scholarly journals PARTICIPATION OF INDIVIDUALS IN PUBLIC DECISIONS IN THE POLISH LEGAL SYSTEM-THE OUTLINE

2020 ◽  
Vol 1 ◽  
pp. 21-27
Author(s):  
Agata Barczewska-Dziobek
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Legal System ◽  
Text Analysis ◽  
Good Governance ◽  
The Body ◽  
The Rule Of Law ◽  
Decision Making Processes ◽  
Polish Law ◽  
The Relationship

The idea of good governance is associated with the postulate of participatory and interactive democracy. This results in the appearance in the legal system of solutions reflecting the recommendations of the so-called "good administration." Good administration is the subjective right which, in the relationship between the body and the citizen, defines the individual's rights and the duties of the administration to act in a particular way. It may be interpreted differently, but it must comply with universal standards. They have been defined in international, European and soft law. These include the rule of law, equality, administrative transparency, confidence and trust, as well as the opportunity to participate in decisions. The last of these relates to procedures for involving citizens in administrative decision-making. The purpose of the article is to present normative solutions in Polish law that guarantee citizens participation in decision-making processes at various levels of administration and their systematics. To achieve this goal, the method of legal text analysis was used, which allows us to indicate the existence of many different mechanisms of participation. Their presence in Polish law determines the varying levels of civic influence on public decisions.

UN Peacekeeping and the Rule of Law

2020 ◽  
pp. 1-18 ◽  
Author(s):  
ROBERT A. BLAIR
Keyword(s):  
Economic Growth ◽  
Rule Of Law ◽  
Good Governance ◽  
Law Reform ◽  
The Rule Of Law ◽  
Un Peacekeeping ◽  
The Impact ◽  
The Relationship

The UN is intimately involved in efforts to restore the rule of law in conflict and postconflict settings. Yet despite the importance of the rule of law for peace, good governance, and economic growth, evidence on the impact of these efforts is scant. I develop a theory to explain when UN rule-of-law reform is likely to succeed, then test the theory using original datasets capturing the number of civilian personnel deployed to each UN mission in Africa, the number of personnel assigned specifically to rule-of-law-related tasks, and the extent and nature of actual rule-of-law-related activities in the field. The correlation between UN presence and the rule of law is weak while conflict is ongoing, but robustly positive during periods of peace. The relationship is stronger for civilian than uniformed personnel, and is strongest when UN missions engage host states in the process of reform.

Promoting the Rule of Law through the Principle of Subsidiarity in the African Union: A Critical Perspective

2019 ◽  
Vol 8 (1) ◽  
pp. 27-51
Author(s):  
O’Brien Kaaba ◽  
Babatunde Fagbayibo
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Eastern Africa ◽  
African Union ◽  
Critical Perspective ◽  
Regional Economic ◽  
Strict Adherence ◽  
The Rule Of Law ◽  
The Relationship ◽  
Consistent Approach

The relationship between African Union (AU) and Regional Economic Communities (recs) frameworks, especially as it relates to the application of the principle of subsidiarity to intervention that aims to ensure strict adherence to democratic standards, is at the heart of this article. Although there exists a 2007 ‘Draft Protocol on the Relations Between the African Union and the Regional Economic Communities’, it is yet to be adopted, and more importantly, its provisions are ambiguous. The same problem of ambiguity applies to the 2008 ‘Memorandum of Understanding (mou) on Cooperation in the Area of Peace and Security Between the African Union, The Regional Economic Communities and the Coordinating Mechanism of The Regional Standby Brigades of Eastern Africa and Northern Africa’. The lack of a consistent approach to situations in Burundi, The Gambia and Zambia, has since raised the question of subsidiarity, or to put it more specifically, the vague articulation of the concept in the AU. In redressing this problem, the article provides some normative suggestions on how to ensure the effective application of the principle of subsidiarity in advancing democracy and good governance in Africa.

scholarly journals Digital Constitutionalism: Using the Rule of Law to Evaluate the Legitimacy of Governance by Platforms

2018 ◽  
Vol 4 (3) ◽  
pp. 205630511878781 ◽  
Author(s):  
Nicolas Suzor
Keyword(s):  
Social Media ◽  
Rule Of Law ◽  
Good Governance ◽  
Contract Law ◽  
Private Governance ◽  
The Rule Of Law ◽  
The Core ◽  
Urgent Task ◽  
Social Media Platforms ◽  
The Relationship

Platforms govern users, and the way that platforms govern matters. In this article, I propose that the legitimacy of governance of users by platforms should be evaluated against the values of the rule of law. In particular, I suggest that we should care deeply about the extent to which private governance is consensual, transparent, equally applied and relatively stable, and fairly enforced. These are the core values of good governance, but are alien to the systems of contract law that currently underpin relationships between platforms and their users. Through an analysis of the contractual Terms of Service of 14 major social media platforms, I show how these values can be applied to evaluate governance, and how poorly platforms perform on these criteria. I argue that the values of the rule of law provide a language to name and work through contested concerns about the relationship between platforms and their users. This is an increasingly urgent task. Finding a way to apply these values to articulate a set of desirable restraints on the exercise of power in the digital age is the key challenge and opportunity of the project of digital constitutionalism.

