scholarly journals Legislators and Religious-Based Reasoning

2013 ◽  
Vol 21 (2) ◽  
pp. 1
Author(s):  
Diana Ginn ◽  
David Blaikie ◽  
Micah Goldstein
Keyword(s):  
Political Theory ◽  
Rule Of Law ◽  
Political Candidates ◽  
The Rule Of Law ◽  
Liberal Democratic ◽  
Political Campaigning ◽  
Parliamentary Debate ◽  
Long Time ◽  
Liberal Democratic Society ◽  
Government Initiative

In a secular, multicultural, liberal democratic society founded on the rule of law, is it appropriate for legislators (or political candidates) to refer to religious beliefs or texts when discussing a government initiative or urging action on a particular issue? Such references might be used for various purposes: to explain the speakers’ own beliefs; to emphasize that an issue has been around for a long time and therefore should be taken seriously; to elucidate historical influences on a particular law; or to give weight to a particular argument by buttressing it with religious authority. In Canada today, do ethics, law, or political theory offer persuasive reasons to limit any such references to religion in parliamentary debate or political campaigning?

scholarly journals The New Wars: Terrorism and “Asymmetric” Warfare

2021 ◽  
Vol 30 (4) ◽  
pp. 93-108
Author(s):  
Alexander Treiblmaier
Keyword(s):  
Rule Of Law ◽  
Legal Status ◽  
National Defense ◽  
Terrorist Organizations ◽  
The Rule Of Law ◽  
Asymmetric Warfare ◽  
New Wars ◽  
Terrorist Groups ◽  
Long Time ◽  
Rules And Principles

The term “new wars” is often used to describe how terrorist groups achieve objectives in addition to the “classic” means of intervention by states. Terrorist organizations use asymmetric methods of warfare to target the weaknesses of Western states. Consequently, conventional wars have also changed into hybrid wars. The legal status of terrorist organizations is a major problem for the rule of law. In responding to terrorist attacks, the distinction between crime and terrorism is difficult. The “war on terror” is governed by different rules and principles and is extremely difficult to wage. Conflicts last a long time and victory against terrorism is rarely possible due to the networked structure of terrorist organizations and the way they intermingle with the population. In addition to an alliance-wide approach, there is a national solution to answer these new threats in form of the comprehensive national defense in Austria.

Dreaming of a Meritocracy, Grappling with Reality

2019 ◽  
pp. 224-267
Author(s):  
Aaron Stalnaker
Keyword(s):  
Political Theory ◽  
Rule Of Law ◽  
Political Thought ◽  
The Rule Of Law ◽  
Extreme Difference ◽  
Chinese Political Thought

This chapter examines early Confucian political theory, and argues that they were well aware of both the potentials and pitfalls of politics. This is most visible in their prescriptions about the cultivation, discipline, and employment of elites for the greater benefit of society. Mèngzǐ and Xúnzǐ dreamed of a perfect meritocracy where the wise are recognized, given power, and rule benevolently, overseen and selected by a sage king. This vision led to the persistent utopianism that Metzger and Angle criticize in later Chinese political thought. But Mèngzǐ and Xúnzǐ were also vividly aware of the extreme difference between actual conditions and their meritocratic dream, and developed a number of thoughtful responses to the failures of existing politics. These ideas form a philosophy of elite cultivation and discipline that analyzes the “rule by people” necessary to complement and implement the “rule of law.”

Legal indeterminacy and authoritarianism: Notes on William Scheuerman’s The End of Law

2020 ◽  
pp. 019145372097472
Author(s):  
Peter Caldwell
Keyword(s):  
Political Theory ◽  
Rule Of Law ◽  
German Law ◽  
National Socialist ◽  
The Rule Of Law ◽  
The Past ◽  
Principles Of Justice ◽  
Key Questions

Scheuerman’s book is one of the handful of significant attempts to rethink Schmitt’s work systematically over the past four decades. In so doing, he raises three key questions for me. First, is Schmitt’s work a sincere contribution to legal and political theory, or an attempt to argue for setting the rule of law aside for authoritarianism, that is, an instrumental critique of indeterminacy? Second, to what extent is Schmitt – critical of the ‘bourgeois’ rule of law, critical of globalization – really a thinker defending capitalism? Can he really be associated with the Ordoliberals (even if they adopted his arguments from 1931 to 1932 in their own writing of the time)? Third, to what extent were Schmitt’s early contributions to National Socialist law aimed at responding to legal indeterminacy, and to what extent did they in fact point towards a radicalism of German law within the Nazi system, especially insofar as they endorsed making decisions based on the principles of justice of the Nazi state – and potentially against the express language of statutes?

