scholarly journals The elusive quest for the rule of law: promoting judicial reform in Latin America

2003 ◽  
Vol 23 (3) ◽  
pp. 456-480
Author(s):  
CARLOS SANTISO
Keyword(s):  
Economic Development ◽  
Latin America ◽  
Rule Of Law ◽  
The Political ◽  
Judicial Reform ◽  
Multilateral Development Banks ◽  
The Rule Of Law ◽  
Realistic Approach ◽  
Trade Offs

ABSTRACT While there exists a consensus on the centrality of the rule of law both for economic development and democratic consolidation, the political economy of legal and judicial reform remains largely under-theorized. The review essay underscores the tensions and trade-offs between the different strategies and objectives of judicial reform in Latin America. Contrasting the experiences of Argentina and Brazil, it high- lights the delicate balance between independence and accountability. It also assesses the role of donor institutions, and in particular the multilateral development banks, in promoting judicial reform. It argues for a more realistic approach to judicial governance, focusing on feasible reforms.

The Role of Courts in Rifted Democracies

1999 ◽  
Vol 33 (2) ◽  
pp. 216-258 ◽  
Author(s):  
Ruth Gavison
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Judicial Review ◽  
Public Life ◽  
The Political ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
The Supreme Court ◽  
Harsh Criticism

A discussion of the role of courts in Israel today demands some introductory remarks. The Supreme Court and the President of the Supreme Court enjoy great acclaim and respect within Israel and abroad, but have recently come under attack from a variety of sources. These attacks are often confused, and many of them are clearly motivated by narrow partisan interests and an inherent objection to the rule of law and judicial review. But these motives do not necessarily weaken the dangers which the attacks pose to the legitimacy of the courts in general, and the Supreme Court in particular, in Israel's public life. The fact that in some sectors extremely harsh criticism of the court is seen to be an electoral boost, testifies to the serious and dangerous nature of the threat. This situation creates a dilemma for those who want a strong and independent judiciary, believing it is essential for freedom and democracy, but who also believe that, during the last two decades, the courts have transgressed limits they should respect. The dilemma becomes especially acute when the political echo sounds out in one's criticism, and when one is part of the group that believes that the legal and the judicial systems have made some contribution to the prevalence of these hyperbolic and dangerous attacks, as I am.

scholarly journals CORRUPTION, CAPITAL ABUNDANCE AND ECONOMIC DEVELOPMENT: EVIDENCE FROM THE EUROPEAN UNION COUNTRIES

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc
Keyword(s):  
European Union ◽  
Economic Development ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Explanatory Power ◽  
The European Union ◽  
The Rule Of Law ◽  
European Union Countries ◽  
The Relationship

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.

State, Sovereignty, and the People: A Comparison of the “Rule of Law” in China and India

2009 ◽  
Vol 68 (1) ◽  
pp. 55-100 ◽  
Author(s):  
Jonathan K. Ocko ◽  
David Gilmartin
Keyword(s):  
Rule Of Law ◽  
Social Order ◽  
The Political ◽  
British India ◽  
Fourth Section ◽  
The Rule Of Law ◽  
China And India ◽  
The People ◽  
History Of

This paper uses the concept of the “rule of law” to compare Qing China and British India. Rather than using the rule of law instrumentally, the paper embeds it in the histories of state power and sovereignty in China and India. Three themes, all framed by the rule of law and the rule of man as oppositional yet paradoxically intertwined notions, organize the paper's comparisons: the role of a discourse of law in simultaneously legitimizing and constraining the political authority of the state; the role of law and legal procedures in shaping and defining society; and the role of law in defining an economic and social order based on contract, property, and rights. A fourth section considers the implications of these findings for the historical trajectories of China and India in the twentieth century. Taking law as an instrument of power and an imagined realm that nonetheless also transcended power and operated outside its ambit, the paper seeks to broaden the history of the “rule of law” beyond Euro-America.

scholarly journals Mutual Effects of Land Distribution and Economic Development: Evidence from Asia, Africa, and Latin America

