The Politics of Corruption: Political Will and the Rule of Law in Post-Communist Romania

2010 ◽  
Vol 26 (3) ◽  
pp. 341-362 ◽  
Author(s):  
Mihaiela Ristei
Keyword(s):  
Rule Of Law ◽  
Political Will ◽  
The Rule Of Law

scholarly journals ‘When I See the ‘Broom’, I Will Pass over You’: An Assessment of President Muhammadu Buhari’s Anti-Corruption Crusade in Nigeria, 2015-2019

2021 ◽  
Vol 21 (2) ◽  
pp. 195-232
Author(s):  
O.O. Thompson ◽  
A.S. Afolabi ◽  
A.N. Raheem ◽  
C.A. Onifade
Keyword(s):  
Social Norms ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Press Releases ◽  
Political Will ◽  
The Rule Of Law ◽  
Media Reports

Corruption is a global phenomenon. Many states have embarked on several crusades to fight the menace, with little to show for these efforts. Using a critical analysis ofliterature, media reports and press releases, this articleassesses the anti-corruption crusade of President Muhammadu Buhari’s administration, 2015-2019. The article argues that in spite of the strategies and panoply of laws employed by the administration to tackle the menace, the crusade has to a large extent failed because the crusade is waged along ethnic and particularly party lines. The article recommends among other things the need for transparency in the crusade, building institutions, revival of social norms, political will, and respect of the rule of law.

scholarly journals Demokratska vladavina prava

2019 ◽  
Vol 56 (1) ◽  
pp. 87-106
Author(s):  
Olivier Jouanjan
Keyword(s):  
Rule Of Law ◽  
Direct Democracy ◽  
Fundamental Principle ◽  
Carl Schmitt ◽  
Modern Democracy ◽  
Political Will ◽  
The Rule Of Law ◽  
Administrative Control ◽  
The People ◽  
Collective Process

In Europe, democracy has a bright future. Not one democratic mechanism, however direct, cannot guarantee direct democracy. Therefore, the theory of populism by theoretician Carl Schmitt is analyzed « thoughts on Schmitt against Schmitt : Ernst-Wolfgang Böckenförde“. Furthermore, the democratic myth is discussed and its ideology. The state of rule of law of modern democracy and the two faces of modern democracy are analyzed. The need to participate in civil society in administrative control is stressed. The relation of the tension between democracy and rule of law is observed. The need to consider the concept of considering modern democracy in relation to the idea of rule of law, democracies under conditions of modern politics on the basis of which Böckenförde, referring to Hegel, calls the problem „division “are emphasized. It is precisely from this problem that Böckenförde shows that modern democracy can only be representative. Representation is a fundamental principle of the rule of law while representation means a system of formation necessary for expressing the political will of the people. Every formation of the collective process means the introduction of standards of procedure, significant guarantees and formal conditions of this process.

scholarly journals Disciplinary Proceedings as an Instrument for Breaking the Rule of Law in Poland

2020 ◽  
Author(s):  
Katarzyna Gajda-Roszczynialska ◽  
Krystian Markiewicz
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Social Insurance ◽  
The Political ◽  
National Council ◽  
Political Will ◽  
The Rule Of Law ◽  
Lower House ◽  
The Supreme Court ◽  
Disciplinary System

Abstract This article advances the thesis that disciplinary proceedings may constitute a tool for breaking the rule of law in Poland. In 2017, as part of a package of legal changes to the judiciary, a disciplinary system was created in Poland to ensure that judges were subservient to the political will of the authorities. From the beginning, new disciplinary officers appointed by the Minister of Justice (the Prosecutor General) have targeted judges who disagree with unconstitutional changes to the judiciary. Disciplinary proceedings are by no means repressions that affect judges who demand that other authorities respect the rule of law in Poland. The article discusses, on a step by step basis, the practical mechanisms taken by the political authorities to break the rule of law in Poland. Particular attention is paid to the measures which have been taken concerning the judiciary. The article discusses the judgment of the CJEU on 19 November 2019 in combined cases C-585/18, C-624/18, and C-625/18 and the implementing resolution of the combined Civil, Criminal and Labour and Social Insurance Chambers of the Supreme Court on 23 January 2020 as well as the collapse of the rule of law in Poland from a practical perspective. The analysis of the recent events shows that after the so-called Muzzle Law (A bill amending the Act on the Organization of Ordinary Courts, the Act on the Supreme Court and the Act on the National Council of the Judiciary was submitted on 12 December 2019, and then voted on by the parliamentary majority in the lower house of the Polish Parliament (Sejm) on 20 December 2019.) came into force, the application of the resolution of the combined Civil, Criminal and Labour and Social Insurance Chambers of the Supreme Court on 23 January 2020 implementing the CJEU judgment in the joined cases C-585/18, C-624/18, and C-625/18 of 19 November 2019 can be and, in fact, is penalized by further disciplinary proceedings, which constitutes a real threat to the already weakened rule of law. Institutions and, above all, judges who are safeguarding the rule of law are being destroyed.

THE CONTRIBUTION OF LEGISLATIVE DRAFTING TO THE RULE OF LAW

2018 ◽  
Vol 77 (3) ◽  
pp. 630-635 ◽  
Author(s):  
Philip Sales
Keyword(s):  
Rule Of Law ◽  
Political Will ◽  
Legal Form ◽  
The Rule Of Law ◽  
Formal Rule ◽  
Important Position ◽  
Law Making

AbstractDrafters of legislation occupy an important position of constitutional significance, involving the translation of political will into legal form. They help clarify and refine the instructions from politicians and create statutory schemes which are internally coherent and have external coherence with wider legal and constitutional values. They begin the process of disciplining and refining political will through application of constitutional reason, which is then continued at the stage of interpretation of statutes by the courts. Drafters of legislation thus contribute to the formal rule of law values of predictability and certainty and also to more substantive values of fairness and respect for constitutional principles and rights. The better the drafting of legislation, the smoother the integration of democracy and the rule of law and the less need there is for interstitial law-making by judges in the interpretive exercise.

