justice-at-a-crossroads-the-legal-profession-and-the-rule-of-law-in-the-new-egypt-november-2011

2016 ◽  
Keyword(s):  
Rule Of Law ◽  
Legal Profession ◽  
The Rule Of Law

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.

Vladimir Spasovich and the Development of the Legal Profession in Russia

2004 ◽  
Vol 32 (3) ◽  
pp. 593-603
Author(s):  
Peter Roudik
Keyword(s):  
Rule Of Law ◽  
Legal Profession ◽  
Political Life ◽  
Legal Rights ◽  
Russian Society ◽  
The Rule Of Law ◽  
Legal Traditions ◽  
The Social ◽  
History Of ◽  
The Individual

Russian society is currently struggling on its road towards recognizing the rights and freedoms of the individual, as well as towards establishing the rule of law and institutions, norms and procedures of a civil society. The current poor state of the legal profession is due significantly to lawyers with substandard qualifications. This fact has delayed the speed of progressive social, political and spiritual reforms, and has complicated the quest for freedom and legal rights by the Russian people. An analysis of the previous Russian experience and a creative interpretation of state and legal traditions might be useful to solve current problems. One such lesson may be learned from studying the history of the Bar (Advokatura), which once used to influence the social and political life in Russia.

The Legal Profession in Europe: Achievements, Challenges and Chances

2003 ◽  
Vol 4 (3) ◽  
pp. 263-276 ◽  
Author(s):  
Hans-Jürgen Hellwig
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Legal Profession ◽  
The European Union ◽  
The Rule Of Law ◽  
50Th Birthday ◽  
Hugo Grotius ◽  
Birthday Celebration

First of all I want to express my deep gratitude for having been given the honour to speak to you today. A lawyer from Germany addressing the 50th birthday celebration of the Nederlandse Orde van Advocaten - that would have been inconceivable back in 1952 when the Dutch Bar was founded. This inconceivable idea has become reality thanks to the rule of law. After all, the rule of law has been the fundament on which the treaties establishing the European Union of today have been based. Incidentally, the first such treaty, the European Coal and Steel Community Treaty dates of the same year 1952. We all, and in particular we foreign lawyers, should pay tribute to Hugo de Groot (Hugo Grotius), this magnificent Dutch lawyer, who centuries ago has laid the theoretical bases therefor.

scholarly journals THE LEGAL PRACTITIONERS PROFESSIONAL NEGLIGENCE IN NIGERIA: EVALUATION OF THE GENERAL LIABILITY AND IMMUNITY AFFORDED ON LEGAL PRACTITIONERS IN THE CONDUCT OF THEIR CLIENT’S CASE

2021 ◽  
pp. 27-41
Author(s):  
Oluwakemi Odeyinde ◽  
Keyword(s):  
Rule Of Law ◽  
Historical Development ◽  
General Rule ◽  
Legal Profession ◽  
Standard Of Care ◽  
Professional Conduct ◽  
Pragmatic Approach ◽  
Professional Misconduct ◽  
The Rule Of Law ◽  
Court Proceedings

This paper reviews the legal practitioner’s professional negligence in Nigeria and the rule of law exempting lawyers from liability for negligence in the conduct of proceedings in court, tribunal or other body. The introduction reminds us of the historical development of the legal profession. It examines the concept of professional negligence which involves misconduct or malpractice in the course of practicing one’s profession. The law places more responsibility on the professional in the exercise of judgment. Therefore the standard of care expected of a professional is high. The general rule is that a legal practitioner can be held liable for professional negligence. He may also be found guilty of professional misconduct or malpractice where he contravenes any of the rules of professional conduct. However, there exists a law in Nigeria that grants immunity to legal practitioners from negligent acts in the conduct of their client’s case. This paper explores the origin of the lawyer's immunity. It argues that the exemption granted lawyers in respect of court proceedings does not help the fallen standards of the legal profession in Nigeria. As a result, there is a general consensus among writers as to the removal of the immunity clause. Therefore, this paper examines the various advocates for the removal of the lawyer’s immunity and suggests a reconsideration for its possible removal. This paper concludes with a recommendation for a more pragmatic approach to maintaining the standards of the Legal Profession. The term professional negligence is used interchangeably with professional misconduct or malpractice.

The Middlemen: The Legal Profession, the Rule of Law, and Authoritarian Regimes

2015 ◽  
Vol 40 (03) ◽  
pp. 700-722 ◽  
Author(s):  
Maciej Kisilowski
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Legal Profession ◽  
Historical Record ◽  
Authoritarian Regime ◽  
Authoritarian Regimes ◽  
The Rule Of Law ◽  
Legal Professionals ◽  
Theory Of Fields

Scholars are increasingly interested in exploring ways to strengthen the rule of law in authoritarian states—especially when deeper political reforms are not attainable. The article contributes to this discussion by revisiting the story of the emergence of the so‐called socialist legality in the communist states of Eastern Europe. Using the historical record from Poland, the author demonstrates a previously unnoticed, yet pivotal, role of legal professionals in facilitating socialist legality's rise to prominence. Using the lenses of Pierre Bourdieu's theory of fields, the article chronicles the evolving dynamic between the legal profession, the authoritarian regime, and society. These observations challenge conventional explanations of the emergence of the rule of law in nondemocratic conditions.

scholarly journals The grabbed state: lawyers, politics and public land in Kenya

2012 ◽  
Vol 50 (3) ◽  
pp. 467-492 ◽  
Author(s):  
Ambreena Manji
Keyword(s):  
International Development ◽  
Rule Of Law ◽  
Good Governance ◽  
Legal Profession ◽  
Development Aid ◽  
Public Land ◽  
The Rule Of Law ◽  
Land Grab ◽  
International Development Aid

ABSTRACTIn 2002, Kenya's new National Rainbow Coalition (NARC) undertook to investigate and ensure the recovery of all public lands illegally allocated by the outgoing government. A Commission of Inquiry into the Illegal and Irregular Allocation of Public Land, chaired by the lawyer Paul Ndung'u, was appointed. The commission's report sets out the illegal land awards made to powerful individuals and families, provides important information about the mechanisms by which public land was misallocated, and shows how the doctrine that public land should be administered and allocated ‘in the public interest’ was consistently perverted. This paper explores what the Ndung'u report tells us about the role of the legal profession in the illegal and irregular misallocation of public land. It makes clear that the legal profession, far from upholding the rule of law, has played a central role in land corruption, using its professional skills and networks to accumulate personal wealth for itself and others. This stands in contrast to the role of the legal profession in promoting good governance and the rule of law envisaged by donors of international development aid. This paper focuses on ‘local’ land grabbing, and argues that the ‘global land grab’ or ‘investor rush’ needs to be understood alongside local manifestations of land privatisation.

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