scholarly journals Zasada wzbudzania zaufania do państwa a autorytatywne rozwiązania w zakresie dostępu do broni palnej

2021 ◽  
Vol 43 (1) ◽  
pp. 299-314
Author(s):  
Rafał Mikowski
Keyword(s):  
Rule Of Law ◽  
Social Groups ◽  
Public Life ◽  
Free Access ◽  
Public Authorities ◽  
The Rule Of Law ◽  
State Action ◽  
Administrative Procedure ◽  
Substantive Law ◽  
The Relationship

The text presents the multidirectional infl uence of the ways of exercising power and relations between public authorities and citizens in the context of common values, which are public order and security, against the background of the rules governing access to firearms. The shaping of the government’s policy in the field of access to firearms is in many places marked by legal solutions characteristic of the remnants of the authoritarian regime. In terms of access to fi rearms, the authoritarian manner of exercising power was characterized by the pursuit of strict control over gun ownership. The trust of the authoritarian authorities in certain social groups, limited to the minimum, was visible in the discretionary, but also planned and imperative exclusion of firearms from public life and reserving this right for services, organizations, or specific groups favorable to the authorities. The current regulations on the possession of firearms, both in Poland and in the world, show that the liberal policy of administering access to firearms is based on democratic solutions. The policy of prohibiting and introducing restrictions in this area with the use of authoritative methods of state action gives rise to research that exposes the essence of the authorities’ fears of a complete opening of access to weapons. The administrators, referring to the principle of trust in the authorities, are approaching the features of an authoritarian approach to maintaining power, which is not to be hampered by the possession of weapons by citizens. Completely free access to firearms is not characteristic to those forms of government in which there is no trust in state’s citizens, nor confidence in government’s position, susceptible to possible changes. In this regard, the basic rules governing access to firearms were presented, both in substantive law and in the rules of administrative procedure, with particular emphasis on the principle of raising trust in public authorities. It was also important to analyze the origins of the administrative power with an indication of the characteristic elements of the police state and their impact on the visions of access to firearms in the rule of law. Such a structure of the study made it possible to try to define the relationship between the trust of the authorities in their citizens and the trust of those administered to the authorities against the background of broadly understood security in the field of access to firearms.

scholarly journals Religious Diversity in the Workplace: The Case for Alternative Dispute Resolution

2019 ◽  
Vol 68 (1) ◽  
pp. 207-223
Author(s):  
Élise Rouméas
Keyword(s):  
Dispute Resolution ◽  
Rule Of Law ◽  
Alternative Dispute Resolution ◽  
Focal Point ◽  
Religious Diversity ◽  
Public Life ◽  
The Rule Of Law ◽  
Dispute Processing ◽  
The Relationship ◽  
Diversity In The Workplace

The workplace is a focal point for debates about religion and public life. This article examines the question of religion at work, and how to fairly resolve the conflicts it generates. Specifically, it advocates for the use of alternative dispute resolution to address these conflicts. Alternative dispute resolution refers to a set of dispute processing methods, mainly arbitration and mediation. Unlike litigation, these procedures rely on the consent and cooperation of the parties involved. I argue that alternative dispute resolution is best conceived of as a desirable complement to the rule of law rather than a cheaper alternative. It conveys a distinctive approach to procedural fairness, which is attentive to individual circumstances, and it frames the relationship between disputants in a cooperative way. Alternative dispute resolution is thus a valuable tool for the accommodation of religious diversity in the professional world.

The Relationship between Constitutions, Socioeconomics, and the Rule of Law: A Quantitative Thermodynamic Approach

2021 ◽  
Author(s):  
Klaus Jaffe ◽  
Antonio Canova ◽  
Jose Gregorio Contreras ◽  
Ana Cecilia Soares ◽  
Juan Carlos Correa ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Thermodynamic Approach ◽  
The Rule Of Law ◽  
The Relationship

Crisis of the Rule of Law in Europe: The Cases of Hungary, Poland and Spain

2021 ◽  
Vol 7 (3) ◽  
pp. 379-398
Author(s):  
David Parra Gómez
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Social Rights ◽  
Institutional Reforms ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Public ◽  
Division Of Powers ◽  
European Democracy ◽  
Aggressive Interference

