The Chief and the Channels: How Satellite Television Sparked a Social Movement for the ‘Rule of Law’ that Is Restructuring Political Power in Pakistan

2015 ◽  
pp. 174-193
Author(s):  
Shahan Mufti
Keyword(s):  
Social Movement ◽  
Rule Of Law ◽  
Political Power ◽  
Satellite Television ◽  
The Rule Of Law

APPLICATION OF THE RULE OF LAW IN JUDICIAL PRACTICE

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Relations ◽  
Political Power ◽  
Early Stage ◽  
The State ◽  
Broad Sense ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Judicial Practice

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.

The State

2020 ◽  
pp. 73-108
Author(s):  
Joseph W. Pearson
Keyword(s):  
Rule Of Law ◽  
Political Power ◽  
The State ◽  
The Rule Of Law ◽  
Public Action

This chapter explains Whig understanding of political power, the rule of law, and the proper scope of state or public action.

The Concept of the Rule-of-Law State in Carl Schmitt’s Verfassungslehre

2014 ◽  
Author(s):  
David Dyzenhaus
Keyword(s):  
Rule Of Law ◽  
Political Power ◽  
The Political ◽  
Constitutional Theory ◽  
Individual Liberty ◽  
The Rule Of Law ◽  
Liberal Tradition ◽  
Oral Argument ◽  
The Law

This chapter focuses on Schmitt’s critique of the rule of law in his Constitutional Theory. Schmitt argues that liberalism, which once tied the rule of law to the protection of individual liberty, has deteriorated into an account in which any valid law is considered legitimate just because it is valid. This critique is driven by Schmitt’s conception of politics, and, as his oral argument in a crucial constitutional case of 1932 illustrates, his position affirms that law cannot be more than a mere instrument of political power and that it can stabilize politics only if the political power is exercised to bring about a substantive homogeneity in the population subject to the law. In conclusion, it is suggested that Schmitt points to genuine weaknesses in the liberal tradition that require an elaboration of a secular conception of authority in which principles of legality play a central role.

The European Community, the Rule of Law and Representative Government: The Significance of the Intergovernmental Conferences

1991 ◽  
Vol 26 (2) ◽  
pp. 199-214
Author(s):  
John Pinder
Keyword(s):  
European Community ◽  
Monetary Union ◽  
Rule Of Law ◽  
Economic Efficiency ◽  
Political Power ◽  
Economic And Monetary Union ◽  
Representative Government ◽  
Political Union ◽  
Political Values ◽  
The Rule Of Law

THE INTERGOVERNMENTAL CONFERENCES ON ECONOMIC and monetary union and on political union will have consequences for economic efficiency and for political power within the European Community. Both will be important for the future of Europe. But the focus of this article is somewhat different: the implications for the rule of law and representative government. Only somewhat different, because the rule of law and representative government provide the most secure framework for economic efficiency and political power. But more significant, because they not only provide that framework but also embody fundamental political values.

scholarly journals Comparative characteristics of the basic concepts of Eastern and Western legal cultures

2021 ◽  
Vol 8 (4) ◽  
pp. 16-20
Author(s):  
Yuliya Kulakova ◽  
Violetta Gorokhova
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Order ◽  
Political Power ◽  
Qualitative Difference ◽  
Legal Culture ◽  
The Rule Of Law ◽  
Legal Traditions ◽  
Basic Concepts ◽  
Legal Concepts

This article is devoted to the analysis of the peculiarities of legal cultures of Eastern countries. The authors conclude that the understanding of legal traditions is impossible without taking into account the ideological traditions of these societies. For example, the qualitative difference between law, as the most important social regulator based on traditional religious grounds, and legal law, coming from political power, aimed at maintaining social and social order, shows the peculiarity of Eastern legal cultures, which consists in the fact that ordinary state law is a secondary conditional legal phenomenon, in relation to unconditional traditional and religious norms. Thus, it explains the lack of development and absence in the traditional legal culture of regulation of such basic legal concepts for modern Western legal culture as human rights and obligations, the idea of the rule of law, etc.

scholarly journals Między polityką a prawem. Problem „upolitycznienia” tworzenia prawa

2017 ◽  
Vol 110 ◽  
pp. 115-132
Author(s):  
Tadeusz Biernat
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Political Power ◽  
The Political ◽  
The Rule Of Law ◽  
The Creation ◽  
The Law ◽  
Politics And Law ◽  
Law Making

BETWEEN POLITICS AND LAW. THE PROBLEM OF “POLITICIZATION” THE CREATION OF LAWThe purpose of this article is to analyze the phenomenon of “politicization” of the law making process. Astrong form of politicization is the political instrumentalization of law when the law is treated as the implementation of particular interests of the political power; when is created in violation of the legality of the law-making activities; when it violates the rights of individuals human rights. The weaker but more common form of politicization the creation of law is related to the violation by apolitical authority, legislative body, additional restrictions imposed on it, which are supposed to guarantee ahigh level quality of the law. Three of the most characteristic limitations will be the basis for analyzing the phenomenon of politicization of law making. They are related to: the legitimization of law-making, the democratization of law-making process, and the standards of legislation that are characteristic of lawmaking in ademocratic state under the rule of law. To some extent, these phenomena are interconnected, one can say that they are involved in shaping the pat­tern of the proper legislation by preventing or reducing the politicization of the lawmaking process and its key decisions.