Land ◽  
2019 ◽  
Vol 8 (6) ◽  
pp. 96 ◽  
Author(s):  
Hossein Azadi ◽  
Eric Vanhaute
Keyword(s):  
Developing Countries ◽  
Human Capital ◽  
Economic Development ◽  
Latin America ◽  
The Political ◽  
Land Distribution ◽  
Land Inequality ◽  
Comparative Review ◽  
Different Dimensions

Land plays an important role in the economies of developing countries, and many theories connecting land inequality with different dimensions of economic development already exist. Even though efficacious land distribution allows societies to transition from poverty to a human capital-based developed economy, ongoing issues related to property rights, inequality, and the political economy of land distribution are unavoidable. The general objective of this paper is to explore the nexus between land distribution and economic development. The specific objectives are to: (i) identify which land distribution programs/activities contribute to economic development; (ii) investigate the role of stakeholders in land distribution programs that affect the growth of productivity; and (iii) assess the deficiencies of current land distribution policies in Asia, Africa, and Latin America to explore how economic development theories contribute to decreasing income inequality. This paper provides an overview of land distribution history and the main economic development theories. It also highlights the links between land distribution and the main elements of economic development. Finally, it provides a comparative review of the most recent empirical works regarding the characteristics, limitations, and potential (mutual) effects of land distribution and economic development settings on developing countries worldwide.

Modern slavery in global context: ending the political economy of forced labour and slavery

2019 ◽  
pp. 29-46
Author(s):  
Aidan McQuade
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Political ◽  
The Rule Of Law ◽  
Global Context ◽  
Modern Slavery ◽  
Political Economies ◽  
Forced Labour ◽  
Human Rights Standards

This chapter begins by setting out the root causes of slavery, and demonstrating the fundamental role of the failure of the rule of law in enabling slavery to persist. It then sets out how particular failures in the rule of law give rise to four ‘peacetime’ political economies of slavery (i.e. state-sponsored slavery, state-tolerated slavery, state-facilitated slavery, state-muddled slavery). Where international mechanisms exist to uphold human rights standards, these political economies may be reformed somewhat. However, in addition, what is needed is a more fundamental reform of the nature of all political economies to establish processes to empower vulnerable individuals and groups and to uphold human rights standards. The chapter then sets out what forms these reforms must take to establish political economies with the potential to reduce slavery, if not eliminate it completely.

scholarly journals La crisis del Estado y la reconstrucción del Estado de Derecho en las organizaciones regionales de integración de estados = The crisis of the State and the reconstruction of the rule of law in regional supranational organization

2013 ◽  
pp. 279
Author(s):  
Antonio Colomer Viadel
Keyword(s):  
Latin America ◽  
Rule Of Law ◽  
International Organizations ◽  
Regional Integration ◽  
Fundamental Rights ◽  
Political Organization ◽  
The Political ◽  
National State ◽  
The Rule Of Law ◽  
Legal Restriction

El Estado ha supuesto una de las organizaciones políticas más complejas de la historia política y en su dimensión constitucional un instrumento eficaz para la garantía de los derechos y la limitación jurídica del poder en la forma de Estado de Derecho. Viene, hace tiempo, considerándose que el Estado nacional se encuentra en crisis y un factor de aceleración de esta crisis ha sido el fenómeno de la globalización y la dimensión planetaria de los problemas y el protagonismo de nuevas organizaciones internacionales. Al mismo tiempo las organizaciones supranacionales de integración de Estados han sido un instrumento para la mejor inserción en el nuevo orden jurídico internacional y posiblemente desde ellas se tendrán que realizar los principios, valores y garantías del Estado de Derecho y su proyección social y democrática. En este sentido es especialmente significativo el análisis comparado de los procesos de integración en Europa y en América Latina.The State has became one of the most complex political organization in the political story and an important instrument for social and regional integration in to safeguard fundamental rights, in addition to a legal restriction of power according to the rule of law. National State is in crisis as a result of globalization, the problems scale and the new leading rule of international organizations. At the same time supranational organizations in this new international juridical order, will have to face up to principles, warranties and values of a democracy under the rule of law. This is the point in which we consider . why this debate about European and Latin America is so important.

scholarly journals Role of formal and informal institutions in the civil society development

