scholarly journals Considerations regarding the sources of corruption

2020 ◽  
Vol XXIII (2) ◽  
pp. 270-277
Author(s):  
Nagat Violeta-Ioana
Keyword(s):  
Rule Of Law ◽  
Prevention And Control ◽  
Social Equity ◽  
Conflicts Of Interests ◽  
The Rule Of Law ◽  
State Institutions ◽  
Real Size ◽  
The Stability ◽  
And Control ◽  
Trigger Mechanisms

Corruption is a threat to democracy, the rule of law, social equity and justice, erodes the principles of efficient administration, undermines the market economy and endangers the stability of state institutions. Therefore, the fight against this phenomenon must be carried out by the legally authorized authorities, with the support of civil society, without any obstruction, so that no one is perceived as being above the law. In this context, the prevention of acts and facts of corruption, by monitoring conflicts of interests and incompatibilities, as well as by controlling the assets acquired illegally, must be the support of any strategy in this field. Adopting adequate measures to prevent the "corruption" phenomenon requires knowing its real size, its complexity, the trigger mechanisms and the consequences produced. The complexity and the continued diversification of the forms of manifestation of this phenomenon, together with the tendencies of globalization, require the design and elaboration of appropriate strategies, which scientifically and systematically approach the criminogenic sources and the effects of the crime and offer the effective tools for social prevention and control. The phenomenon of "corruption" is generated by ideologies, norms, individuals and groups with antisocial behavior, institutions and organizations.

scholarly journals State-building for the market economy in Eastern Europe

2020 ◽  
Vol 70 (4) ◽  
pp. 471-491
Author(s):  
Paul Hare
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Law And Economics ◽  
Recent Analysis ◽  
The Rule Of Law ◽  
State Institutions ◽  
Role Of The State ◽  
New States ◽  
The Eu

AbstractKornai's earlier works embodied the idea that state institutions formed a system with a strong tendency to reproduce itself, and hence to resist minor reforms. Thus, at the end of socialism, huge changes were needed in politics, economics, and the law to build a new system oriented towards the market-type economy, which would again be stable, self-reinforcing and self-sustaining. Transition promoted the development of new states in Eastern Europe that conformed to the Copenhagen criteria for the EU accession. Were we too hasty in thinking that we had succeeded? The new systems are not returning to the previous one, and only in a few areas have the basic norms of a market-type economy been set aside in Hungary or Poland. But concerns arise at the interface between politics, law and economics – to do with the rule of law, the nature and role of the state, and the interactions between parliament, the executive and the judiciary. Unavoidably, there is also an interesting international dimension here, represented by the shift from the Warsaw Pact and CMEA to NATO and the EU. This paper explores these issues in the light of some of Kornai's recent analysis of developments in Hungary, while also drawing on his very insightful earlier works.

Protecting taxpayer information from the public protector – A ‘just cause’?

2020 ◽  
Vol 6 (2) ◽  
pp. 190-211
Author(s):  
Fareed Moosa
Keyword(s):  
Shock Waves ◽  
South African ◽  
Rule Of Law ◽  
Due Process ◽  
Criminal Sanction ◽  
Just Cause ◽  
The Rule Of Law ◽  
State Institutions ◽  
The Public ◽  
Gain Access

Under the Tax Administration Act, 2011 (TAA), taxpayers enjoy a right to privacy of information disclosed to the South African Revenue Service (SARS). This note shows that tax officials are obliged to protect the secrecy thereof. It is argued that the Commissioner for the SARS correctly resisted compliance with a subpoena issued by the Public Protector for access to the records of former President Jacob Zuma. If it acquiesced without objection, shock waves would have reverberated through South Africa’s tax community. It is contended that the Commissioner’s decision to maintain taxpayer secrecy under pain of a potential criminal sanction contributed to restoring some of the lost confidence and respect for the SARS which has, in recent times, endured reputational damage owing to internal squabbles which morphed into public scandals. This note hypothesises that CSARS v Public Protector is good authority for the proposition that governmental departments and state institutions not expressly mentioned in s 70 of the TAA do not have statutory rights of access to taxpayer information and must, to gain access, follow due process. This note argues that the judgment in casu is not only a victory for taxpayer rights but also for the rule of law.