Democracy is an instrument at the service of a noble purpose: to ensure the freedom and equality of all citizens by guaranteeing the civil, political and social rights contained in constitutional texts. Among the great principles on which this instrument rests is the division of powers, which consists, substantially, in the fact that power is not concentrated, but that the various functions of the State are exercised by different bodies, which, moreover, control each other. Well, the increasingly aggressive interference of the Executive and, to a lesser extent, the Legislative in material spheres that should be reserved exclusively for the Judiciary, violates this principle and, for this reason, distorts the idea of democracy, an alarming trend that, for some time now, are observed in European Union countries such as Hungary, Poland and Spain. Preventing the alarming degradation of European democracy, of which these three countries are an example, requires not only more than necessary institutional reforms to ensure respect for these principles and prevent the arbitrariness of the public authorities, but also a media network and an education system that explains and promotes these values and principles, that is, one that makes citizens aware of and defend constitutionalism. Keywords: Rule of law; Democracy; Separation of powers; judicial independence; Europe.

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 Functions of the state: concepts, classifications, scientific interpretations

1970 ◽  
pp. 406-410
Author(s):  
Marharyta Butsan
Keyword(s):  
Rule Of Law ◽  
Public Life ◽  
The State ◽  
Political Life ◽  
Historical Period ◽  
Legal Form ◽  
The Rule Of Law ◽  
The Government ◽  
Cultural Functions ◽  
State Functions

In the article the concept of state functions, realizing which the state carries out a targeted management impact on various spheres of a public life. They show that the government should do to achieve and implement the goals and tasks that lie before him in a certain historical period. Purposes of the functions of the state are the results that must be obtained in implementing the functions, goals can be immediate, intermediate, ultimate. On one stage of historical development, priority may be given to economic, the other political or socio-cultural functions, the third function of defense, etc. At the beginning of its inception, the state played a very small list of functions. The contents of most of them was of a pronounced class character. The functions manifest national characteristics of the country, because the state is obliged to provide the geopolitical interests of the ethnic group, to support the development of national culture, language, and the like. The contents and the list of functions to a large extent depend on the nature of the state, its social purpose in public life. The main duty of the state to maintain a level of social organization that would ensure not only the preservation of the integrity and prosperity of society as a whole, but also the needs of individuals. The article studies scientific approaches with respect to interpretation of the concept of functions, given the existing classification of state functions: the areas of activities of the state, duration and the like. The analysis of existing functions in Ukraine. The human rights function is currently the most relevant. Advocacy function has the expression in activities that are aimed at protecting the rights and freedoms of man and citizen, the rule of law and the rule of law in all spheres of public and political life. The peculiarities of exercise of the functions of the state are divided into legal and organizational. The legal form is a homogenous activity of state bodies related to the adoption of legal acts. Organizational form is a homogenous activity of the state aimed at creating organizational conditions to ensure functions of the state. In Ukraine there are three main forms of implementation of the activities of the state depending on types of activities: legislative, Executive, judicial. The basis for this separation is the provision of the Constitution of Ukraine, which is highlighted in these branches of government. In the implementation of all main functions of the state are actively involved all types of public power in Ukraine.

scholarly journals Correlation of Law and Order in Society

2020 ◽  
Vol 37 (64) ◽  
pp. 53-61
Author(s):  
Gabdrakhman H. Valiev ◽  
Sergey V. Kondratyuk ◽  
Natalia A. Prodanova ◽  
Irina A. Babalikova ◽  
Kermen I. Makaeva ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Modern Society ◽  
Legal Regulation ◽  
Law And Order ◽  
The Rule Of Law ◽  
Human Rights Organizations ◽  
Relationship Of ◽  
The Relationship ◽  
Concrete Reality

The problem of the relationship of law and order is relevant to any modern society. The article tries to analyze this relationship, taking into account judicial, police and other activities. The named concepts are closely interconnected, but are not identical. They are correlated as cause and effect: there is a rule of law, there is no rule of law. One suggests the other. The rule of law as concrete reality logically precedes the rule of law as a doctrine, the connection here is hard, causal. The process is one. Law and order: a real indicator of the state of legality, reflects the degree of compliance with the laws, the requirements of all legal regulations. It is concluded that the rule of law is the end result of the implementation of legal requirements and, at the same time, the objective of legal regulation, since it is for the formation and maintenance of the rule of law that laws are issued, thus like other regulatory legal acts, various institutions and bodies and, above all, the justice system, the control system, various human rights organizations and social movements.

