Other in their own homeland. They are labelled as third-class identities, under other national groups. This mentality is then tried to be reversed after independence. The values of independence, perpetual peace, and social justice are presented clearly into the Preamble of the 1945 Constitution. The Preamble of the 1945 Constitution inherited the anti-colonial spirit and immediately became a manifesto of resistance to colonial domination. However, the process of value petrifaction of the Preamble of the 1945 Constitution should not be considered as complete when that text was announced. The real challenge actually happened today, decades after Indonesia's independence. The injustice and hegemony relation that still occurs throughout the world ideally awakens the Indonesian to continue to contextualize anti-colonial values in the Preamble of the 1945 Constitution.

scholarly journals Do voters dislike liberalizing reforms? New evidence using data on satisfaction with democracy

2019 ◽  
Vol 15 (4) ◽  
pp. 631-648 ◽  
Author(s):  
Niclas Berggren ◽  
Christian Bjørnskov
Keyword(s):  
Panel Data ◽  
Rule Of Law ◽  
Economic Freedom ◽  
The Other ◽  
Government Size ◽  
The Rule Of Law ◽  
Satisfaction With Democracy ◽  
The World ◽  
Using Data ◽  
New Evidence

AbstractSince the early 1980s a wave of liberalizing reforms has swept over the world. Using panel data from 30 European countries in the period 1993–2015, we test the hypothesis that such reforms have led to voter dissatisfaction with democracy, since, it is argued, they have been undertaken in a non-transparent way, often during crises, and they have entailed detrimental consequences. The reform measures are constructed as distinct changes in four policy/institutional areas: government size, the rule of law, market openness, and regulation. Our results indicate that while reforms of government size are not robustly related to satisfaction with democracy, reforms of the other three kinds are – and in a way that runs counter to anti-liberalization claims. Reforms that reduce economic freedom are generally related to satisfaction with democracy in a negative way, while reforms that increase economic freedom are associated positively with satisfaction with democracy.

scholarly journals Perbandingan Sistem Hukum Antara Indonesia dan Malaysia

Wajah Hukum ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 414
Author(s):  
Sigit Somadiyono
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
The Rule Of Law ◽  
Advantages And Disadvantages ◽  
The World

This research is a comparative study of two laws in the world, Indonesian law and Malaysian law. The second study was conducted by comparing the terms of definition, characteristics, objectives, and legal system in the judicial structure. The study aims to look at comparisons of the two to find possible advantages and disadvantages. By comparatively comparative malaysian legal system, in fact, Indonesia is no worse than in Malaysia, in this study it turns out that Indonesia has many advantages that people who work and work in the field of law, and therefore the possibility of the rule of law in Indonesia is still better because many people are law-abiding. The State of Indonesia must create a good legal system, the structure of the court should consider the culture of society such as Malaysia, because law enforcement will be more effective when in accordance with the values or customs that have been formed in the society itself.

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.

Russia and EU Countries: Partnership for Modernization

2013 ◽  
pp. 54-61
Author(s):  
T. Romanova ◽  
E. Pavlova
Keyword(s):  
Rule Of Law ◽  
New Classification ◽  
Member States ◽  
The Rule Of Law ◽  
Normative Power ◽  
Eu Member States ◽  
The World ◽  
The Difference ◽  
The Eu

The article examines how the normative power, which the EU puts forward as an ideological basis of its actions in the world, manifests itself in the national partnerships for modernization between Russia and EU member states. The authors demonstrate the influence of the EU’s normativity on its approach to modernization as well as the difference in the positions of its member countries. It is concluded that there is no unity in the EU’s approach to democracy, human rights and the rule of law, and the new classification of EU member states, which is based on their readiness to act in accordance with the Union’s concept of normative power, is offered.

scholarly journals In the Absence of the Rule of Law: Everyday Lawyering, Dignity and Resistance in Myanmar’s ‘Disciplined Democracy’

2018 ◽  
Vol 28 (5) ◽  
pp. 573-599
Author(s):  
Alex Batesmith ◽  
Jake Stevens
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
State Power ◽  
Human Experience ◽  
Legal Systems ◽  
Material Support ◽  
The Rule Of Law ◽  
Alternative Perspective ◽  
The Individual ◽  
Individual Human

