Constitutionalism and the Rule of Law

2009 ◽  
Author(s):  
Shannon C. Stimson
Keyword(s):  
European Union ◽  
Eastern Europe ◽  
Rule Of Law ◽  
Political Discourse ◽  
The Rule Of Law ◽  
The Public ◽  
Public Imagination

This article examines the relation between the rule of law and constitutionalism. It attempts to provide a better understanding of the ambiguous construct of the rule of law which still remains in the public imagination as a formative part of political discourse. It analyses the role of the rule of law within the constitutional structure of a progressively more formalized European Union or within the more recently constituted post-communist states of Eastern Europe and considers the manner in which some contemporary jurisprudential and political thinkers have considered the rule of law.

scholarly journals State-building for the market economy in Eastern Europe

2020 ◽  
Vol 70 (4) ◽  
pp. 471-491
Author(s):  
Paul Hare
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Law And Economics ◽  
Recent Analysis ◽  
The Rule Of Law ◽  
State Institutions ◽  
Role Of The State ◽  
New States ◽  
The Eu

AbstractKornai's earlier works embodied the idea that state institutions formed a system with a strong tendency to reproduce itself, and hence to resist minor reforms. Thus, at the end of socialism, huge changes were needed in politics, economics, and the law to build a new system oriented towards the market-type economy, which would again be stable, self-reinforcing and self-sustaining. Transition promoted the development of new states in Eastern Europe that conformed to the Copenhagen criteria for the EU accession. Were we too hasty in thinking that we had succeeded? The new systems are not returning to the previous one, and only in a few areas have the basic norms of a market-type economy been set aside in Hungary or Poland. But concerns arise at the interface between politics, law and economics – to do with the rule of law, the nature and role of the state, and the interactions between parliament, the executive and the judiciary. Unavoidably, there is also an interesting international dimension here, represented by the shift from the Warsaw Pact and CMEA to NATO and the EU. This paper explores these issues in the light of some of Kornai's recent analysis of developments in Hungary, while also drawing on his very insightful earlier works.

scholarly journals CORRUPTION, CAPITAL ABUNDANCE AND ECONOMIC DEVELOPMENT: EVIDENCE FROM THE EUROPEAN UNION COUNTRIES

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc
Keyword(s):  
European Union ◽  
Economic Development ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Explanatory Power ◽  
The European Union ◽  
The Rule Of Law ◽  
European Union Countries ◽  
The Relationship

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.

scholarly journals From the Persuasion of Theory to the Certainty of Law

2018 ◽  
Vol 5 (2) ◽  
pp. 179-202 ◽  
Author(s):  
Saleh Al-Sharieh ◽  
Jeanne Mifsud Bonnici
Keyword(s):  
Quality Of Life ◽  
European Union ◽  
Crime Prevention ◽  
Rule Of Law ◽  
Community Policing ◽  
Legal Framework ◽  
High Quality ◽  
The Rule Of Law ◽  
The Public

This paper analyses the legal bases of community policing under European Union (EU) law and the national laws of England, France, Germany, Italy, Romania and Portugal. Community policing arguably helps the police achieve efficient policing while respecting the requirements of the rule of law, a founding value of the EU, and can be a form of co-operation between the EU Member States under the EU legal framework for crime prevention. Moreover, the law in the selected jurisdictions supports four elements of the community policing model: (1) the public-police partnership in establishing policing strategies and priorities; (2) the public-police partnership for crime prevention and detection; (3) proactive and preventive policing; and (4) the police as providers of high quality services tailored to improve people’s quality of life. These elements are interrelated and interdependent: their holistic legal articulation is necessary for their effective existence.

scholarly journals Constitutionalizing the act of justice in the European Union

2020 ◽  
pp. 47-63
Author(s):  
MARIETA SAFTA
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
The European Union ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Public ◽  
Necessary Being ◽  
National Courts ◽  
Constructive Dialogue

This study addresses a component of the constitutionalization process at the Union level, namely the act of justice, considering its importance for the evolution of the constitutionalization process. The significance and importance of the constitutionalization of the act of justice are analyzed, as well as the premises and mechanisms of the constitutionalization of the act of justice in the European Union, with particular reference to the jurisprudence of the Romanian Constitutional Court. In this context, the control of constitutionality appears as a decisive modeling factor of the normative action of the legislator and even of the public policies. The constructive dialogue – if we refer to the two legal orders, national and supranational – is all the more necessary, being noticeable the key role played by national courts – and in particular constitutional courts – in defending the rule of law in the European Union, including through their collaboration with the CJEU in cases and through the instruments provided for in the Constitutions and the Treaties.

scholarly journals Austrian Constitution - general aspects

2018 ◽  
pp. 75-83
Author(s):  
OLGA-ANDREEA URDA
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
The European Union ◽  
The Rule Of Law ◽  
Fundamental Law ◽  
General Aspects ◽  
The Comparative Study ◽  
Point Of Reference