Democratisation and Ethnic Minorities

2018 ◽  
pp. 40-60
Author(s):  
Wu-Ling Chong
Keyword(s):  
Ethnic Minorities ◽  
Rule Of Law ◽  
Electoral Politics ◽  
Democratic Politics ◽  
Cultural Identities ◽  
Cultural Environment ◽  
The Rule Of Law ◽  
State Institutions ◽  
Opening Up

This chapter discusses the democratisation process in post-Suharto Indonesia and the role of Chinese Indonesians in the democratisation process. The opening up of democratic politics in the post-Suharto era has offered opportunities for the Chinese to participate directly in electoral politics and run for public office. The relatively liberal socio-cultural environment also allows the Chinese openly to express their ethnic and cultural identities. However, the democratisation process has been marred by poor enforcement of the rule of law, the capture of state institutions and political parties by old and some new predatory interests, and rampant political thuggery. This allows some Chinese to continue gaining wealth through illegal or semi-legal means, and contributes to the continuing, if not growing, ambivalent attitude held towards Chinese Indonesians.

Secular Reasons for Confessional Religious Education in Public Schools

Daedalus ◽  
2020 ◽  
Vol 149 (3) ◽  
pp. 119-134
Author(s):  
Winfried Löffler
Keyword(s):  
Public Schools ◽  
Religious Education ◽  
Rule Of Law ◽  
Religious Communities ◽  
Religious Groups ◽  
The Rule Of Law ◽  
Opting Out ◽  
Cultural Importance ◽  
The Stability ◽  
School Curricula

The cultural importance of religion and its ambiguous potential effects on the stability of liberal democracy and the rule of law recommend including information about religions in public school curricula. In certain contexts, there are even good secular reasons to have this done by teachers approved by the religious communities for their respective groups of pupils, as is being practiced in various European states (with a possibility of opting out, with ethics as a substitute subject in some schools). Is this practice compatible with the religious neutrality of states? An illustrative analysis shows how suitable criteria for the admission of religious groups to offering religious education can block the objection of undue preference. Like any solution in this field, it is not immune to theoretical and practical problems.

Landslide Formation Mechanism and its Control Measures in Dabaolang

2014 ◽  
Vol 722 ◽  
pp. 419-422
Author(s):  
Peng Lv ◽  
Bao Yu Li ◽  
Yu Zhang ◽  
Yun Xun Zhang
Keyword(s):  
Prevention And Control ◽  
Evolutionary Process ◽  
Heavy Rain ◽  
Control Measures ◽  
Skid Resistance ◽  
Effective Prevention ◽  
Main Factors ◽  
Mechanism Of Landslide ◽  
The Stability ◽  
And Control

Through analyzing Dabaoliang geological characteristics, this paper discussed the factors of the mechanism of landslide in Dabaoliang area and simulated its evolutionary process. The paper could get some conclusions, and the factors of landslide are as follow: the stability of the slope which mainly composed by clastic rock not only depended on the performance of the mudstone layer but also the skid resistance of the sliding surface and the shape of slope. Under the influence of regional structure, the joint fissures which developed along the boundary of the landslide will connect the crack and benefit the permeation of the surface water. The heavy rain is one of the main factors caused the slope unstable and sliding. Provide effective prevention and control for prevention and control of projects.

scholarly journals Federal Democratic Republic of Nepal: An Assessment of the Rule of Law

2021 ◽  
Vol 21 ◽  
pp. 1-8
Author(s):  
Than Bahadur Chhetri
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
Democratic Republic ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
State Institutions ◽  
Independent Judiciary ◽  
The Government ◽  
High Level ◽  
Online Sources

The Rule of law, a set of principles of governance, apply to all individuals, organizations and the government itself. Democracy is a political system governed by the rule of law. No rule of law means no democratic future. This paper aims to assess the state of the rule of law under the new political setup, taking the rule of law as dependent variable and fundamental rights, corruption, open parliament and independent judiciary as independent variables. To measure the rule of law, necessary information was collected from printed and online sources. A federal democratic republic can grow healthy only when there exists the rule of law and efficient state institutions. The fundamental problems in strengthening the rule of law obstructed by the tendency of personalization and frequent intervention in state institutions, high level of corruption at policy level, poor legislative bill formulation, the controversial appointing process of the judges and the political dominations. The acceptance of international norms to address the justice and to promote human rights, adhering to the principle of inclusion and equality, maintaining transparency rule in the appointment in various constitutional bodies and keeping out of executive influence to maintain impartial and independent institutions can help in strengthening the rule of law. 

scholarly journals Features of Coordination Activities of Prosecuting Authorities of Ukraine in the Field of Combating Crime and Corruption

