Albania’s Difficult Path towards Democracy

2019 ◽  
Vol 48 (4) ◽  
pp. 468-491 ◽  
Author(s):  
Teresa Cierco
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal Culture ◽  
Transformation Process ◽  
Political Society ◽  
The Rule Of Law ◽  
State Apparatus ◽  
Critical Issues ◽  
Democratic Transformation ◽  
Theories Of Transition

AbstractAlbania began the democratic transformation process in 1991 with a heavy post-communist legacy. Since then, it has continued to experience many difficulties in its path towards democracy, especially in relation to two critical issues: respect for the rule of law and corruption. Following the theories of transition, this paper analyses important pillars of the rule of law: horizontal accountability, effective and legitimate institutions of governance, and transparent public administration, in order to understand why it is so difficult to establish the rule of law in Albania. This paper aims to bring to focus Albania’s democratization process by looking at the institutionalization of political society. Based on the assumption that corruption is tied up with the issue of governance, we try to show how endemic corruption in the state apparatus undermines the basis of the rule of law in Albania by eroding state capacity, civil society and legal culture.

Legal Culture of Public Servants: The Comparative Legal Analysis of the Formation Practices of Various Countries

2019 ◽  
Vol 10 (7) ◽  
pp. 1956
Author(s):  
Mira A. ALIMBEKOVA ◽  
Alua S. IBRAYEVA ◽  
Gulnar T. ICHSHANOVA ◽  
Karlygash R. USEINOVA ◽  
Nurlan S. IBRAYEV
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal Culture ◽  
The United States ◽  
Practical Significance ◽  
Legal Analysis ◽  
Public Servants ◽  
The Rule Of Law ◽  
Compliance With The Law ◽  
Main Component

The legal culture of public servants is determined by the fact that the legislation implements a mechanism for the formation of a moral component, which allows to limit the use of punitive measures and at the same time ensure compliance with the law in the framework of public administration processes. The relevance of the study is determined by the fact that a public servant, in addition to following state standards for dealing with citizens, must also follow the general social culture of observing the rule of law. The novelty of the study is determined by the fact that as the main component in the formation of the legal culture of public servants, it is necessary to consider the implementation of law and the corresponding moral standard directly in the legislation and, based on this position, implement practical activities both within the framework of the public administration system and within the framework of public interaction. The authors investigate the theoretical aspects of the implementation of this provision in the legislation of the countries of the Euroregion, Kazakhstan and the United States. The article shows that the main impact on the legal culture of public servants here is exerted by norms that are implicit in the legislation. The practical significance of the study is determined by the fact that the theoretical model under study will make it possible to adopt basic regulations on the basis of the principles of sustainability of the society functioning and to adopt the concept of development of the rule of law.  

PRINCIPLES OF STATE REGULATION OF THE ACTIVITIES OF BODIES OF THE STATE EXECUTIVE SERVICE AND PRIVATE EXECUTORS

2018 ◽  
Vol 1 (13) ◽  
pp. 69-77
Author(s):  
Mariіa Konstantinovna Kulava
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Social Relations ◽  
State Regulation ◽  
Court Decisions ◽  
Regulatory Requirements ◽  
The Rule Of Law ◽  
State Administration ◽  
Executive System ◽  
The Right

Within the presented article, taking into account already existing achievements of scientists, the concept, the main features of the principles of state administration of the executive system of Ukraine are defined. The principles of activity of executive bodies bodies according to the current legislation of Ukraine are determined. A brief description of the principles is presented, namely: the rule of law, legality, compulsory, independence, justice, impartiality and objectivity, discretion, transparency and openness of executive proceedings and its fixation by technical means, the reasonableness of the time limits for enforcement proceedings, the proportionality of enforcement measures and the amount of claims for decisions, the right to appeal decisions, actions or omissions of state executives, private performers. It is established that in general the principles of executive proceedings in the investigated normative acts are duplicated, in addition to the principles of independence and the right to appeal decisions, actions or inaction of state executives, private performers. The actual vision of the principles of public administration of the executive system of Ukraine is determined. The opinion on the need to supplement the list of principles with the following: the principle of equal competition between state and private performers through the balance between them; the principle of responsibility of the executive system bodies, their officials and private executors for damage caused as a result of violations of regulatory requirements; the principle of introducing effective incentives for voluntary implementation of decisions; the principle of professionalism and competence. Also, within the submitted article, it is stated that the use of the terms “principles” and “principles” in the Laws of Ukraine “On Bodies and Officials Performing Enforcement of Court Decisions and Decisions of Other Bodies”, “On Enforcement Proceedings”, which are adopted simultaneously and regulated, are unjustified, identical social relations.