Quality of Government: Toward a More Complex Definition

2013 ◽  
Vol 107 (3) ◽  
pp. 433-445 ◽  
Author(s):  
MARCUS AGNAFORS
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Good Governance ◽  
Good Decision ◽  
The Rule Of Law ◽  
Moral Content ◽  
Adequate Definition ◽  
Quality Of Governance ◽  
Definition Of

Concepts such as “quality of government” and “good governance” refer to a desired character of the exercise of public authority. Recently the interest in good governance, the quality of government, and similar concepts has increased considerably. However, despite this increasing interest and use, an adequate definition of the concept of quality of government has proved difficult to find. This article criticizes recent attempts at such a definition and proposes an alternative, more complex definition that includes moral content and also encompasses a plurality of values and virtues at its core. An acceptable definition of the quality of governance must be consistent with the demands of a public ethos, the virtues of good decision making and reason giving, the rule of law, efficiency, stability, and a principle of beneficence. The article describes these components in detail and the relations among them.

“Fair Notice” in the Age of AI

2020 ◽  
pp. 753-768
Author(s):  
Kiel Brennan-Marquez
Keyword(s):  
Artificial Intelligence ◽  
Machine Learning ◽  
Decision Making ◽  
Rule Of Law ◽  
Legal System ◽  
Tripartite Model ◽  
Input Output ◽  
The Rule Of Law ◽  
Key Concepts

This chapter examines the concept of “fair notice,” both in the abstract and as it operates in U.S. constitutional doctrine. Fair notice is paramount to the rule of law. The maxim has ancient roots: people ought to know, in advance, what the law demands of them. As such, fair notice will be among the key concepts for regulating the scope and role of artificial intelligence (AI) in the legal system. AI—like its junior sibling, machine learning—unleashes a historically novel possibility: decision-making tools that are at once powerfully accurate and inscrutable to their human stewards and subjects. To determine when the use of AI-based (or AI-assisted) decision-making tools are consistent with the requirements of fair notice, a sharper account of the principle’s contours is needed. The chapter then develops a tripartite model of fair notice, inspired by the problems and opportunities of AI. It argues that lack of fair notice is used interchangeably to describe three distinct properties: notice of inputs, notice of outputs, and notice of input-output functionality. Disentangling these forms of notice, and deciding which matter in which contexts, will be crucial to the proper governance of AI.

scholarly journals Regulatory discretion: structuring power in the era of regulatory capitalism

Legal Studies ◽  
2021 ◽  
pp. 1-20
Author(s):  
Rebecca Schmidt ◽  
Colin Scott
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Black Box ◽  
Decision Makers ◽  
The Rule Of Law ◽  
League Tables ◽  
Novel Approach ◽  
Decision Making Processes ◽  
Changing Patterns ◽  
Automated Decision Making

Abstract Discretion gives decision makers choices as to how resources are allocated, or how other aspects of state largesse or coercion are deployed. Discretionary state power challenges aspects of the rule of law, first by transferring decisions from legislators to departments, agencies and street-level bureaucrats and secondly by risking the uniform application of key fairness and equality norms. Concerns to find alternative and decentred forms of regulation gave rise to new types of regulation, sometimes labeled ‘regulatory capitalism’. Regulatory capitalism highlights the roles of a wider range of actors exercising powers and a wider range of instruments. It includes also new forms of discretion, for example over automated decision making processes, over the formulation and dissemination of league tables or over the use of behavioural measures. This paper takes a novel approach by linking and extending the significant literature on these changing patterns of regulatory administration with consideration of the changing modes of deployment of discretion. Using this specific lens, we observe two potentially contradictory trends: an increase in determining and structuring administrative decision, leading to a more transparent use of discretion; and the increased use of automated decision making processes which have the potential of producing a less transparent black box scenario.

scholarly journals THE COMMONWEALTH PRINCIPLES (LATIMER HOUSE) ON THE RELATIONSHIP BETWEEN THE THREE BRANCHES OF GOVERNMENT: TWENTY YEARS ON

2019 ◽  
Vol 30 (2) ◽  
pp. 101-119
Author(s):  
Peter Slinn ◽  
Karen Brewer
Keyword(s):  
Rule Of Law ◽  
Future Development ◽  
Good Governance ◽  
Good Practice ◽  
The Rule Of Law ◽  
Twentieth Anniversary ◽  
Specific Implementation ◽  
The Relationship ◽  
Heads Of Government