Defining the Nature and Limits of Presidential Powers in the Transitional Constitution of South Sudan: A Politically Contentious Matter for the New Nation

2017 ◽  
Vol 61 (1) ◽  
pp. 23-39 ◽  
Author(s):  
Mark A W Deng
Keyword(s):  
Rule Of Law ◽  
Political Power ◽  
South Sudan ◽  
The Political ◽  
Federal System ◽  
The Rule Of Law ◽  
New Nation ◽  
Democratic Constitution

AbstractThis article reflects on the Transitional Constitution of South Sudan and the political tumult in which it has landed the country. In particular, it looks at the contentious provisions of article 101(r) and (s) of the constitution, which give the president powers to remove an elected state governor and appoint a new governor, upon the occurrence of a crisis whose nature is undefined in the constitution and remains intellectually inconceivable. The article argues that these provisions concentrate political power in the hands of president, to the extent that they undermine the development and maintenance of democracy and the rule of law in the country. In conclusion, it argues for the adoption of a democratic constitution and a federal system of government as the solution to the concentration of political power in Juba.

Rule of law and the size of government

2011 ◽  
Vol 8 (1) ◽  
pp. 49-69 ◽  
Author(s):  
RANDALL G. HOLCOMBE ◽  
CORTNEY S. RODET
Keyword(s):  
Empirical Analysis ◽  
Rule Of Law ◽  
Political Power ◽  
Political Stability ◽  
Government Expenditures ◽  
Ruling Class ◽  
Size Of Government ◽  
The Rule Of Law ◽  
Legal Structure

Abstract:If those with political power benefit from corrupt institutions, rulers might not adopt the rule of law so the ruling class can command a larger share of a smaller pie. An empirical analysis reveals that the size of government is larger in those countries that enforce the rule of law. If government expenditures provide some measure of the ability of the ruling class to command resources, this suggests that those with political power could benefit from imposing a fairer and more objective legal structure. Another conjecture is that those in power maintain corrupt governments to pay off their supporters and enhance their ability to remain in power. However, the rule of law is also positively associated with political stability, so better enforcement of the rule of law also enhances the ability of incumbent governments to remain in power.

John Locke—Theorist of Limiting and Supervising Political Power by Citizens

2021 ◽  
Vol 31 (2) ◽  
pp. 49-65
Author(s):  
Adriana Neacșu ◽  
Keyword(s):  
Rule Of Law ◽  
Common Good ◽  
John Locke ◽  
Political Power ◽  
Use Of Force ◽  
Political Regime ◽  
The Rule Of Law ◽  
The Social ◽  
Social Pact ◽  
The Common

This paper aims to analyze John Locke’s ideas on the limited political mandate of the institutions of power, and the need for their supervision and sanctioning by citizens when they violate their duties. It emphasizes the topicality of these ideas, pointing out that they represent two fundamental principles in the functioning of the rule of law, defining the current democracies. Locke justified them starting from the hypothesis that society was founded by people through a deliberate pact, so that the common good could be promoted more effectively, and the legitimacy of political power is conditioned by the observance of this task. Therefore, if political power violates the social pact, it can be overthrown by citizens even by force. The author then raises the question if the use of force to change a political regime can still be justified today. Her answer is that this is an objective mechanism, which appears implacably in all unjust societies, and the only way to defuse it is for states to permanently respect the rights and freedoms of all citizens.

Conclusion

2017 ◽  
Author(s):  
Qiang Fang ◽  
Xiaobing Li
Keyword(s):  
Rule Of Law ◽  
Political Power ◽  
Legal Rights ◽  
Ordinary People ◽  
The Rule Of Law ◽  
Local Officials ◽  
The Law ◽  
At Will

The Conclusion highlights the main arguments in each chapter and uses “the legal asymmetry” to demonstrate the inequality of law between citizens and powerful officials. While local officials could violate law at will without fear of being punished, ordinary people had to adopt mainly legal methods to defend their legal rights. It is because the law is under control of political power and there is no the rule of law.

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