scholarly journals On Heaven’s Lathe: State, Rule of Law, and Economic Development

2015 ◽  
Vol 8 (1) ◽  
Author(s):  
Ding Chen ◽  
Simon Deakin
Keyword(s):  
Rule Of Law ◽  
Market Exchange ◽  
Limiting State ◽  
Middle Income ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Middle Income Countries ◽  
Shareholder Protection ◽  
Private Interests ◽  
Path Dependent

AbstractWe propose a theoretical framework for understanding the evolution of the rule of law state, which is conceived as the equilibrium of a societal game in which actors accept the legitimacy of publicly enunciated legal rules. A meta-norm of respect for the sovereign legal power of the state is not self-forming on the basis of private conduct, but requires the coevolution of impersonal market exchange with effective state capacity to constitute and regulate markets. A functioning legal system must acquire the means not just to control private power but to constrain other organs of government. The emergence of such a ‘self-limiting state’ is an historical process which, while complementary to a market order, is also contingent and path-dependent, and is not preordained. Illustrating our argument with empirical evidence drawn from the contemporary experience of middle-income countries, with a focus on China, we argue that alternatives to the rule of law state, including interpersonal trust, closed networks and authoritarian political control, can only achieve limited scale and scope effects, and are prone to high deadweight costs arising from corruption and the capture of the public sphere by private interests. We also discuss the potential of transplants of legal rules and institutions to catalyse the transition to impersonal trade based on the rule of law, and present evidence, from time-series econometric analysis, that the diffusion of shareholder protection laws has the potential to support financial development in emerging markets. Evolution towards the rule of law state is, we conclude, one possible developmental path for middle-income countries.

scholarly journals The Factors of Constitutional Support for the Rule of Law in the System of Public Authorities

2022 ◽  
Vol 18 ◽  
pp. 182-190
Author(s):  
Mykola M. Stadnyk ◽  
Serhii B. Chekhovych ◽  
Hanna S. Yermakova ◽  
Valeriy V. Kolyukh ◽  
Ilkin S. Nurullaiev
Keyword(s):  
Rule Of Law ◽  
Graphical Model ◽  
Fundamental Rights ◽  
Public Authorities ◽  
Middle Income ◽  
The Rule Of Law ◽  
Middle Income Countries ◽  
Graphical Comparison ◽  
High Level ◽  
The Impact

The article examines the factors that ensure the constitutional provision of the rule of law in the system of public authorities. The aim of this study was to analyse the factors that ensure the constitutional provision of the rule of law in the system of public authorities. The constitutional design provides for the creation of rational structures for the functioning of public authorities, which should ensure democratic standards, economic development, anti-corruption policy by implementing the principles of the rule of law. The study used data on indicators that describe the state of the rule of law (Rule of Law Index), democracy (Democracy Index) and corruption (Corruption Perceptions Index). Methods of graphical comparison, scattering diagrams, classification of countries by categories were used. A graphical model of the dependence of the rule of law on the development of democracy and perceptions of corruption for 25 European countries is built on the basis of these factors. It is proved that the studied indicators are dependent: countries with a high Rule of Law Index (high level of restrictions on the powers of government institutions, protection of fundamental rights, law enforcement, security) have a high Corruption Perceptions Index (high level of anti-corruption) and Democracy Index. It is concluded that it is necessary to develop the constitutional provision of the rule of law by strengthening democratic values, improving economic growth and competitiveness, increasing control over corruption. Further research should analyse the impact of rule of law factors in low- and middle-income countries.

scholarly journals THE RULE OF LAW AND INFLATION IN THE MIDDLE-INCOME COUNTRIES

2020 ◽  
Vol 2 (33) ◽  
pp. 386-399
Author(s):  
V. O. Shevchuk ◽  
V. Blikhar ◽  
D. Zabzaliuk ◽  
N. Tataryn
Keyword(s):  
Rule Of Law ◽  
Middle Income ◽  
The Rule Of Law ◽  
Middle Income Countries

scholarly journals Sertifikat Laik Fungsi pada Bangunan Gedung di Kota Bandung Dalam Kaitannya dengan Izin Mendirikan Bangunan

2021 ◽  
Vol 21 (3) ◽  
pp. 963
Author(s):  
Devi Elora
Keyword(s):  
Rule Of Law ◽  
Research Method ◽  
Field Research ◽  
Existing Building ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Building Permits ◽  
Library Research ◽  
Specific Implementation ◽  
The City

The rise of buildings in the city of Bandung is a symbol of the development of the city of Bandung itself, but the development of a city must of course refer to the existing rules. The existence of buildings whose utilization is often found to be inconsistent with IMB, in other words, there is a mismatch between SLF and IMB which of course raises problems regarding the use of building functions that are not in accordance with existing building permits. Identification of the problem in this thesis research is how the legal arrangements regarding SLF for buildings are in the presence of an IMB and how is the SLF for buildings that are not used in accordance with the IMB. The research method uses the normative juridical method, which is carried out using library research and field research conducted at institutions related to the issue of building function worthiness certificates in the city of Bandung in relation to building permits. The conclusion obtained in this study is the legal arrangement regarding SLF for buildings in the presence of an IMB which is basically the existence of an SLF located or based on an IMB. SLF is a provision for the use of buildings, while IMB is the legality of the existence of buildings, problems regarding the incompatibility between IMB and SLF can be studied from 3 main subjects of the existence of SLF namely government, society and the rule of law, but what is fundamental is the absence of legal rules regarding specific implementation instructions in The City of Bandung regulates SLF, so that SLF in Bandung City has not been able to run well. SLF of buildings whose utilization is not in accordance with the IMB has the consequence that the use of the SLF that should be in accordance with the IMB must be adjusted to the provisions contained in the IMB.