2018 marks the twentieth anniversary of the Latimer House ‘process’ which commenced with the drafting of the Latimer House Guidelines for the Commonwealth on Good Practice Governing Relations between the Executive, Parliament and the Judiciary. Since then the Latimer House Guidelines have been transformed into the Commonwealth Principles (Latimer House) on the Relationship between the Three Branches of Government which have been endorsed by Commonwealth Heads of Government on several occasions. This article assesses the role of the Latimer House process over the last two decades against the background of the Commonwealth’s evolving commitments to good governance and the rule of law. In Part 1 explores the role of the Commonwealth in supporting good governance and the rule of law whilst Part 2 considers and evaluates the Latimer House process itself. Part 3 reviews the development of the Commonwealth Principles in practice whilst in Part 4 some specific implementation issues concerning the Judiciary are discussed. Part 5 considers the future development of the Commonwealth Principles whilst Part 6 provides a conclusion and overview.

scholarly journals On Laws and Their Spirit

2021 ◽  
Vol 7 (1) ◽  
pp. 209-233
Author(s):  
Dragan Šljivić ◽  
Neven Cvetićanin
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Orthodox Christianity ◽  
The West ◽  
The Rule Of Law ◽  
Decision Making Processes ◽  
Divergent Development ◽  
Internal Procedures ◽  
The Impact ◽  
State Separation

Abstract The Orthodox Christianity had in some respects divergent development from that of the West, which also resulted in several conceptions that might have had an impact on the contemporary legal situations in the predominantly Orthodox countries. In this contribution we aim at examining the impact of two major points of divergence. One is the cooperative Church–state separation, that is sometimes dubbed as the symphonia of the two. Another set of concepts that arguably marked Orthodox church’s understanding of the rule of law, at least in its internal procedures, is the principle of leniency (oikonomia). It allows for an interpretation of the laws in the interest of the person to which those are to be applied. We want to investigate which pieces of legislation might have been affected by these considerations and whether contemporary challenges of the legal system in Serbia can be traced to some of the Orthodox doctrines. We conclude that while the contemporary Church–state relationship, as envisioned in the corresponding law of the country, demonstrates many traits that can be traced to the symphonia tradition, there is hardly any evidence that would support the claim that the decision-making processes in Serbian courts were marked by conscious application of the principle of oikonomia.

scholarly journals Good Governance: Importance in Practice, Theories and Definitions

2018 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
G. H. Addink
Keyword(s):  
Social Development ◽  
Rule Of Law ◽  
Good Governance ◽  
Three Dimensions ◽  
The Rule Of Law ◽  
Strategic Resources ◽  
Integrated Strategy ◽  
Institutional Dimension ◽  
Democratic Societies ◽  
The Relationship

This work addresses at exploring appropriate method in applying the principle of good governance; importance in practice, theories and definitions. This effort is importance to understand in more detail the three dimensions of good governance. The relationship between good governance and national prosperity is not always clear and opinions vary across countries. But it is seen that good governance is important for the economic and social development of countries and promotion of good governance also creates more open and democratic societies. For that reason, this work offers the three dimensions of good governance: the rule of law, the democracy, and the institutional dimension. The solution of this method would precisely construct a holistic and integrated strategy in managing and optimizing collective strategic resources.This work addresses at exploring appropriate method in applying the principle of good governance; importance in practice, theories and definitions. This effort is importance to understand in more detail the three dimensions of good governance. The relationship between good governance and national prosperity is not always clear and opinions vary across countries. But it is seen that good governance is important for the economic and social development of countries and promotion of good governance also creates more open and democratic societies. For that reason, this work offers the three dimensions of good governance: the rule of law, the democracy, and the institutional dimension. The solution of this method would precisely construct a holistic and integrated strategy in managing and optimizing collective strategic resources.

Religion, Sexual Minorities, and the Rule of Law in Russia

2019 ◽  
Vol 7 (2) ◽  
pp. 152-183
Author(s):  
Mikhail Antonov
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Legal System ◽  
Sexual Minorities ◽  
Significant Degree ◽  
Social Philosophy ◽  
The Rule Of Law ◽  
Religious Conservatism ◽  
Russian Constitution ◽  
Cultural Constraints

This paper analyzes the cultural constraints imposed in the Russian legal system by the prevailing social philosophy, which is characterized by a significant degree of religious conservatism and communitarianism. This conservatism is predictably opposed to sexual minorities and to those who want to defend or justify them. The author concludes that this philosophy strongly affects decision-making in Russian courts, and can sometimes overrule the provisions of the Russian Constitution and the laws that formally grant protection to sexual minorities. In turn, this conservative social philosophy and communitarian morality are based on religious patterns that are still shaping the mindsets and attitudes of Russians. These attitudes cannot be ignored by judges and other actors in the Russian legal system, who to some extent are subject to the general perception of what is just, acceptable, and reasonable in society, and are factually bound by this perception.

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