The importance of the political order for peace

2017 ◽  
Vol 9 (1) ◽  
pp. 24-37 ◽  
Author(s):  
Janja Mikulan Kildi ◽  
Victor Cepoi
Keyword(s):  
Rule Of Law ◽  
Sufficient Conditions ◽  
Theoretical Framework ◽  
Political Order ◽  
Political Factors ◽  
Content Type ◽  
The Rule Of Law ◽  
Depth Analysis ◽  
Fuzzy Set Analysis ◽  
Necessary And Sufficient

Purpose The purpose of this paper is to address the issue of security challenges in the selected states in Eurasia and Central and Eastern Europe from the perspective of peace and politics. Since the security situation differs significantly across the sub-regions under scrutiny, the main objective of the current research is to establish and test a theoretical model of relevant combinations of political factors and their relation to peace. The theoretical framework has been designed by following Fukuyama’s idea of political order and upgraded with the newly constructed index of social exclusion. Design/methodology/approach According to the objective and methodological gaps in this field, the paper applies comparative fuzzy set analysis. The method relies on the theoretical framework and empirical data and allows a constant communication between the two. It has allowed the research to focus on what conditions are necessary and/or sufficient for peace in the selected countries. Findings It is evident there are several different paths to achieve peace. However, the rule of law clearly constitutes both the necessary and sufficient conditions for peace in the selected regions. Moreover, the results of the research reveal that the concepts of interest are highly interlinked with each other, especially when it comes to the rule of law, state, and democratic accountability. Thus, further research should focus on in-depth analysis of each particular case to explore which conditions or combinations are decisive in particular setting. Originality/value Such findings can contribute to improving the areas where Eurasian countries are still lagging behind. Further research should focus on small but significant differences within these four groupings of countries, to improve the understanding of prerequisites for peace and contribute to the development of state and human security in the EU neighborhood.

Credibility Trap: Japan today and China tomorrow

2006 ◽  
Vol 25 (1) ◽  
pp. 31-50
Author(s):  
Kensei Hiwaki ◽  
Junie Tong
Keyword(s):  
Human Development ◽  
Present Article ◽  
Socioeconomic Development ◽  
Sufficient Conditions ◽  
Theoretical Framework ◽  
Normative Framework ◽  
Specific Culture ◽  
Prevention And Cure ◽  
Necessary And Sufficient

This article provides a theoretical framework for a long-term socioeconomic lethargy (Credibility Trap) that results from the liquidation of holistic society-specific culture. As for example, it deals with the cases of Japan today and China tomorrow, elaborating on the slight of their respective society-specific cultures in a century-long process of “modernization”. The present theoretical framework primarily consists of three pivotal concepts, viz., Credibility Trap, society-specific cultures (Cultures) and market fundamentalism (Market), which facilitates a clear, concise and effective argument that the liquidation of their respective holistic Cultures may intimately relate to their actual and potential socioeconomic lethargy. Also, the present article concentrates on the elaboration of some promising avenues for prevention and cure of Credibility Trap. Such avenues comprise the necessary and sufficient conditions for a balanced socioeconomic development; a theoretical framework for a perpetual “virtuous” circle among cultural enrichment, comprehensive human development and balanced socioeconomic development; and a normative framework of multi-faceted value enhancement for vitality augmentation and cultural enrichment within a society.

Rule of law and preventing fraud in Nigeria’s capital market

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Uchechukwu Nwoke ◽  
Ibenaku Harford Onoh
Keyword(s):  
Rule Of Law ◽  
Capital Markets ◽  
Capital Market ◽  
Critical Evaluation ◽  
Subject Area ◽  
The Body ◽  
Content Type ◽  
The Rule Of Law ◽  
Body Of Knowledge ◽  
Fresh Insight