The present article aims at presenting the Austrian fundamental law with the highlighting of some essential aspects regarding the exercise of the legislative, executive and judicial powers, the institutional particularities and, last but not least, the evolution of the regulation that was generated generated by the state's accession to the European Union. Constitutional control is another aspect that we have focused into the study, considering the important role of the Constitutional Court in the rule of law. The conducted analysis has significant valences, especially in the context in which it can signify a point of reference in the comparative study of constitutional regulations

scholarly journals THE PARTICIPATION OF THE PROSECUTOR IN CIVIL PROCEED-INGS AS A GUARANTEE OF ENSURING THE EFFECTIVENESS OF LEGAL PROTECTION. SOME REMARKS

2017 ◽  
Vol 28 (1) ◽  
pp. 9-22
Author(s):  
Joanna Misztal-Konecka
Keyword(s):  
Rule Of Law ◽  
Public Interest ◽  
Legal Protection ◽  
Great Caution ◽  
The Rule Of Law ◽  
The Public ◽  
Civil Proceedings ◽  
The Moment ◽  
Civil Matter

The role of the prosecutor in the legal system is traditionally perceived in the context of performing tasks relating to the prosecution of offences and upholding the rule of law. It is worth mentioning, however, that pursuant to Article 7 sentence 1 of the Code of Civil Procedure the prosecutor may petition to institute proceedings in any civil matter as well as participate in any pending proceedings if he considers his presence necessary to protect the rule of law, citizens’ rights or social interest. While the broad competence range of the prosecutor in civil proceedings has been assessed with high criticism in the literature on numerous occasions, it is with great caution that one should view possible tendencies towards exclusion of the prosecutor as an attendant of proceedings, without affiliation to either party, when the public interest calls for their participation. Especially in the cases where the court notifies the prosecutor of the need to participate in proceedings, one ought to conclude that it is the moment when the principle of effective legal protection becomes most fully realized through equalizing the litigious position of the parties and prevention of the occurrence of a defect which might invalidate the proceedings. The author postulates transforming notification of the need to participate in proceedings served on the prosecutor into summons for attending it.

The Importance of the Rule of Law in Governance

2019 ◽  
Vol 6 (1) ◽  
pp. 73-90
Author(s):  
Daham Smko Hussein ◽  
Kittisak Jermsittiparsert ◽  
Paiman Ahmad
Keyword(s):  
Rule Of Law ◽  
Developing World ◽  
Public Institutions ◽  
Role Of Government ◽  
The Rule Of Law ◽  
The Public ◽  
Main Thesis ◽  
Theoretical Foundations

The purpose of this paper is to critically analyze the theory of governance and the role of law. The paper attempts to provide a constructive understanding of the rule of law and governance clearly. This study is composed of three main parts; the first part examines the literature on the concept of governance and its solid theoretical foundations. The second part reviews rule of law and the role of government in the process of governance. Third part intends to broaden the understanding of how governance is affected by rule of law especially in the developing world. The last part of this study deals with the conclusions and findings. The theoretical relevance of this paper contributes to a better understanding of specific components and factors that interlink governance and rule of law together in the public institutions. The main thesis of this study is, to what extend governance is affected by the rule of law?

The Enlightenment, Public Memory, Liberalism, and the Post-Communist World

2006 ◽  
Vol 20 (3) ◽  
pp. 395-418 ◽  
Author(s):  
Steven M. DeLue
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Public Memory ◽  
The Rule Of Law ◽  
Liberal Democratic ◽  
The Enlightenment ◽  
Political Relationships ◽  
Equal Respect ◽  
Do So

This article discusses the central role of public memory of radical injustice—or the systematic denial by a regime of the principle of equal respect for persons under the rule of law—in creating and preserving a liberal democratic regime. My contention is that, in the aftermath of the Enlightenment, efforts to deny equal respect in a systematic way to entire groups of people must be remembered by a society—indeed, there is a moral obligation to do so. And when these events are remembered, the basis for establishing and maintaining the rule of law in society on behalf of civic equality is more likely. A public memory of radical injustice has become much stronger in the countries of Eastern Europe than in Russia, and I speculate what the consequences of this circumstance are likely to be for the political relationships between Russia and the countries of Eastern Europe.

The Constitutional Court and Others in Romanian Constitutionalism – 25 Years After

ICL Journal ◽  
2017 ◽  
Vol 11 (4) ◽  
Author(s):  
Bianca Selejan-Guțan
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
The European Union ◽  
The Rule Of Law ◽  
Actual Role ◽  
Central Elements ◽  
Constitutional System ◽  
Critical Overview

AbstractThe current Romanian constitutional system, established in 1991, has undergone numerous formal and informal developments in the last 25 years. The main issues that arose in the decade since the country’s adhesion to the European Union were the respect for the rule of law, independence of the judiciary and the fight against corruption. In this context, the Constitutional Court has been one of the central elements of the rule of law guarantee in Romania. This paper intends to present a critical overview of the actual role of the Constitutional Court in the Romanian constitutional system, in the different contexts that link the Court with ‘others’, ie mainly with State powers (the Court itself being and independent organ, placed outside the judicial power).

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