scholarly journals Is There a Comprehensive Explanation?

Author(s):  
Leonardo Morlino

Thinking over the empirical results, discussed in the previous chapters, we have to acknowledge that there is no direct intertwining between the freedoms and equalities when checking the domestic and external explanations. At the same time, the immediate and strong tension that also emerges in our analysis of freedoms concerns the contradictory demands of citizens about achieving security to cope with terrorism, with security that comes first. When reflecting on the data presented in the previous chapters, we can single out three patterns. The first is balanced democracy, characterized by the attempt of implementing both freedoms and equalities. The second is protest democracy, where the more substantial attention to equality is complemented by different possible types of protest, of a revendicative kind, a weak rule of law and inter-institutional accountability. The third is unaccountable democracy, where there may be relatively higher equality, complemented by weaker freedoms and above all the absence or the weakening of inter-institutional guardians who were relevant in establishing democracy. Corruption may be present along the lower side of the triangle to reinforce both patterns. The last part of the chapter proposes an overview of the literature about the questions addressed in the book. However, as in the published literature, there is no empirical work that addresses our questions, but works that address similar questions concerning equality only, freedom only or also the entire democratic regime.

Author(s):  
Sarah Guzick ◽  
Nicholas Robinson

Recent increases in global demand for palm oil have resulted in rapid, widespread deforestation in Indonesia, making Indonesia the third largest emitter of greenhouse gases in the world. Although the Indonesian government has sought to pursue progressive environmental policies to curb deforestation, such as through REDD+, implementation has been hampered by legal loopholes, corruption and weak rule of law. This paper will examine two alternative carbon sequestration policies to REDD+: a drying up of the palm oil market and a buy-out of palm oil plantations.


2020 ◽  
Author(s):  
Rustamjon Urinboyev

While migration has become a vital issue worldwide, mainstream literature on migrants’ legal adaptation and integration has focused on cases in Western-style democracies. We know relatively little about how migrants adapt in the ever-growing hybrid political regimes that are neither clearly democratic nor conventionally authoritarian. This book takes up the case of Russia—the third largest recipient of migrants worldwide—and investigates how Central Asian migrant workers produce new forms of informal governance and legal order. Migrants use the opportunities provided by a weak rule of law and a corrupt political system to navigate the repressive legal landscape and to negotiate, using informal channels, access to employment and other opportunities that are hard to obtain through the official legal framework of their host country. This lively ethnography presents new theoretical perspectives for studying legal incorporation of immigrants in similar political contexts.


Author(s):  
Henk Addink

The pivotal aim of this book is to explain the creation, development, and impact of good governance from a conceptual, principal perspective and in the context of national administrative law. Three lines of reasoning have been worked out: developing the concept of good governance; specification of this concept by developing principles of good governance; and implementation of these principles of good governance on the national level. In this phase of further development of good governance, it is important to have a clear concept of good governance, presented in this book as the third cornerstone of a modern state, alongside the concepts of the rule of law and democracy. That is a rather new national administrative law perspective which is influenced by regional and international legal developments; thus, we can speak about good governance as a multilevel concept. But the question is: how is this concept of good governance further developed? Six principles of good governance (which in a narrower sense also qualify as principles of good administration) have been further specified in a systematic way, from a legal perspective. These are the principles of properness, transparency, participation, effectiveness, accountability, and human rights. Furthermore, the link has been made with integrity standards. The important developments of each of these principles are described on the national level in Europe, but also in countries outside Europe (such as Australia, Canada, and South Africa). This book gives a systematic comparison of the implementation of the principles of good governance between countries.


Author(s):  
Kent Roach

This chapter examines the distinct operational and ethical challenges that prosecutors face in national security and especially terrorism cases. The second part of this chapter focuses on the operational challenges that prosecutors face. These include demands for specialization that may be difficult to fulfill given the relative rarity of national security prosecutions; the availability of special investigative powers not normally available in other criminal cases; exceptionally broad and complex offenses; and the demands of federalism and international cooperation. The third part examines ethical and normative challenges that run throughout the many operational aspects of the prosecutorial role in national security cases. These include the challenges of ensuring that often exceptional national security laws are enforced in a manner consistent with the rule of law and human rights. There are also challenges of maintaining an appropriate balance between legitimate claims of secrecy and legitimate demands for disclosure and between maintaining prosecutorial independence and discretion while recognizing the whole of government and whole of society effects of the many difficult decisions that prosecutors must make in national security cases.