This article explores how ‘everyday’ lawyers undertaking routine criminal defence cases navigate an authoritarian legal system. Based on original fieldwork in the ‘disciplined democracy’ of Myanmar, the article examines how hegemonic state power and a functional absence of the rule of law have created a culture of passivity among ordinary practitioners. ‘Everyday’ lawyers are nevertheless able to uphold their clients’ dignity by practical and material support for the individual human experience – and in so doing, subtly resist, evade or disrupt state power. The article draws upon the literature on the sociology of lawyering and resistance, arguing for a multilayered understanding of dignity going beyond lawyers’ contributions to their clients’ legal autonomy. Focusing on dignity provides an alternative perspective to the otherwise often all-consuming rule of law discourse. In authoritarian legal systems, enhancing their clients’ dignity beyond legal autonomy may be the only meaningful contribution that ‘everyday’ lawyers can make.

The Rule of Law: The New Leviathan?

1999 ◽  
Vol 12 (1) ◽  
pp. 151-168 ◽  
Author(s):  
Olufemi Taiwo
Keyword(s):  
Rule Of Law ◽  
Philosophical Tradition ◽  
Global Level ◽  
The Rule Of Law ◽  
The World ◽  
Social Ordering ◽  
Soviet Communism ◽  
Just Society ◽  
Different Parts ◽  
The Ideal

These are the best of times for the Rule of Law. In all parts of the world, states, governments, and individuals, have found in the rule of law, at various times, a rallying cry, a principle of social ordering that promises the dawn of a just society that its supporters in Euro-American democracies claim to be its crowning glory, or a set of practices that is a sine qua non of a good society. The pursuit of the ideal is nothing new: after all, even those states where it was observed more often in its breach always paid lip service to it. And the defunct socialist countries of Eastern Europe, while they existed, could not escape its lure even as they sought to give it a different nomenclature—socialist legality. The movement towards the rule of law has accelerated after the collapse of Soviet communism and its foster progeny in different parts of the world. Given the present momentum towards the rule of law and the widespread enthusiasm with which it is being embraced and pursued at the global level, some would consider it somewhat churlish for anyone to inject any note of doubt or caution. This is more so when such a note emanates from Marxist quarters. But that is precisely what I wish to do in this essay. Although I do not intend to rain on the rule of law’s entire parade, I surely propose to rain on a segment of it: the Marxist float. I propose to look at the issue within the context of the Marxist politico-philosophical tradition.

scholarly journals Developing an Index of the Rule of Law: Sharing the Experience of Hong Kong

2007 ◽  
Vol 2 ◽  
pp. 1-19 ◽  
Author(s):  
Benny Y.T. Tai
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Legal System ◽  
Downward Trend ◽  
Legal Systems ◽  
Major Aspect ◽  
The Rule Of Law ◽  
Qualitative And Quantitative

AbstractThe Rule of Law is considered a major aspect of modern governance. For every legal system, it is important whether the Rule of Law is attained and how far it has been attained. Though there are various indicators and indexes of the Rule of Law they all have their limitations. This paper reported a study conducted in Hong Kong in 2005, combining qualitative and quantitative methodologies, to assess the level of attainment of the Rule of Law in Hong Kong. It is found that the level of attainment is high but a downward trend is also discovered. A main objective of developing this new methodology in assessing Rule of Law, is that it could be used for tracking the development of the Rule of Law in a particular legal system and facilitating comparison between legal systems.

Anti-Corruption Legislation In Turkish Law

2007 ◽  
Vol 8 (9) ◽  
pp. 903-914 ◽  
Author(s):  
Güne Okuyucu-Ergün
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Union Member ◽  
Political Stability ◽  
Foreign Investors ◽  
The Rule Of Law ◽  
The World ◽  
Almost All

Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.

scholarly journals Obama's National Security Exceptionalism

2017 ◽  
Author(s):  
Sudha N. Setty
Keyword(s):  
United States ◽  
National Security ◽  
Rule Of Law ◽  
The United States ◽  
International Norms ◽  
Global Community ◽  
The Rule Of Law ◽  
War Criminals ◽  
The World ◽  
International Obligations

Published: Sudha Setty, Obama's National Security Exceptionalism, 91 CHI.-KENT L. REV. 91 (2016).This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the rule of law when it comes to national security matters.

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