Nurturing Constitutional Culture of India around 'Rule of Law'

2009 ◽  
Author(s):  
Prayas Dansana
Author(s):  
Nikolai G. Wenzel

AbstractSince 1789, France has had 21 constitutional regimes. This paper explains French constitutional instability through the optic of “constitutional culture” – the norms, attitudes, and beliefs, conscious and unconscious, held by a dominant portion of the French people about the nature, scope and function of constitutional constraints. French constitutional culture has historically been torn between a desire for a strong and effective state, and an obsessive veneration of democracy. This paper argues that France’s constitutional instability between 1789 and the constitution of 1958 was a series of swings between plebiscitarianism and caesarism, caused by the influences of Rousseau and Descartes. Problems remain, especially the risks of an unconstrained “hyperpresidentialism” and undue power to the street’s ability to bully the rule of law into continued rents. But the Fifth Republic has been successful because it balanced the tensions through a semi-presidential system: the plebiscitarianism of parliamentary democracy, along with the caesarism of a strong presidency.


IEE Review ◽  
1989 ◽  
Vol 35 (6) ◽  
pp. 218
Author(s):  
Clifford Gray
Keyword(s):  

IEE Review ◽  
1989 ◽  
Vol 35 (1) ◽  
pp. 24
Author(s):  
H. Aspden
Keyword(s):  

2012 ◽  
pp. 30-51 ◽  
Author(s):  
T. Natkhov ◽  
L. Polishchuk

Law and public administration schools in Russia vastly exceed in their popularity sciences and engineering. We relate such lopsided demand for higher education to the quality of institutions setting “rules of the game” in economy and society. Cross-country and Russian interregional data indicate the quality of institutions (rule of law, protection of property rights etc.) is negatively associated with the demand for education in law, and positively — in sciences and engineering. More gifted younger people are particularly sensitive to the quality of institutions in choosing their fields of study, and such selection is an important transmission channel between institutions and economic growth.


1970 ◽  
Vol 1 (2) ◽  
pp. 34-36
Author(s):  
Mehedi Imam

In Bangladesh, demand for judicial independence in practice has been a much debated issue and the demand is fulfilled but expectation of people is not only limited to have an independent judiciary but to have an impartial system and cadre of people, which will administer justice rationally being free from fear or force. The independence of judiciary and the impartial judicial practice are related concepts, one cannot sustain without the other and here existence as well as the need of practicing impartiality is well recognized. But the art of practicing impartiality does not develop overnight as it’s related to development of one’s attitude. It takes a considerable time resulting from understanding, appreciating and acknowledging the moral values, ethics and professional responsibility. The judiciary includes Judges, Advocates mostly who are expected to demonstrate a high level of moral values and impartiality towards people seeking justice and ‘rule of law’. This is true that bench officers and clerks are also part of the process to ensure rule of law with same level of participation by the law enforcing agencies such as police. However the paper includes only those who either join judiciary as Judge/Magistrate or Advocate to explore level and extent of ethical knowledge they receive being key role players of the system. DOI: http://dx.doi.org/10.3329/bioethics.v1i2.9628 Bangladesh Journal of Bioethics 2010; 1(2): 34-36


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