Lexonomica ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 211-242
Author(s):  
Mitja Kovač ◽  
Marcela Neves Bezerra

Modern Brazil is plagued by social and economic inequalities, endemic violence, crime, and a weak rule of law. Once these narratives become dependent on each other, all aspects must be worked on to change the scenario the country is facing: insecurity, fear and a lack of opportunities. This paper argues that the unprecedented rise of social injustice in Brazil is not the result of short-term measures but is part of its history marked by economic and social inequalities extending from its colonial past until today and the deficient policies on crime that emerged in the mid-1990s. Moreover, the current massive incarceration, overcrowding of prisons combined with the absence of human living conditions is turning the prison system in Brazil into a gigantic, perpetual school of crime. Investment in education that directly helps to lower the crime rate must be aligned with a new, less repressive and more inclusive punitive policy so as to induce criminals not to return to their unlawful ways. It is suggested that Brazil can only properly develop if efficient legal institutions, the rule of law, and criminal sanctioning based on the principles of social justice are available to all citizens.


1994 ◽  
Vol 28 (1) ◽  
pp. 43-56 ◽  
Author(s):  
Meir Shamgar

Some fifteen years ago, an address on the subject of judicial review of the actions of the Knesset would have been extremely short and quite familiar to English jurists. Our practice was basically the same as in England: the Parliament is sovereign, its laws inviolate, and its inner proceedings immune from review.Beginning with two decisions in the early 1980s, Flato-Sharon and Sarid, the Court has gradually recognized the justiciability of a limited range of Knesset decisions. While the precise level of review varies according to the type of decision at issue, the Court's review has been motivated in all cases by the need to preserve the rule of law and the integrity of our democratic regime.


2020 ◽  
pp. 527-550
Author(s):  
Kristina Daugirdas

This chapter explores the promotion of the rule of law. In drafting and publishing Restatements of Foreign Relations Law, both the American Law Institute and the reporters have understood the projects as contributing to the rule of law at the international level, at the domestic level, or both. There are at least three distinct ways that these Restatements might promote the rule of law. First, they might do so by clarifying the content of the law. Second, the Restatements might contribute to the development of new legal rules, specifically to the evolution and consolidation of customary international law. Finally, the Restatements might promote the rule of law by promoting compliance with the law. Ultimately, the Third and Fourth Restatements have taken quite different approaches to promoting the rule of law. To some extent these different approaches are a consequence of changes in the legal landscape over the past three decades. They also reflect different choices that the reporters and the American Law Institute have made about how to carry out the project of restating foreign relations law.


2020 ◽  
Vol 45 (2-3) ◽  
pp. 248-267
Author(s):  
Sławomir Tkacz

The present paper aims to present an outline of the views of the Polish legal theorist Józef Nowacki (1923–2005). The claim put forward is that Nowacki was the chief representative of Hans Kelsen’s normativism in Polish legal theory. The paper begins with a short historical sketch presenting the reception of Hans Kelsen’s views in Polish jurisprudence, noting that in the post-war period the communist authorities believed that normativism was at odds with the then prevailing system of actually existing socialism. Drawing inspiration from German-speaking authors, Nowacki rejected the ideology prevailing in Poland at that time and became a staunch advocate of the normativist stance, in particular with regard to the theory of the legal system. The second part of the paper discusses Nowacki’s views regarding the concept of the rule of law, and the third and last part presents Nowacki’s critique of the case-law of the Polish Constitutional Court.


2012 ◽  
Vol 20 (3) ◽  
pp. 401-424 ◽  
Author(s):  
Xiaozu Wang ◽  
Lixin Colin Xu ◽  
Tian Zhu

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