scholarly journals Voting with the shilling: The 'Money Talks Factor' in Kenya's Public Policy and Electoral Democracy

2020 ◽  
pp. 92-111
Author(s):  
Wilson Muna ◽  
Michael Otieno
Keyword(s):  
Public Policy ◽  
Rule Of Law ◽  
Important Ingredient ◽  
Political Will ◽  
Political Activities ◽  
The Rule Of Law ◽  
Playing Field ◽  
Electoral Outcomes ◽  
Hydraulic Theory ◽  
Push And Pull

The influence of money in elections has become an important ingredient in determining electoral outcomes worldwide. The use of money in political activities has adversely affected the nature of public policy, governance, competition, the rule of law, transparency, equity and democracy. Although there are laws, policies and guidelines governing the use of money during elections, there is little political will to implement them. This paper examines how money, or the lack thereof, determines electoral outcomes in multi-party democracies with a focus on Kenya, employing both the hydraulic theory and the push-and-pull paradigm. The study found that in most cases, victory in elections follows those with money; in other cases, it is the potential for victory that attracts money from self-interested donors. The study calls on electoral bodies such as the Independent Electoral and Boundaries Commission to honour their mandate and demand compliance with set laws and regulations in a bid to entrench governance and create a level playing field for contestants.

scholarly journals ‘When I See the ‘Broom’, I Will Pass over You’: An Assessment of President Muhammadu Buhari’s Anti-Corruption Crusade in Nigeria, 2015-2019

2021 ◽  
Vol 21 (2) ◽  
pp. 195-232
Author(s):  
O.O. Thompson ◽  
A.S. Afolabi ◽  
A.N. Raheem ◽  
C.A. Onifade
Keyword(s):  
Social Norms ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Press Releases ◽  
Political Will ◽  
The Rule Of Law ◽  
Media Reports

Corruption is a global phenomenon. Many states have embarked on several crusades to fight the menace, with little to show for these efforts. Using a critical analysis ofliterature, media reports and press releases, this articleassesses the anti-corruption crusade of President Muhammadu Buhari’s administration, 2015-2019. The article argues that in spite of the strategies and panoply of laws employed by the administration to tackle the menace, the crusade has to a large extent failed because the crusade is waged along ethnic and particularly party lines. The article recommends among other things the need for transparency in the crusade, building institutions, revival of social norms, political will, and respect of the rule of law.

scholarly journals The Rule of Law and Its Social Reception as Determinants of Economic Development: A Comparative Analysis of Germany and Poland

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Krzysztof Głowacki ◽  
Christopher Andrew Hartwell ◽  
Kateryna Karunska ◽  
Jacek Kurczewski ◽  
Elisabeth Botsch ◽  
...  
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Institutional Economics ◽  
New Institutional Economics ◽  
The State ◽  
Necessary Condition ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Playing Field ◽  
Depth Interviews

Abstract The rule of law is not just a necessary condition for a modern liberal society but also an important prerequisite for a stable, effective and sustainable market economy. However, relevant legal norms may be more or less successful depending on their social reception within a particular country. This study explores the connection between the rule of law, especially in terms of how it is viewed socially, and the functioning of market economy in the examples of two geographically contiguous yet often-diverging countries, namely Germany and Poland. We utilise two approaches to examine this issue, first studying societal perceptions of the various dimensions of the rule of law by way of standardized surveys and in-depth interviews conducted in both countries to determine the de facto state of the rule of law in the economic context. Secondly, we measure the effect of the de jure and de facto rule of law on economic outcomes using a multivariate panel analysis. Combining new institutional economics and sociology of law, our analysis finds that Polish firms perceive the rule of law and its execution by the state in a restrictive perspective, contributing to insecurity. German interviewees, however, showcase the supportive and transaction cost-reducing properties of the rule of law, displaying higher trust in the state. These findings are supported by an econometric analysis of the drivers of rule of law in both Poland and Germany, which shows the importance of rule of law in terms of a level playing field contributing to higher levels of investment.