2021 ◽  
Vol 7 (5) ◽  
pp. 4001-4010
Author(s):  
Anton Voitenko ◽  
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Law Enforcement Agencies ◽  
High Quality ◽  
Public Authorities ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
And Control ◽  
Practical Recommendations

The article presents the substantiation of theoretical provisions and the development of practical recommendations for improving the coordination of prosecuting bodies of Ukraine in the field of combating crime and corruption based on studying the features of such coordination. It is proposed to understand the coordinative activity of prosecuting bodies as the direct activities of prosecutors to the organization of interaction between public authorities and the prospect of achieving the goal based on compliance with the rule of law. It is established that coordination of law enforcement agencies, including prosecuting authorities, in the context of combating crime and corruption should be based on the principles of the rule of law, legality, independence and equality of the subjects which carry out coordination activities, the obligation to implement measures to combat crime and control the implementation, systematic and complete use of various forms of coordination activities, publicity and openness in implementation of coordination measures, independence of bodies involved in decision-making, based on the results of coordination activities, the responsibility of heads of prosecuting bodies for the results of high-quality and timely coordination of measures to combat crime and corruption. It is proved that properly organized relations between the prosecuting bodies give grounds for increasing the effectiveness of the implemented measures in combating crime and corruption. It is suggested that the prospects for further research improve the administrative legislation governing the activities of the prosecuting authorities of Ukraine in combating corruption.

the wishes of the Government expressed in the form of legislation, or the extent to which it can interfere with the pursuit of those wishes. Until now it has been a commonplace of political thought that although the United Kingdom might not have a written constitution its unwritten constitution was nonetheless based on fundamental principles. Amongst these principles were the sovereignty of Parliament and the Rule of Law. The centrality within the United Kingdom constitution of the doctrine of Parliamentary sovereignty has traditionally meant that Parliament can make such law as it determines, but the validity of such an interpretation has been questioned by some. The justifications for such challenges to absolute Parliamentary sovereignty are based on the United Kingdom's membership of both the European Union and the Council of Europe with the implications of higher authorities than Parliament, in the former's legislation and the latter's endorsement of inalienable individual rights. As for the Rule of Law, although it is a notoriously amorphous concept, it has provided the courts with scope for challenging the actions of the executive and, indeed, to a more limited degree, the legislature. The mechanism through which the courts have previously exercised their burgeoning constitutional and, by definition, political role is judicial review by means of which they have asserted the right to subject the actions and operations of the executive to the gaze and control of the law in such a way as to prevent the executive from abusing its power. However, such power has been greatly extended by the enactment of the Human Rights Act (HRA) 1998. The Act only came into effect in October 2000 so the question remains as to how the courts will use the powers given to them under that Act. The remaining articles in this chapter will consider the wider political context within which the judiciary operate as well as focusing on the Rule of Law and the HRA 1998. In an article 'Law and democracy', published in the Spring 1995 edition of Public Law, Sir John Laws, Justice of the High Court, Queen's Bench Division, considered the appropriate role of judges within the constitution from the perspective of the judge (footnotes omitted).

2012 ◽  
pp. 54-65
Keyword(s):  
United Kingdom ◽  
Rule Of Law ◽  
The European Union ◽  
The Rule Of Law ◽  
Political Role ◽  
The United Kingdom ◽  
Parliamentary Sovereignty ◽  
The Government ◽  
The Right ◽  
And Control

scholarly journals Commerce, Religion, and the Rule of Law

2018 ◽  
Vol 6 (2-3) ◽  
pp. 213-235
Author(s):  
Nathan B. Oman
Keyword(s):  
Social Interactions ◽  
Rule Of Law ◽  
The State ◽  
Social Identities ◽  
Religious Communities ◽  
Legal Rights ◽  
The Rule Of Law ◽  
Formal Rule ◽  
And Control

The rule of law and religion can act as commercial substitutes. Both can create the trust required for material prosperity. The rule of law simplifies social interactions, turning people into formal legal agents and generating a map of society that the state can observe and control, thus credibly committing to the enforcement of the legal rights demanded by impersonal markets. Religion, in contrast, embraces complex social identities. Within these communities, economic actors can monitor and sanction misbehavior. Both approaches have benefits and problems. The rule of law allows for trade among strangers, fostering peaceful pluralism. However, law breeds what Montesquieu called “a certain feeling for exact justice” that crowds out deeper forms of relation. Religious commerce fosters precisely such communities. Religious commerce, however, does not create bridges between strangers as effectively as the formal rule of law. Furthermore, the state tends to be suspicious of tight religious communities, particularly when they are commercially successful.

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