The Court of the Eurasian Economic Union: An Adequate Body for Facilitating Eurasian Integration?

2016 ◽  
Vol 41 (3-4) ◽  
pp. 342-367 ◽  
Author(s):  
Zhenis Kembayev
Keyword(s):  
Rule Of Law ◽  
The European Union ◽  
Political Will ◽  
Community Court ◽  
The Rule Of Law ◽  
Eurasian Economic Union ◽  
Court Of Justice ◽  
First Case ◽  
Independent States ◽  
Economic Union

This article examines the structure and competences of the Court of the Eurasian Economic Union (eaeu Court). In doing so, it provides a comparative analysis of the eaeu Court with other judicial bodies created in the post-Soviet area, the Economic Court of the Commonwealth of Independent States and the Court of the Eurasian Economic Community (Community Court), as well as in some respects with the Court of Justice of the European Union (cjeu). Summarizing major problems of the eaeu Court and setting out the Court’s first case, the article argues that the rules governing the activities of the eaeu Court represent a significant setback against the progress achieved previously by the Community Court. This setback reflects the lack of political will of the eaeu members to transform the eaeu Court into an effective judicial body similar to the cjeu and their insufficient commitment to the rule of law.

scholarly journals Voting with the shilling: The 'Money Talks Factor' in Kenya's Public Policy and Electoral Democracy

2020 ◽  
pp. 92-111
Author(s):  
Wilson Muna ◽  
Michael Otieno
Keyword(s):  
Public Policy ◽  
Rule Of Law ◽  
Important Ingredient ◽  
Political Will ◽  
Political Activities ◽  
The Rule Of Law ◽  
Playing Field ◽  
Electoral Outcomes ◽  
Hydraulic Theory ◽  
Push And Pull

The influence of money in elections has become an important ingredient in determining electoral outcomes worldwide. The use of money in political activities has adversely affected the nature of public policy, governance, competition, the rule of law, transparency, equity and democracy. Although there are laws, policies and guidelines governing the use of money during elections, there is little political will to implement them. This paper examines how money, or the lack thereof, determines electoral outcomes in multi-party democracies with a focus on Kenya, employing both the hydraulic theory and the push-and-pull paradigm. The study found that in most cases, victory in elections follows those with money; in other cases, it is the potential for victory that attracts money from self-interested donors. The study calls on electoral bodies such as the Independent Electoral and Boundaries Commission to honour their mandate and demand compliance with set laws and regulations in a bid to entrench governance and create a level playing field for contestants.

scholarly journals Democratic Backsliding in the European Union

2019 ◽  
Author(s):  
Nick Sitter ◽  
Elisabeth Bakke
Keyword(s):  
European Union ◽  
Member State ◽  
Rule Of Law ◽  
European Parliament ◽  
The Other ◽  
Political Will ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
The Eu

Democratic backsliding in European Union (EU) member states is not only a policy challenge for the EU, but also a potential existential crisis. If the EU does too little to deal with member state regimes that go back on their commitments to democracy and the rule of law, this risks undermining the EU from within. On the other hand, if the EU takes drastic action, this might split the EU. This article explores the nature and dynamics of democratic backsliding in EU member states, and analyses the EU’s capacity, policy tools and political will to address the challenge. Empirically it draws on the cases that have promoted serious criticism from the Commission and the European Parliament: Hungary, Poland, and to a lesser extent, Romania. After reviewing the literature and defining backsliding as a gradual, deliberate, but open-ended process of de-democratization, the article analyzes the dynamics of backsliding and the EU’s difficulties in dealing with this challenge to liberal democracy and the rule of law. The Hungarian and Polish populist right’s “illiberal” projects involve centralization of power in the hands of the executive and the party, and limiting the independence of the judiciary, the media and civil society. This has brought both governments into direct confrontation with the European Commission. However, the EU’s track record in managing backsliding crises is at best mixed. This comes down to a combination of limited tools and lack of political will. Ordinary infringement procedures offer a limited toolbox, and the Commission has proven reluctant to use even these tools fully. At the same time, party groups in the European Parliament and many member state governments have been reluctant to criticize one of their own, let alone go down the path of suspending aspect of a states’ EU membership. Hence the EU’s dilemma: it is caught between undermining its own values and cohesion through inaction on one hand, and relegating one or more member states it to a second tier—or even pushing them out altogether—on the other.

scholarly journals POLITICAL WILL AS A BASIS FOR THE FORMATION OF A LEGAL STATE DURING MIKHAIL GORBACHEV`s MANAGMENT PERIOD

2021 ◽  
pp. 25-31
Author(s):  
Ruslan FATIKHOV ◽  
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
The Political ◽  
Mikhail Gorbachev ◽  
Political Will ◽  
The Rule Of Law ◽  
Socialist State ◽  
Factors Influencing

The article deals with topical issues of the formation and formation of the rule of law in the USSR during the reign of Mikhail Gorbachev. The article considers the factors influencing the process of transformation of the political system of the socialist state within the framework of the establishment of the rule of law. Special attention is paid to such a factor as the political will of the country's leader.

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