scholarly journals Demokratska vladavina prava

2019 ◽  
Vol 56 (1) ◽  
pp. 87-106
Author(s):  
Olivier Jouanjan
Keyword(s):  
Rule Of Law ◽  
Direct Democracy ◽  
Fundamental Principle ◽  
Carl Schmitt ◽  
Modern Democracy ◽  
Political Will ◽  
The Rule Of Law ◽  
Administrative Control ◽  
The People ◽  
Collective Process

In Europe, democracy has a bright future. Not one democratic mechanism, however direct, cannot guarantee direct democracy. Therefore, the theory of populism by theoretician Carl Schmitt is analyzed « thoughts on Schmitt against Schmitt : Ernst-Wolfgang Böckenförde“. Furthermore, the democratic myth is discussed and its ideology. The state of rule of law of modern democracy and the two faces of modern democracy are analyzed. The need to participate in civil society in administrative control is stressed. The relation of the tension between democracy and rule of law is observed. The need to consider the concept of considering modern democracy in relation to the idea of rule of law, democracies under conditions of modern politics on the basis of which Böckenförde, referring to Hegel, calls the problem „division “are emphasized. It is precisely from this problem that Böckenförde shows that modern democracy can only be representative. Representation is a fundamental principle of the rule of law while representation means a system of formation necessary for expressing the political will of the people. Every formation of the collective process means the introduction of standards of procedure, significant guarantees and formal conditions of this process.

scholarly journals English Legal Model in the Views of «White» Lawships

2019 ◽  
Vol 15 (3) ◽  
pp. 14-24
Author(s):  
D. R. Zaynutdinov
Keyword(s):  
Civil War ◽  
Rule Of Law ◽  
Legal System ◽  
Political Activities ◽  
The Rule Of Law ◽  
Legal Science ◽  
Legal Opinions ◽  
Legal Model

The article discusses the legal views of the «white» lawyers – P. G. Vinogradov and V. A. Maklakova. The focus is on their commitment to the ideals of the English legal model. In the process of research, the author studied some of the theoretical and legal ideas of P. G. Vinogradov and V. A. Maklakova, in which they justified the need to introduce certain elements and institutions of the English legal model into the Russian legal system: the rule of law, strengthening the role of the judiciary, and others. The author also considers the legal-theoretical and political activities of P. G. Vinogradov and V. A. Maklakova during the Civil War in Russia. The relevance and novelty of this work is related to the lack of research in Russian legal science devoted to the analysis of legal opinions of «white» lawyers. The author uses the method of legal hermeneutics, with the help of which the interpretation of the legal views of P. G. Vinogradov and V. A. Maklakova. In conclusion, the work reveals the goal pursued by «white» lawyers, speaking about the need to borrow elements and institutions of the English legal model.

scholarly journals Disciplinary Proceedings as an Instrument for Breaking the Rule of Law in Poland

2020 ◽  
Author(s):  
Katarzyna Gajda-Roszczynialska ◽  
Krystian Markiewicz
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Social Insurance ◽  
The Political ◽  
National Council ◽  
Political Will ◽  
The Rule Of Law ◽  
Lower House ◽  
The Supreme Court ◽  
Disciplinary System