The Restatements and the Rule of Law

2020 ◽  
pp. 527-550
Author(s):  
Kristina Daugirdas
Keyword(s):  
Rule Of Law ◽  
Foreign Relations ◽  
Customary International Law ◽  
The Rule Of Law ◽  
Legal Rules ◽  
The Third ◽  
American Law ◽  
The Law ◽  
Compliance With The Law ◽  
Domestic Level

This chapter explores the promotion of the rule of law. In drafting and publishing Restatements of Foreign Relations Law, both the American Law Institute and the reporters have understood the projects as contributing to the rule of law at the international level, at the domestic level, or both. There are at least three distinct ways that these Restatements might promote the rule of law. First, they might do so by clarifying the content of the law. Second, the Restatements might contribute to the development of new legal rules, specifically to the evolution and consolidation of customary international law. Finally, the Restatements might promote the rule of law by promoting compliance with the law. Ultimately, the Third and Fourth Restatements have taken quite different approaches to promoting the rule of law. To some extent these different approaches are a consequence of changes in the legal landscape over the past three decades. They also reflect different choices that the reporters and the American Law Institute have made about how to carry out the project of restating foreign relations law.

The political economy of insecure property rights: insights from the Kingdom of Sicily

2019 ◽  
Vol 16 (2) ◽  
pp. 233-249 ◽  
Author(s):  
Rosolino A. Candela
Keyword(s):  
Political Economy ◽  
Property Rights ◽  
State Formation ◽  
Rule Of Law ◽  
The Political ◽  
Market Exchange ◽  
Credible Commitment ◽  
The Rule Of Law ◽  
Definition Of ◽  
The 19Th Century

AbstractHow did the evolution of the rule of law become stunted in Sicily during the 19th century? The work of economist Yoram Barzel, particularly his property-rights approach to understanding the political economy of state formation, is uniquely suited to understanding the failure of Italy's unification process to secure the rule of law in Sicily during the 19th century. This failure can be explained by a lack of a credible commitment to the rule of law in the state formation process. I argue that this lack of credible commitment manifested itself in the abolition of previously existing parliamentary institutions as an independent collective action mechanism, as well as prior constitutional agreements that existed in the Kingdom of Sicily. The resulting uncertainty over the security and legal definition of property rights over land raised the transaction costs of competing for resources through productive specialization and market exchange. In turn, it reduced the relative costs of competition for land ownership and the use of enforcement through other means, such as rent seeking or organized crime.

scholarly journals Health-Related Activities in Turkish Football Law

2021 ◽  
pp. 247-258
Author(s):  
Yener Ünver ◽  
◽  
Jocelyne Alayan ◽  
Keyword(s):  
Rule Of Law ◽  
Health Problem ◽  
Football Player ◽  
Criminal Code ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Health Related ◽  
Legitimate Reason ◽  
Health Field

Unlawful action cannot be justified even when it is committed in sport or the health field. Although character-wise, both fields are covered by different legal rules, both of them lie under the discipline of law and must be conducted within the rule of law. Theoretically, doping can be considered as fraud, although to this date, no doping actions were incriminated. It is regulated as a disciplinary offense (Turkish Football Federal Disciplinary Directive, art. 61). The usage and possession of drugs by athletes is considered a criminal offense (Turkish Criminal Code, art. 18 & ors.) and a legitimate reason for an athlete’s contract termination. A football player who organizes or uses a counterfeit report concealing a health problem or represents a fraudulent statement to the official authority is considered to have committed a fraud crime (Turkish Criminal Code, art. 24 & ors.) as well as a disciplinary offense (Turkish Football Federal Disciplinary Directive, art. 47-48).

scholarly journals JURIDICAL REVIEW HATE SPEECH Law No. 11 YEAR 2008 JUNCTO Law No. 19 OF 2016 CONCERNING ELECTRONIC INFORMATION AND TRANSACTIONS IN PROVIDING COMMUNICATION ETHICS EDUCATION IN SOCIAL MEDIA

2019 ◽  
Vol 1 (01) ◽  
pp. 30-46
Author(s):  
Sinthiya Ida Ayu Putu Anggie
Keyword(s):  
Social Media ◽  
Rule Of Law ◽  
Ethics Education ◽  
Hate Speech ◽  
Criminal Code ◽  
Electronic Information ◽  
The Rule Of Law ◽  
Communication Ethics ◽  
Legal Rules ◽  
Or Groups