2020 ◽  
Vol 2 ◽  
pp. 7-18
Author(s):  
Sergey Zyryanov ◽  
◽  
Anatoly Lukin ◽  
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Informal Institutions ◽  
The Political ◽  
The Rule Of Law ◽  
Social Sphere ◽  
Institutional Approach ◽  
Formal And Informal Institutions ◽  
Ways Of Thinking

Today, scientific discussions on the specifics of the development of civil society in Russia do not stop. The institutional approach allows us to look at this problem through the prism of formal and informal institutions existing in society. Researchers and practitioners should not focus only on the rule of law, official prescriptions and orders, setting the framework for interactions between authorities and citizens, promoting private initiatives, and realizing the rights and freedoms of the population. If they do not correspond to the prevailing norms, stereotypes, ways of thinking and actions for centuries, then the most useful, at first glance, innovations in the political and social sphere may not take root. This does not mean, however, that informal institutions remain unchanged under any circumstances. They also evolve. This process can be targeted. It is important to understand all the actors involved in the development of civil society in our country.

scholarly journals Has Albania's Economic Development Stalled? Investigating the Role of Institutional Factors in Albania's Economic Performance

2021 ◽  
Vol 10 (4) ◽  
pp. 114
Author(s):  
Myslym Osmani ◽  
Kledi Kodra ◽  
Drini Salko
Keyword(s):  
Economic Growth ◽  
Economic Development ◽  
Rule Of Law ◽  
Economic Performance ◽  
Institutional Factors ◽  
Gdp Per Capita ◽  
Relative Growth ◽  
The Rule Of Law ◽  
Per Capita

This study focuses on the institutional factors of Albania's economic development, from a comparative, dynamic, and regional European perspective. We use longitudinal data for the years 2002, 2014, and 2019 and a small selection of 13 countries in the region and some EU member states. Descriptive statistics, graphical representation, and econometric modeling are used for data analysis. The purpose of the study is to discuss, in real and comparative terms with the region and beyond, the economic growth of Albania based on the GDP per capita indicator, as well as to identify and evaluate dynamically the role of institutions in the country's development through important institutional factors, such as the effectiveness of government, rule of law, corruption, etc. The analysis shows that Albania's economic performance is weakover the last two decades. This is reflected in the insufficient relative growth of GDP per capita, the small increase in per capita income, and especially in the low increase in income for every 1% of relative growth. In these indicators, Albania continues to be consistently in the lowest positions in the region and beyond. The study highlights the strong link between economic growth and the effectiveness of government, the rule of law, and weak control over corruption. Improving corruption control by one unit in the range (-2.5 to 2.5) is expected to improve GDP per capita by an average of about 2.2 times. Improving the rule of law by one point is expected to improve GDP per capita on average by about 2.4 times. The country's sluggish economic performance is mainly attributed to weak institutions.   Received: 4 March 2021 / Accepted: 6 May 2021 / Published: 8 July 2021

scholarly journals Finality of Judgments in Civil Cases and Related Considerations: The Experience of Ukraine and Lithuania

2019 ◽  
Vol 2 (5) ◽  
pp. 6-29
Author(s):  
Kostiantyn Gusarov ◽  
Viktor Terekhov
Keyword(s):  
Rule Of Law ◽  
Access To Justice ◽  
Judicial Reform ◽  
Eastern European ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Public Role ◽  
Eastern European Countries ◽  
Judicial Economy

Finality of judgments is a concept that puts an end to the trial, prohibiting subsequent appeals, opening of new proceedings and disputing clearly established facts. Despite being promoted by the Council of Europe and its Court of Human Rights and familiar to most if not all states, its application still encounters misunderstanding in some Eastern European Countries. Deeply rooted ideas of substantive truth and public role of the judiciary, a rather idiosyncratic notion of fair trial and the rule of law all lead to underestimation of the role played by finality in a peaceful life of the society. This article addresses the experience of Ukraine (where a major judicial reform has just taken place) and Lithuania – two post-Soviet nations that both, still in their unique way, worked on implementing the principle of finality into their procedural order. The paper also explores an uneasy balance to be found between this notion and other relevant considerations (access to justice, rule of law, judicial economy and some other).

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