Rule of law and the scope of interpretation of legislative provisions in the process of judicial and administrative review. Remarks against the background of the phenomenon of „lawmaking” of administrative courts

2021 ◽  
Vol 2(24) ◽  
pp. 373-387
Author(s):  
Przemysław Wilczyński
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal System ◽  
The Rule Of Law ◽  
Basic Criterion ◽  
Administrative Review ◽  
Administrative Courts ◽  
The Republic ◽  
Insight Into

The rule of law, as stipulated in article 7 of the Constitution of the Republic of Poland, is one of the fundamental principles shaping the functioning of public administration in the Republic of Poland. Legality of the functioning of public administration is also accepted as the basic criterion of judicial and administrative review of the actions taken by the administration. However, judgments of administrative courts often go outside the boundaries of findings that could be made based on linguistic interpretation of legislative provisions, by referring to the rules of the legal system, including in cases where no doubts exist with regards to the interpretation of provisions. The aim of this paper is to offer insight into the basis and nature of doubts encountered with regards to the admissibility of the use of non-linguistic interpretation by administrative courts where the use of such interpretation does not appear to be required.

scholarly journals THE IMPACT OF THE LAW VALUES TO OVERCOME LEGAL NIGILISM

2019 ◽  
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Natural Law ◽  
Negative Attitude ◽  
Legal Culture ◽  
Social Value ◽  
The Rule Of Law ◽  
Potential Strength ◽  
Objective Property ◽  
High Level

The article substantiates the idea that in the process of the formation and development of the foundations of a civil society and the rule of law, legal nihilism continues showing to a certain extent its potential and thus inhibiting progressive legal changes. Attention is focused on the peculiarities of the stability of legal nihilism and the problems of its gradual overcoming. It is emphasized in the offered article the importance of the law values priority, of the legal ideal, of the principle of social justice in the process of eradicating the manifestations of legal nihilism in the relevant areas of society life activity and personality. The authors came to the following conclusion: Values of law is a phenomenon of objective property, to be based on the ideas of the natural law, arising from the fact of human existence and directed exclusively to a person, to his rights and needs. Value entity of law really manifests itself only under operating conditions of civil society and legal state, recognising a person, his rights and freedoms as the highest social value. Legal nihilism begins losing its potential strength only when the majority of members of civil society recognize the priority of values of law. Confrontation of values of law and legal nihilism decisively narrows the scope of negative legal phenomena in all forms of their manifestation. Basing on the values of law, civil society institutions can solve problems being in the field of interests and needs of each person, so creating favourable conditions to eradicate legal nihilism. Using the truly valuable potential of law (first of all, legal law), civil society and legal state carry out transformations that ensure decent existence of any individual and by this minimizing the manifestation of legal nihilism. Even with a sufficiently high level of development of civil society and legal state, the practical negative attitude to legal nihilism should not weaken, because in the face of any social and legal reality, various offenses (including serious crimes) can be committed. Overcoming legal nihilism is associated with constant increase in the level of legal awareness and legal culture of the majority of members of civil society, which is a consequence of the following conclusions. Values of law is a phenomenon of objective property, based on the ideas of natural law, arising from the fact of a person’s existence and directed exclusively to a person, his rights and needs. The value essence of law really manifests itself only in the conditions of the functioning of civil society and the rule of law, recognize a person, his rights and freedoms as the highest social value. Legal nihilism begins to lose gradually its potential strength only when the majority of members of civil society recognize the priority of the values of law. The confrontation of the values of law and legal nihilism decisively narrows the scope of negative legal phenomena in all forms of their manifestation. Based on the values of law, civil society institutions can solve problems that are in the field of interests and needs of each person, which creates favourable conditions for the eradication of legal nihilism. Using the truly valuable potential of law (first of all, legal laws), civil society and the rule of law carry out those transformations that ensure the worthy existence of the individual and thereby minimize the manifestation of legal nihilism. Even with a sufficiently high level of development of civil society and legal law any negative attitude to legal nihilism should not be weaken, since in the conditions of any social and legal reality, various offenses (including serious crimes) can be committed. Overcoming legal nihilism is associated with permanent increase in the level of legal awareness and legal culture of the majority of civil society members which is a consequence of increase of quality of legal education and upbringing.