Social media is an online media, which makes it easy for us to communicate openly; social media is able to shift conventional mass media in spreading the news. Through social media everyone gets an expression space that is free and easy to communicate, free to express, criticize and share on social media. But in its journey social media provides a space of freedom that transcends boundaries and strikes norms and ethics. Now the easier it is for someone to do hate speech in the form of provocation, incitement, or insult to other individuals or groups in terms of various aspects such as race, color, ethnicity, gender, disability to sexual orientation, citizenship and religion on social media. The legal rules regarding hate speech are regulated in Article 310 and 311 of the Criminal Code and Law Number 40 of 2008 Law Number 11 of 2008. Building good ethics on social media is the rule of law that social media users can know and understand the limitations in communicating on social media so as to create good, polite, responsible and civilized communication ethics

scholarly journals Magna Carta And Its Significant Role For Rule Of Law In The Republic Of Macedonia

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 86-98
Author(s):  
Ivana Shumanovska-Spasovska ◽  
Konstantin Bitrakov
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Great Influence ◽  
Executive Branch ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Republic Of Macedonia ◽  
Magna Carta ◽  
The Law ◽  
The Republic

Abstract One of the most important and famous historical documents from the English legal and constitutional legacy is the Magna Carta Libertatum. Signed and sealed in the year 1215 the Magna Carta is further on viewed as the sole inception of the idea of limiting the power of the ruler trough legal rules. That limitation is to be made with legal rules that are binding for everyone, even the monarch. Therefore, the Great Charter is viewed as the first document signed by a monarch with which, the principle of supremacy of the law is set out. That supremacy of the law has been further on developed by eminent scholars and practitioners, eventually leading to the development of the concept of rule of law. Rule of law, as a concept, means that the royal authority (or the executive branch of power) is going to be inferior to the law. However, this concept means a lot more than simply that. Unlike the principle of legal state, the rule of law is closely linked to justice, separation of powers and legal certainty. All of these concepts are actually prerequisites for its existence. That is why each of them is separately examined and elaborated. Furthermore, as one of the most important principles the rule of law had a great influence on the constitutional (and legal) systems around the world. Since the Republic of Macedonia strives to become a democratic state where the rule of law is established and developed it is important to elaborate the influence of this principle in it. Therefore, the research gravitates over the principle of rule of law in the Republic of Macedonia.

scholarly journals Intellectual Property, Antitrust, and the Rule of Law: Between Private Power and State Power

2016 ◽  
Author(s):  
Ariel Katz
Keyword(s):  
Intellectual Property ◽  
Rule Of Law ◽  
Antitrust Law ◽  
The Rule Of Law ◽  
The Public ◽  
Freedom Of Contract ◽  
Free Competition ◽  
Private Interests ◽  
Private Power ◽  
Ip Law

This Article explores the rule of law aspects of the intersection between intellectual property and antitrust law. Contemporary discussions and debates on intellectual property (IP), antitrust, and the intersection between them are typically framed in economically oriented terms. This Article, however, shows that there is more law in law than just economics. It demonstrates how the rule of law has influenced the development of several IP doctrines, and the interface between IP and antitrust, in important, albeit not always acknowledged, ways. In particular, it argues that some limitations on IP rights, such as exhaustion and limitations on tying arrangements, are grounded in rule of law principles restricting the arbitrary exercise of legal power, rather than solely in considerations of economic efficiency.The historical development of IP law has reflected several tensions, both economic and political, that lie at the heart of the constitutional order of the modern state: the tension between the benefits of free competition and the recognition that some restraints on competition may be beneficial and justified; the concern that power, even when conferred in the public interest, can often be abused and arbitrarily applied to advance private interests; and the tension between freedom of contract and property and freedom of trade. This Article explores how rule of law considerations have allowed courts to mediate these tensions, both in their familiar public law aspects but also in their less conspicuous private law dimensions, and how, in particular, they have shaped the development of IP doctrine and its intersection with antitrust law and the common law.

scholarly journals The death of law? Computationally personalized norms and the rule of law

2021 ◽  
Author(s):  
Timothy Endicott ◽  
Karen Yeung
Keyword(s):  
Rule Of Law ◽  
Data Analytics ◽  
Big Data Analytics ◽  
Data Driven ◽  
Public Agency ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Private Agency ◽  
Policy Goals ◽  
The Law

The emergent power of big data analytics makes it possible to replace impersonal general legal rules with personalized, particular norms. We consider arguments that such a move would be generally beneficial, replacing crude, general laws with more efficiently targeted ways of meeting public policy goals and satisfying personal preferences. Those proposals pose a radical, new challenge to the rule of law. Data-driven legal personalization offers some benefits that are worth pursuing, but we argue that the benefits can only legitimately be pursued where doing so is consistent with the agency that the law ought to accord to individuals and with the agency that the law ought to accord to public bodies. The principle of public agency is a prerequisite for the rule of law. The principle of private agency depends on the rule of law. Each is incompatible with the unrestrained computational personalization of law.

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