Open Access Order and Interconnected Institutions in Brazil: A Challenge

2019 ◽  
Vol 12 (1) ◽  
pp. 1-40
Author(s):  
Guanghua Yu

AbstractThis article examines the evolution of democratic practice in Brazil. The article begins with a discussion on the country’s performance in terms of social equality, violence, and weak economy after the consolidation of democracy in 1985. Based on historical evidence, the article offers explanations concerning the weak performance in Brazil. The case of Brazil provides a challenge to the theory of open access order of North and his colleagues in the sense that open access to political organizations and activities does not necessarily lead to either better political representation or better economic performance. The case of Brazil also shows that open access to economic organizations and activities in the absence of the necessary institutions in the areas of property rights protection and contract enforcement, the financial market, the rule of law, and human resources accumulation does not lead to long-term economic growth.

ICL Journal ◽  
2019 ◽  
Vol 13 (1) ◽  
pp. 29-63
Author(s):  
Guanghua Yu

Abstract This article uses the case of Singapore to argue that the theory of open access order advocated by North and his colleagues provides one possible option only. Although their theory of open access order explains the West relatively well, it does not always apply to contemporary non-Western countries. Similar to the cases of India and Japan examined elsewhere, the case of Singapore shows that what is more important to economic and human development is the open access in the economic sphere and the interconnected institutions in the area of property rights protection and contract enforcement, financial market, rule of law, and human resource accumulation. In other words, countries without open access in the political sphere as practiced in Singapore may also be able to achieve a great deal of success in terms of economic and human development if they ensure open access in the economic sphere and devote adequate resources to establishing the necessary interconnected institutions examined in this article. Further research elsewhere on China will similarly demonstrate this insight.


2018 ◽  
Vol 11 (1) ◽  
pp. 173-208
Author(s):  
Guanghua Yu

AbstractThe article uses the case of Japan to argue that the theory of open access order advocated by North and his colleagues goes beyond what is necessary. Although their theory of open access order explains the West relatively well, it does not always apply to contemporary non-Western countries. Similar to the case of India examined elsewhere, the case of Japan reveals that what is more important to economic and human development is the open access in the economic sphere and the interconnected institutions in the areas of property rights protection and contract enforcement, financial market, rule of law, and human resource accumulation. In other words, countries without open access in the political sphere may also be able to achieve a great deal of success in terms of economic and human development if they ensure open access in the economic sphere and devote adequate resources to establishing the necessary interconnected institutions examined in this article. Further research elsewhere on Singapore and China will shed more light on this debate.


Urban History ◽  
1998 ◽  
Vol 25 (3) ◽  
pp. 289-301 ◽  
Author(s):  
R.J. Morris

ABSTRACTThe concept of civil society provides a useful means of evaluating the social and political relationships of British towns. Civil society refers to the non-prescriptive relationships that lie between the state and kin. Such relationships are associated with the existence of the free market, the rule of law and a strong voluntary associational culture. Both theoretical analysis and historical evidence link civil society with the nature of urban places, their complexity, their function as a central place and their operation as a focus for flows of information. Between 1780 and 1820 the agencies of civil society in Britain provided an arena for making choices, for reasoned informed debate and for the collective provision and consumption of services in an open and pluralist manner.


2012 ◽  
Vol 66 (3) ◽  
pp. 515-535 ◽  
Author(s):  
Glen Biglaiser ◽  
Joseph L. Staats

AbstractMuch scholarship in the political economy literature has investigated the influence of the democratic advantage on sovereign bond ratings by credit rating agencies (CRAs). Missing from earlier work, however, is inquiry into the effects on bond ratings of factors that lower political risk, such as adherence to the rule of law, the presence of a strong and independent judicial system, and protection of property rights. Using panel data for up to thirty-six developing countries from 1996 to 2006, we find that rule of law, strong and independent courts, and protection of property rights have significant positive effects on bond ratings. Policymakers wanting to obtain higher bond ratings and increased revenue from bond sales would do well to heed the message contained in these findings.


Author(s):  
Aida TORRES PÉREZ

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.


European View ◽  
2018 ◽  
Vol 17 (1) ◽  
pp. 52-57
Author(s):  
Manfred Weber

The EU has a fundamental interest in having a constructive relationship with Turkey. However, the EU–Turkey relationship has become strained over recent years. This is why EU–Turkey relations need a new start, based on honesty about the long-term goal: EU membership is not an option for Turkey. Instead, the EU and Turkey should focus on concrete fields of cooperation. Humanitarian aid in the refugee crisis is a good example of a field in which a joint solution has been successful, as is the protection of the common external border. More joint action from the EU and Turkey is needed as regards the situation in Syria and Iraq. Turkey must overcome its democratic shortcomings. Further economic cooperation will depend on the application of the rule of law in Turkey.


Author(s):  
Andrea Bianchi

This chapter is an attempt at assessing the overall response provided by the international community, and the main normative strategies pursued by international law in countering international terrorism. To find concrete ways in which the coordination of norms and institutional policies can lead to the implementation of an effective holistic approach to fighting terrorism is the challenge lying ahead for the international community. The chapter argues that respect for human rights and the rule of law may play a central role in this process, by contributing to its legitimacy and increasing its chances of efficacy and stability in the long term. The other new challenge and the real paradigm shift, particularly at times of increasing terrorist violence, lies in thinking of counterterrorism as a precondition for economic growth and sustainable development.