scholarly journals The Current Political Challenges to the Mexican Democratisation Process

2019 ◽  
Vol 24 ◽  
pp. 87-113
Author(s):  
Lisdey Espinoza Pedraza
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
Rule Of Law ◽  
Political Society ◽  
The Rule Of Law ◽  
Institutional Revolutionary Party ◽  
Current State ◽  
Revolutionary Party

This paper will attempt to answer what the current state of contemporary democracy in Mexico is after the return of the Institutional Revolutionary Party (PRI) to the presidency by analysing the role of Civil Society, Political Society and the Rule of Law from 2012 to 2018. This paper will also explore if the party’s return was indeed a step backwards in the process of Mexican democratisation, or whether it was simply another step on a long road in which the various political parties alternate power. In 2018, Mexico elected its new president for the next consecutive 6 years along with a fair number of congressional seats and local gubernatorial posts, an election that again put Mexican democracy through a difficult test.

Vergaberecht als Digitalisierungsfolgenrecht

2019 ◽  
Vol 52 (1) ◽  
pp. 65-98
Author(s):  
Christoph Krönke
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Information Technologies ◽  
Public Procurement ◽  
The State ◽  
Effective Control ◽  
Legal Requirements ◽  
The Rule Of Law ◽  
Margin Of Appreciation ◽  
The One

Abstract The State bears a certain responsibility for the consequences of digitalizing public administration and services. The principles of democracy and the rule of law demand that the state retains effective control over the digitalized performance of ist tasks. This “digital responsibility” of the State also has an impact on the application of public procurement rules governing the procurement of information technologies and services (IT). On the one hand, ensuring digital responsibility will often mean that the contracting authority needs a broad margin of appreciation when interpreting the rules of procurementlaw – for examplewith regard to the legal requirements for choosing special procurement procedures enabling a particulary flexible IT procurement. On the other hand, the contracting authority’s digital responsibility can also be turned against it: When involving, for instance, private parties in the preparation of substantial decisions concerning the procurement of IT, the authority must keep itself well informed and may not simply take over prepared decisions. This way, the digital responsibility of the State can be (and should be) used as a distinct legal argument under public procurement law.

Part III Regimes and Doctrines, Ch.38 Theories of Transitional Justice: Cashing in the Blue Chips

2016 ◽  
Author(s):  
Nesiah Vasuki
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transitional Justice ◽  
The Other ◽  
Practical Significance ◽  
Political Society ◽  
Political Imagination ◽  
The Rule Of Law ◽  
The One

This chapter examines the utopias called forth by the marriage of human rights accountability mechanisms on the one hand, and, on the other, arguments about the practical significance of these initiatives as preconditions for development, democracy, and political society. Transitional justice is seen to marry the ethical charge of the human rights field’s march against impunity, with an instrumental potential facilitating transition from the rule of violence into the rule of law. If the normative theories and agendas implicated by this marriage are advanced as being in the interests of justice, the accompanying instrumental theories and agendas are advanced in the interests of transition. Justice and transition operate here as allied and mutually reinforcing aspirations of and rationales for transitional justice institutions. Thus, this chapter identifies and analyses the stakes that attend this marriage of ‘ethics’ and ‘expertise’ in constituting the utopian political imagination of transitional justice.

