The Rule of Law, Market Order and China’s Party-State System

2018 ◽  
pp. 309-330
Author(s):  
Ning Wang
Keyword(s):  
Rule Of Law ◽  
State System ◽  
The Rule Of Law ◽  
Market Order ◽  
Party State

scholarly journals Applied aspects of accounting the principle of the rule of law in system analysis and simulation of the state system of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 14-18
Author(s):  
V.F. Obolentsev
Keyword(s):  
Rule Of Law ◽  
Systems Engineering ◽  
System Analysis ◽  
Civil Liberties ◽  
System Engineering ◽  
The State ◽  
State System ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
The Law

The rule of law is a fundamental principle of the legal sphere. Its assertion in the state institutions of democratic countries is an outstanding achievement of mankind. The implementation of this principle is the basis of civil society and civil liberties. The rule of law is the supremacy of law in society. The rule of law provides for its implementation in law-making and law enforcement activities. The manifestation of the rule of law is that the law is not limited to legislation as one of its forms, but also includes other social regulators (norms of morality, traditions, customs, etc., which are legitimized by society). All these elements of law are united by a quality that corresponds to ideology of justice – the idea of law, which is largely implemented in the Constitution of Ukraine. The first problem for the implementation of the principle of law in Ukraine is that this principle has not yet received the proper normative consolidation and official interpretation. The second problem is its extension to socio-economic rights and social benefits. The third problem is the insufficient level of legality in our state. The aim of the paper is to establish the peculiarities of implementation of the principle of the rule of law at the present stage of development of scientific and technological progress. The task of the paper is to investigate the peculiarities of implementation of the rule of law in the application of information and analytical technologies of system engineering in the legal sphere. In accordance with the experience of using information-analytical technologies of system engineering in the legal sphere, the paper outlines the peculiarities of implementation of the principle of the rule of law in the system analysis and modeling of the state system of Ukraine. The principle of the rule of law must be taken into account in such modeling as "governing circumstance". That is the resource according to which the state system of Ukraine functions. Our preliminary works give grounds to assert that information and analytical technologies of systems engineering are also a promising methodological tool for studying the principles of state building. The principle of the rule of law is the cornerstone of building a democratic state governed by the rule of law in Ukraine. Three years ago, scholars moved away from identifying the rule of law with the law-creating instruments.

scholarly journals “Rule of Law” in a Party-State: A Conceptual Interpretive Framework of the Constitutional Reality of China

2015 ◽  
Vol 2 (1) ◽  
pp. 93-113 ◽  
Author(s):  
Ling LI
Keyword(s):  
Rule Of Law ◽  
Chinese Communist Party ◽  
Structural Features ◽  
The State ◽  
The Rule Of Law ◽  
Normative System ◽  
Delegation Of Authority ◽  
Structural Integration ◽  
Decision Making Processes ◽  
Party State

AbstractThis article identifies and conceptualizes the structural features of the Party-state and proposes a “dual normative system” as a framework to interpret the constitutional reality of China. This framework has four components: (1) structural integration of the Chinese Communist Party (CCP or the Party) and the state; (2) reserved delegation of authority to the state; (3) bifurcation of state decision-making processes; and (4) cohabitation of the two normative systems: one of the Party and one of the state. This article demonstrates that the political reforms in China since the 1980s have not separated the power of the Party and the state, but have created an increasingly institutionalized dual normative system that is more complex compared with the previous fused system, yet more pliable to adjustments and more open to different interpretations, including to that of the “Party-state constitutionalism”, which interprets the “rule of law” as compatible with the rule of the Party.

Russian ‘Liberal’ Opposition: The Divide Be-Tween ‘Radicals’ and ‘Moderates’?

2013 ◽  
Vol 9 (1) ◽  
pp. 63-70
Author(s):  
Anna Taitslin
Keyword(s):  
Rule Of Law ◽  
Private Property ◽  
Sufficient Condition ◽  
Necessary And Sufficient Condition ◽  
Social Consensus ◽  
The Rule Of Law ◽  
The One ◽  
The Right ◽  
Necessary And Sufficient ◽  
Party State

The paper reflects on the divide emerged amidst the liberal opposition in Russia between the left liberals and the right liberals. The divide is not just about split-up between the radicals and the moderates. It re-flects the crisis of liberal ideas as formed in the 1990s, when the tran-sition to economy based on private property was seen as necessary and sufficient condition for dismantling the command economy and the one-party state. The ultimate issue at hand is the notion of the rule of law and a possibility of wider social consensus on the minimal rule of law threshold.

Demokratischer Konstitutionalismus

2021 ◽  
Keyword(s):  
Welfare State ◽  
Rule Of Law ◽  
Fundamental Rights ◽  
The Other ◽  
Liberal State ◽  
The Rule Of Law ◽  
The One ◽  
Party State ◽  
The Welfare State

For Dieter Grimm, the constitution that emerged from the bourgeois revolutions of the 18th and 19th centuries appears as one of the greatest achievements of our time. Originally geared to the liberal state, it now faces challenges from within and without. The party state and the welfare state on the one hand, and Europeanisation and globalisation on the other, are escaping its grip. The question is therefore whether and how the specific conjunction of democracy and the rule of law, including fundamental rights, can be maintained under the changing conditions. With contributions by Wolfgang Hoffmann-Riem, Anna-Bettina Kaiser, Christine Landfried, Christoph Möllers, Ulrich K. Preuß, Dominik Rennert, Helge Rossen-Stadtfeld, Lars Viellechner, Uwe Volkmann, Hans Vorländer and Rainer Wahl.

Changing the rule of law

IEE Review ◽  
1989 ◽  
Vol 35 (6) ◽  
pp. 218
Author(s):  
Clifford Gray
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law
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