Purpose The purpose of this paper is to critically analyse the correlation between the rule of law and the efficient functioning of capital markets. It attempts to examine the Nigerian capital market and how the rule of law can be used to prevent fraud and promote the proper functioning of the market. Design/methodology/approach The paper adopts the doctrinal approach through a critical evaluation of concepts. Using existing literature in the subject area, it evaluates the inter-connectedness between law and the capital market and how the rule of law is an important instrument in capital market development. Findings The paper finds that there have been numerous infractions of the rule of law by capital market actors, leading to stultification in the growth and development of this sector of the Nigerian economy. Originality/value The paper offers a fresh insight into the correlation between the rule of law and capital markets. By critically assessing the inter-connectivity between the two concepts, it extends the body of knowledge in this area by showing how the operations of the Nigerian capital market could be improved through the proper application of the rule of law.

scholarly journals The absolute power of the sovereign, bureaucracy, democracy and constitutional government in the works of Slobodan Jovanovic

Balcanica ◽  
2014 ◽  
pp. 399-434
Author(s):  
Vojislav Stanovcic
Keyword(s):  
Rule Of Law ◽  
Legal Theory ◽  
Institutional Development ◽  
Theoretical Framework ◽  
Modern State ◽  
Political Systems ◽  
Major Work ◽  
Absolute Power ◽  
The Rule Of Law ◽  
Constitutional Government

The papers discusses the views of Slobodan Jovanovic (1869-1958) on several phenomena of Serbia?s political and institutional development in the hundred years between the First Serbian Uprising in 1804 and the fall of the Obrenovic dynasty in 1903, and on different political systems, looking at the sources on which his thought drew upon, the ideas he was guided by and the theoretical framework of his legal and socio-political thinking. His major work, a legal theory of the state, as most of his other writings, was his own contribution to what he held to be a national mission, the building of a modern state based on the rule of law.

The State and Violence

2010 ◽  
Vol 8 (1) ◽  
pp. 293-296 ◽  
Author(s):  
Larry Diamond
Keyword(s):  
Conceptual Framework ◽  
Political Science ◽  
Rule Of Law ◽  
The State ◽  
Political Order ◽  
The Political ◽  
Modern State ◽  
Human History ◽  
The Rule Of Law ◽  
Social Orders

Violence and Social Orders: A Conceptual Framework for Interpreting Recorded Human History (Cambridge 2009) offers a theory of the evolution of the modern state and an even more ambitious framework “for interpreting recorded human history.” The book raises fundamental questions about the political structuring of violence, the functions of the rule of law, and the establishment and maintenance of political order. In doing so, it speaks to a range of political scientists from a variety of methodological and subfield perspectives. We have thus invited four prominent political science scholars of violence and politics to comment on the book: Jack Snyder, Caroline Hartzell, Jean Bethke Elshtain, and Larry Diamond.

“Key challenges facing the rule of law in Hong Kong”

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ryuta Hagiwara
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Design Methodology ◽  
Content Type ◽  
The Rule Of Law ◽  
Chinese Law

Purpose This paper aims to highlight key challenges to the rule of law in Hong Kong. Design/methodology/approach This study deploys a historical and legal approach to explore the key challenges to the rule of law in Hong Kong. In particular, this paper analyzes legal conflicts in Hong Kong. Findings The findings show how the rule of law in Hong Kong has become a prominent battlefield of a constitutional struggle between Hong Kong Law and Chinese Law. Originality/value This paper hypothesizes that the conflicts arise from the different interpretations and conceptualizations of the rule of law between China and Hong Kong.

Poland may compromise with EU over the rule of law

2021 ◽  
Keyword(s):  
Rule Of Law ◽  
Content Type ◽  
The Rule Of Law

Headline POLAND: Compromise over the rule of law is likely

Albania’s stalled EU bid will not halt judicial reform

2021 ◽  
Keyword(s):  
Rule Of Law ◽  
Direct Investment ◽  
Public Procurement ◽  
Organised Crime ◽  
Judicial Reform ◽  
Legal Environment ◽  
Medium Term ◽  
Eu Accession ◽  
Content Type ◽  
The Rule Of Law

Significance Rama’s remarks followed the arrest of Lushnja Mayor Fatos Tushe, accused of abuse of office regarding public procurement. A more proactive policy against corruption and organised crime, reflecting judicial reform, has prompted the Dutch parliament to remove its veto on Albania’s EU accession talks. Impacts Consolidation of the rule of law, while sluggish, has gained its own momentum and will result in more prominent politicians facing justice. A vigorous corruption crackdown could disrupt public services if corrupt but experienced officials are replaced and others become fearful. A more stable and predictable legal environment could encourage increased foreign direct investment in the medium term.