Forty Years of Public Law

1990 ◽  
Vol 24 (3-4) ◽  
pp. 341-355 ◽  
Author(s):  
David Kretzmer
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Common Law ◽  
Public Law ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Judicial Decisions ◽  
Comprehensive Survey ◽  
Intellectual Revolution ◽  
Do So

It would be impossible in a short lecture to give a comprehensive survey of all the changes that have occurred in the last forty years in that branch of law known as “Israel common law”. I will not, therefore, try to do so. Instead, I wish to single out the most distinctive phenomenon in this area of law. I refer to the conceptual/intellectual revolution in the outlook of the court regarding the nature of its judicial function. The original view, according to which the sole function of the court in the area of public law is to decide disputes between citizens and public authorities, has been abandoned and replaced by an outlook that views the court as an institution responsible for the legality of public administration, or, as the court itself is accustomed to defining the matter, for the rule of law.I shall divide my discussion into two parts. In the first part I will briefly discuss the prominent changes that have occurred in the judicial decisions regarding public law in recent years, and the judicial philosophy underlying these changes.

Licence to Kill: The Murderous Outrages Act and the rule of law in colonial India, 1867–1925

2015 ◽  
Vol 50 (2) ◽  
pp. 479-517 ◽  
Author(s):  
MARK CONDOS
Keyword(s):  
Rule Of Law ◽  
Legal Culture ◽  
The Rule Of Law ◽  
North West ◽  
Colonial India ◽  
The North ◽  
Executive Authority ◽  
The Creation ◽  
The Government ◽  
Exceptional Character

AbstractIn 1867, the Government of India passed one of the most brutal-minded and draconian laws ever created in colonial India. Known as the ‘Murderous Outrages Act’, this law gave colonial officials along the North-West Frontier wide powers to transgress India's legal codes in order to summarily execute and dispose of individuals identified as ‘fanatics’. Arguments for the creation and preservation of this law invariably centred around claims about the purportedly ‘exceptional’ character of frontier governance, particularly the idea that this was a region that existed in a perpetual state of war and crisis. Far from being peripheral in its impact, this article explores how this law both drew upon and enabled a wider legal culture that pervaded India in the wake of 1857. It argues that this law was a signal example of British attempts to mask the brute power of executive authority through legalistic terms, and was also evocative of a distinctly ‘warlike’ logic of colonial legality.

scholarly journals Legitimacy of democracy in the works by Max Weber and Сarl Schmitt

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 501-517
Author(s):  
Viktor P. Kirilenko ◽  
◽  
Georgij V. Alekseev ◽  
Keyword(s):  
Rule Of Law ◽  
Max Weber ◽  
Legal Culture ◽  
Carl Schmitt ◽  
Political Regime ◽  
The Political ◽  
Modern Democracy ◽  
The Rule Of Law ◽  
Political Events ◽  
The Relationship

Identification of political regime’s legality and legitimacy by the German lawyer Carl Schmitt seems to be an attempt to solve the problem of unjust laws which is close to the idea of legitimate domination stated by Max Weber. Popularity of the legitimacy paradigm within the framework of political and legal discourse on its way towards the provision of rational government is often associated with an underestimation of democratic charisma’s role in legitimation when it is compared to the legal bureaucratic justification of government. Noting the fact that rationality is the most important and at the same time the least reasoned part of Max Weber’s social theory, we need to assess the potential of the bureaucracy in securing the ideals of the rule of law with an extreme caution. If Carl Schmitt’s position on the relationship between legality and legitimacy changed along with the development of political events of the 20th century, the ideas of Max Weber were modified during the translations of his works from German and gave to legitimacy deep textbook value. Decrease in chances of unjust law’s application requires certain legal culture that allows not only to question any formal prescription of the law and to test it for legitimacy, but also gives an opportunity to assess the legality of any democratic decision before it is implemented. Understanding the legitimacy of democracy depends largely on the ideology that dominates society, and the legal culture of the person that assesses the political regime. It is obvious in the context of political mistakes made during the first half of the twentieth century that the danger of underestimating the threats to the rule of law, originating both from illegitimate authorities and from unlawful political decisions. Historical experience underscores the need for a broad understanding of the rule of law state (Rechtsstaat) in a modern democracy, which simultaneously protects the formal legality and legitimacy of the political regime.

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