2020 ◽  
Vol 9 (29) ◽  
pp. 273-281
Author(s):  
Oleksandr Batanov ◽  
Natalia Verlos ◽  
Olga Lotiuk ◽  
Olena Sinkevych

In the search for optimal ways of improving the normative foundations and organizational-legal forms of human rights protection, the problem of institutional support of relevant processes is actualized. The protection of human rights is inherently linked to all public-power structures of the mechanism of state power and is possible only in the context of optimal implementation of the principles of the rule of law, separation of powers, democratic, social, rule of law. In Ukraine, in the context of constitutional modernization, the problem of improving the organizational-legal mechanism of human rights protection remains urgent. For this purpose, the Institute of the Ombudsman operates in Ukraine. Its implementation fully meets the tendencies existing in the modern democratic world and is a reaction to those conflicts and contradictions that exist in the field of human rights protection. Nevertheless, the social insecurity of certain sections of the population (children, pensioners, persons with disabilities, servicemen, migrants, internally displaced persons, ethnic minorities, persons belonging to the LGBTI community, entrepreneurs, patients and other categories of citizens) is an indicator of the relevance of the problem and the functioning of national human rights protection mechanisms, including the strengthening of the relevant oversight functions of the Ombudsman. The subject of the research is the problems of reception in the constitutional law of the basic models of organization of the Ombudsman Institute in the mechanism of functioning of the rule of law. The object of the study is the public relations that delve into the human rights protection process and the ombudsman's exclusivity in the relevant processes. The methodological basis of the study are general scientific methods, such as dialectical, comparative-legal, formal-legal, historical, and logical methods of cognition, as well as special and private-law methods. The history of development, the causes, the processes of institutionalization and constitution of the ombudsman services in the modern world, the permanent transformation of their functions and the differentiation of their specialization are evidence of the improvement of the classical system of separation of powers and the constitutional mechanism of its organization. It is argued that the functional isolation, independence, and organizational diversity of the control bodies, first of all, the Ombudsmen, is a testament to the formation of control power, the conceptual idea of which is the existence of a system of measures to ensure control over public authority.


2018 ◽  
Vol 69 (3) ◽  
pp. 347-366
Author(s):  
Robert Grzeszczak ◽  
Stephen Terrett

Although Brexit has understandably been the primary focus of much recent EU-related discussion, it is not the only threat to the EU’s long-term stability. The growing impact of populism has already influenced the Brexit referendum result and an anti-liberal resurgence within the EU. Events in Poland have led to criticism of the EU’s apparent impotence in counteracting governments determined to implement an antiliberal, national-populist legislative agenda that threatens the rule of law. This article offers a critical analysis of the mechanism contained in Article 7 TEU and the tools created by the European Commission within its New Framework, viewed through the prism of escalating violations of the rule of law in Poland, with particular focus on the destabilisation of the Constitutional Tribunal. It analyses whether such criticisms are justified and, if so, whether a more robust framework for addressing anti-liberal populism is required. We compare the EU’s evolution into an organisation that protects individual human rights with its fledgling evolution into an organisation that seeks to police the rule of law. We argue that, in contrast to its successful human rights evolution, the EU’s current efforts towards enforcing the rule of law give little cause for optimism.


Author(s):  
Lian YU

LANGUAGE NOTE | Document text in Chinese; abstract also in English.“孝治天下”是中國傳統社會的治理模式,從而形成了具有中國特色的“孝文化”,但是這個文化卻在現代化的過程中遇到了質疑和批判。然而,在老齡化和養老問題突出的今天,“孝文化”重新成為社會討論的話題,由此帶來一系列的問題:我們如何回應五四新文化以來學者對所謂儒家“封建壓迫”的批判?我們如何重新構建當今時代的“孝文化”?本文探討和“孝治天下” 與“法治天下”之間的衝突與融合,提出二者互動的辯證關係。筆者認為,傳統的孝道必須與社會結構的轉型聯繫起來,從而形成一個符合現代社會的、新型的“孝文化”。“Ruling the world with filial piety” was an effective management model in traditional Chinese society, particularly during the Confucian era. However, this commitment to filial piety was powerfully challenged by China’s New Culture Movement at the beginning of the twentieth century, and disintegrated almost entirely during the Cultural Revolution approximately 50 years later. However, filial piety has recently re-emerged as a topic of debate due to the problems created by China’s aging society. In this paper, the possibility of reconstructing a culture of filial piety is investigated in relation to the rule of law, as discussed by public-policy makers. On the one hand, long-term care policies must be tailored to modern Chinese society, which has been transformed in the last few decades by changes to family structure and the relationship between family and society. On the other hand, policy makers responsible for long-term care policies must acknowledge the traditional value system that has shaped the Chinese way of thinking and moral logic.In the West, the concept of the rule of law is intrinsically connected with that of human rights. Moving away from the traditional perception of filial piety as a moral duty, it is proposed in this paper that the Confucian ideal of filial piety can be interpreted in terms of human rights. The author combines the Western principle of the rule of law with the Confucian concept of filial piety—that is, legality with morality—to show that filial piety should not be regarded merely as a virtue or a moral sentiment, but as a legallyprotected and promoted entity. The author argues that adherence to the principle of filial piety, although decreasing in modern China, remains the most important means of regulating the treatment of elderly people by their adult children, and cultivating awareness of the moral responsibility to provide elderly care.DOWNLOAD HISTORY | This article has been downloaded 1148 times in Digital Commons before migrating into this platform.


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