scholarly journals Finance, governance and inclusive education in Sub-Saharan Africa

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Simplice A. Asongu ◽  
Nicholas M. Odhiambo
Keyword(s):  
Secondary Education ◽  
Inclusive Education ◽  
Rule Of Law ◽  
Generalized Method Of Moments ◽  
Sub Saharan Africa ◽  
Content Type ◽  
Credit Access ◽  
Government Effectiveness ◽  
The Rule Of Law ◽  
Sub Saharan

Purpose The purpose of this paper is to assess the importance of credit access in modulating governance for gender-inclusive education in 42 countries in Sub-Saharan Africa with data spanning the period 2004–2014. Design/methodology/approach The generalized method of moments is used as empirical strategy. Findings The following findings are established: First, credit access modulates government effectiveness and the rule of law to induce positive net effects on inclusive “primary and secondary education.” Second, credit access also moderates political stability and the rule of law for overall net positive effects on inclusive secondary education. Third, credit access complements government effectiveness to engender an overall positive impact on inclusive tertiary education. Originality/value Policy implications are discussed with emphasis on sustainable development goals.

Lady Justice or the golden calf? The “China factor” in Hong Kong’s legal system

2019 ◽  
Vol 15 (2) ◽  
pp. 178-196
Author(s):  
Yan-Ho Lai
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Legal System ◽  
Legal Profession ◽  
Content Type ◽  
The Rule Of Law ◽  
Joint Declaration ◽  
Basic Law ◽  
Twentieth Anniversary ◽  
Political Economic

Purpose Despite the preservation of “One Country, Two Systems” for 50 years under the Sino-British Joint Declaration and Basic Law, changes are palpable due to the emergence of a real contest between liberal and pro-China actors in the legal profession and the legal environment in Hong Kong. After celebrating the twentieth anniversary of Hong Kong’s sovereignty transfer from Britain to China, it is valuable to study how the sovereign power influence the rule of law in its semiautonomous city by non-legal measures. This paper aims to offer a preliminary research on China’s political economic strategy, which is regarded as the “China factor”, in the legal system of Hong Kong, and its political, economic and legal-cultural impacts on the rule of law. Design/methodology/approach This paper argues that China exerts its influence over the legal system of Hong Kong in four domains, including ideology, political elections, legal organization and cross-border political economy. Based on media research and content analysis over published materials of various legal associations and institutions, it is found that China attempts to consolidate its control in Hong Kong by producing alternative legal ideology and discourse of the rule of law and by co-opting the legal profession under China’s united front strategy. Findings While there are liberal lawyers and legal scholars vocally engaging in defense of human rights and the rule of law in Hong Kong, a network of legal profession promoting socialist and authoritarian legal values has become prominent. Hong Kong’s legal culture will continue to be shaped in accordance with authoritarian characteristics and will adversely affect developing the rule of law in this international city. Originality/value This paper contributes to the study of China’s influence over the legal profession of Hong Kong and in general Hong Kong’s jurisdiction by offering an example to the international community that contributes towards understanding how China adopts different strategies to expand political significance beyond its border.

Romanian leaders will go further against rule of law

2018 ◽  
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Political Elite ◽  
Economic Damage ◽  
Communist Country ◽  
Constitutional Court ◽  
Court Ruling ◽  
Content Type ◽  
The Rule Of Law ◽  
Political Interference

Significance Iohannis had resisted Justice Minister Toader Tudorel’s request to remove Kovesi, the head of the National Anti-Corruption Directorate (DNA), but was undercut by a Constitutional Court ruling that he could only refuse on procedural grounds. A 15-year effort to remove the justice system from political interference is drawing to a close, making it far harder to subject the political elite to the rule of law. Impacts Romania may find it hard to avoid economic damage from the assault on the rule of law. The steep reverse in Europeanising this post-communist country will not easily be undone. Romania’s slide into being an illiberal and kleptocratic EU member will increase doubts about admitting similar applicant states.

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