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.

scholarly journals Connecting Reproductive Rights, Democracy, and the Rule of Law: Lessons from Poland in Times of COVID-19

2021 ◽  
Vol 22 (6) ◽  
pp. 1072-1097
Author(s):  
Atina Krajewska
Keyword(s):  
Rule Of Law ◽  
Reproductive Rights ◽  
The Rule Of Law ◽  
Abortion Law ◽  
Polish Society ◽  
History Of ◽  
Constitutional Tribunal ◽  
Litmus Test ◽  
The Relationship

AbstractThis article examines the relationship between reproductive rights, democracy, and the rule of law in transitional societies. As a case study, it examines the development of abortion law in Poland. The article makes three primary claims. First, it argues that the relationship between reproductive rights and the rule of law in Poland came clearly into view through the abortion judgment K 1/20, handed down by the Constitutional Tribunal in the middle of the COVID-19 pandemic. The judgment and the context in which it was issued and published are interpreted as reflections of deep-lying processes and problems in Polish society. Consequently, second, the article argues that analysis of the history of reproductive rights in recent decades in Poland reveals weak institutionalization of the rule of law. This is manifest in the ways in which different professional groups, especially doctors and lawyers, have addressed questions regarding abortion law. Therefore, third, the article argues that any assessment of the rule of law should take into account how powerful professional actors and organizations interact with the law. The Polish case study shows that reproductive rights should be seen as important parts of a “litmus test,” which we can use to examine the efficacy of democratic transitions and the quality of the democracies in which such transitions result.

scholarly journals A European convergence towards a stare decisis model?

2015 ◽  
pp. 173 ◽  
Author(s):  
Stefano Civitarese
Keyword(s):  
Rule Of Law ◽  
Deep Understanding ◽  
The European Union ◽  
Stare Decisis ◽  
The Rule Of Law ◽  
Law System ◽  
Legal Space ◽  
The One ◽  
The Relationship

The article revolves around the doctrine of precedent within the so-called European legal space, wondering whether and to what extent we can speak of a convergence towards a stare decisis model boosted by the harmonizing role of the Court of Justice of the European Union. The article argues that although there are still some differences between civil law and common law legal systems they regard more the style of reasoning and the deep understanding of the relationship between the present decision of a court and past judicial decisions than the very existence of the constraints of the latter upon the former. The article concludes that a sort of mechanism of stare decisis has in fact been created, even though, on the one hand, uncertainty remains as to the way in which the binding force of a precedent concretely operates in the system, and on the other hand, this mechanism relates exclusively to the relationships between past and future decisions of higher courts (horizontal effect). This change, far from being a shift towards a truly judge-made law system or a consequence of the final abandonment of the dictates of the rule of law, enhances legal certainty contributing to the fundamental requirement of stability of law as a feature of the ideal of the rule of law.

scholarly journals CURRENT SITUATION, STRUCTURE AND MEASURES TO COUNTERACT BUSINESS CRIME IN CHINA

2021 ◽  
pp. 73-80
Author(s):  
Р. Dunmei
Keyword(s):  
Corporate Finance ◽  
Rule Of Law ◽  
Economic Activity ◽  
Financial Management ◽  
Public Life ◽  
Management Control ◽  
Social Phenomenon ◽  
Effective Prevention ◽  
Legal Risk ◽  
The Rule Of Law

Entrepreneurship is the main bearer of economic activity, which is why the company is central to public life, and moreover, the entrepreneur is recognised as the soul of the company. However, some entrepreneurs, unaware of the rule of law and responsibility, take risks in areas such as corporate finance, financial management, trade and product quality, which leads to an increase in crime among entrepreneurs, which to some extent limits the development of market economies. Entrepreneurial crime as a negative social phenomenon reveals institutional weaknesses in the functioning, management, control and other links of enterprises. In order to overcome previous risks, improvement of the concept, mechanism, organisation and methods of legal risk management should be organically combined with the production and management of the enterprise in order to form a system of prevention and effective prevention of entrepreneurial crime.

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