Abstract This article advances the thesis that disciplinary proceedings may constitute a tool for breaking the rule of law in Poland. In 2017, as part of a package of legal changes to the judiciary, a disciplinary system was created in Poland to ensure that judges were subservient to the political will of the authorities. From the beginning, new disciplinary officers appointed by the Minister of Justice (the Prosecutor General) have targeted judges who disagree with unconstitutional changes to the judiciary. Disciplinary proceedings are by no means repressions that affect judges who demand that other authorities respect the rule of law in Poland. The article discusses, on a step by step basis, the practical mechanisms taken by the political authorities to break the rule of law in Poland. Particular attention is paid to the measures which have been taken concerning the judiciary. The article discusses the judgment of the CJEU on 19 November 2019 in combined cases C-585/18, C-624/18, and C-625/18 and the implementing resolution of the combined Civil, Criminal and Labour and Social Insurance Chambers of the Supreme Court on 23 January 2020 as well as the collapse of the rule of law in Poland from a practical perspective. The analysis of the recent events shows that after the so-called Muzzle Law (A bill amending the Act on the Organization of Ordinary Courts, the Act on the Supreme Court and the Act on the National Council of the Judiciary was submitted on 12 December 2019, and then voted on by the parliamentary majority in the lower house of the Polish Parliament (Sejm) on 20 December 2019.) came into force, the application of the resolution of the combined Civil, Criminal and Labour and Social Insurance Chambers of the Supreme Court on 23 January 2020 implementing the CJEU judgment in the joined cases C-585/18, C-624/18, and C-625/18 of 19 November 2019 can be and, in fact, is penalized by further disciplinary proceedings, which constitutes a real threat to the already weakened rule of law. Institutions and, above all, judges who are safeguarding the rule of law are being destroyed.

THE CONTRIBUTION OF LEGISLATIVE DRAFTING TO THE RULE OF LAW

2018 ◽  
Vol 77 (3) ◽  
pp. 630-635 ◽  
Author(s):  
Philip Sales
Keyword(s):  
Rule Of Law ◽  
Political Will ◽  
Legal Form ◽  
The Rule Of Law ◽  
Formal Rule ◽  
Important Position ◽  
Law Making

AbstractDrafters of legislation occupy an important position of constitutional significance, involving the translation of political will into legal form. They help clarify and refine the instructions from politicians and create statutory schemes which are internally coherent and have external coherence with wider legal and constitutional values. They begin the process of disciplining and refining political will through application of constitutional reason, which is then continued at the stage of interpretation of statutes by the courts. Drafters of legislation thus contribute to the formal rule of law values of predictability and certainty and also to more substantive values of fairness and respect for constitutional principles and rights. The better the drafting of legislation, the smoother the integration of democracy and the rule of law and the less need there is for interstitial law-making by judges in the interpretive exercise.

scholarly journals Ethics and politics: Significance and renewal of "the philosophy of human affairs"

2004 ◽  
pp. 7-47
Author(s):  
Vojislav Stanovcic
Keyword(s):  
Rule Of Law ◽  
The Other ◽  
The Political ◽  
Moral Consciousness ◽  
Political Activities ◽  
The Rule Of Law ◽  
Theoretical Approaches ◽  
Religious Feeling ◽  
The One ◽  
Ethics And Politics

The author discusses the opposing opinions and different behaviour related to two significant problems. The first one deals with the relation between ethics and politics, both in the practical political activities and in the theoretical approaches (apologies or criticisms, that is analyses) to "the political". Dealing with the relation between "the rule of law" on the one hand and the political will or willfulness on the other, the author concludes that the rule of law implies the rule of the relatively sensible regulations and that their matalegal, metatheoretical basis includes moral assumptions and moral and religious norms, principles and categories, for example the notions of justice, reward, punishment, freedom, human rights, but also a series of other orders, instructions, prohibitions, taboos, some of which also have the instrumental nature and are used to achieve certain humanistic goals. The second problem deals with the relation between regulations and instructions in logic and ethics. These two problems are closely related because man?s every conscious activity observes or disregards some "logic" and/or "ethics". Simplified and politically expressed, the first problem appears as a question whether "the state cause" could justify political amoralism ? whether pure force, i.e. coercion creates law. The problem of the relation between logic and ethics appears as a contradiction, as a discrepancy, the conflict between logic and ethics used to realize or do things, and an insight about an activity which instructs the thinker or doer towards conlusions or activities of one kind, while his moral consciousness ethics or religious feeling instruct him to act in a completely different way, that is to act in the other direction. This is the conflict between the logic in the insights related to moral consciousness (conscience) or to the religious feelings of the subject who acquires knowledge and who should draw conclusions about certain practical activities.

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