Global Legal Pluralism and the Rule of Law

2020 ◽  
pp. 363-382
Author(s):  
David Lefkowitz
Keyword(s):  
Political Theory ◽  
Rule Of Law ◽  
Legal Pluralism ◽  
Legal Order ◽  
Individual Autonomy ◽  
The Rule Of Law ◽  
Regulatory Regimes ◽  
Legal Subjects ◽  
The Ideal

A vibrant debate has recently emerged among legal theorists regarding the desirability of legal pluralism: the existence of distinct regulatory regimes that make overlapping claims to authority. While Monists maintain that we should strive to forge a unitary legal order, Normative Legal Pluralists favour an approach that seeks to manage legal plurality without eliminating it. This chapter critically evaluates a common argument Monists level against Normative Legal Pluralism, namely that it conflicts with fidelity to the ideal of the rule of law.Advocates of Normative Legal Pluralism employ three strategies to respond to their rule-of-law critics. First, they attempt to show that a plural legal order fares no worse than a unitary one when measured against the standard of providing legal subjects with certainty and predictability. Second, they argue that increases in tolerance, or respect for the exercise of communal and individual autonomy, warrant whatever diminution in the rule of law Normative Legal Pluralism produces. Finally, they invoke an account of law’s distinctive normativity informed by sociolegal jurisprudence and constructivist political theory to disarm rule of law objections to normative legal pluralism, either by contesting the premises on which they rest or by providing reasons to conclude that the critics’ worries are seriously overdrawn. While the first two strategies fail, the critics underestimate or simply fail to notice Normative Legal Pluralists’ ability to leverage their conception of law’s legitimacy to address rule of law concerns.

scholarly journals La primauté du droit : la situation des immigrants et des réfugiés en droit canadien au regard des Chartes et des textes internationaux

2005 ◽  
Vol 28 (3) ◽  
pp. 585-624 ◽  
Author(s):  
Christian Brunelle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
Legal Protection ◽  
The Rule Of Law ◽  
Immigrants And Refugees ◽  
Long Time ◽  
International Obligations ◽  
The Impact ◽  
Discretionary Powers

The « rule of law » which for a long time was considered as an unwritten part of the Constitution now enjoys full constitutional status. Its enshrining in the preamble of the Canadian Charter sheds considerable light on the manner in which the rights and freedoms of the Charter should be perceived. The author opens his discussion by examining the impact that the constitutionalization of the « rule of law » has had on immigrants and refugees in Canada. As the Immigration Act of 1976 confers numerous discretionary powers which could result in their abusive use, the author analyses how the Human Rights charters applicable in Canada and in Quebec can insure the legal protection of immigrants and refugees. In the second part of his study, the author discusses the principal international texts ratified by Canada which have as their purpose the protection of the rights of immigrants and refugees. As international law is not « self-enforcing » in Canada, the author shows how the internal legal community conforms to the international obligations contracted by Canada.

scholarly journals Penyelesaian Tunggakan Kredit Ringan Dikaitkan Dengan Prinsip Kehati-Hatian Bank

2018 ◽  
Vol 2 (2) ◽  
pp. 247-257
Author(s):  
Lisa Ade Justicia ◽  
Darmawan Darmawan ◽  
Teuku Muttaqin Mansur
Keyword(s):  
Research Methods ◽  
Rule Of Law ◽  
Social Reality ◽  
Legal Action ◽  
The Rule Of Law ◽  
Savings Bank ◽  
Long Time

Penelitian ini bertujuan untuk mengetahui penerapan prinsip kehati-hatian pada pelaksanaan perjanjian kredit ringan di PT. Bank Tabungan Negara (Persero) Tbk mengetahui faktor penyebab terjadinya kredit macet pada kredit ringan di PT. Bank Tabungan Negara (Persero) Tbk serta untuk mengetahui penyelesaian yang ditempuh oleh PT. Bank Tabungan Negara (Persero)Tbk atas kredit ringan yang macet. Penelitian ini menggunakan metode penelitian yuridis empiris. Dimana hukum dilihat sebagai norma dan juga sebagai kenyataan sosial. Hal ini diperlukan dengan adanya pertimbangan untuk suatu aturan hukum yang berlaku dalam praktek dengan mewawancarai beberapa informan dan responden. Hasil penelitian menunjukkan bahwa kredit ringan tidak hanya dapat diambil oleh nasabah debitor yang mempunyai payroll di Bank BTN, namun juga berlaku nonpayroll. Kredit ringan tidak mengharuskan nasabahnya menyerahkan suatu objek untuk dijadikan jaminan. Oleh karena itu penyelesaian tunggakan kredit ini bisa saja membutuhkan waktu yang lama dalam penyelesaiannya karena memerlukan beberapa pertimbangan dan tindakan hukum agar nasabah debitor kembali membayar angsuran tepat waktu bahkan melunasinya. This study aimed to determine the application of prudential principles in the implementation of the Kredit Ringan agreement in PT. Bank Tabungan Negara (Persero) Tbk, the cause of bad credit and settlement pursued by PT. State Savings Bank (Persero) Tbk on Kredit Ringan that stalled. This study used empirical juridical research methods, where law is seen as a norm and as a social reality. This was necessary with consideration of the rule of law applicable in practice by interviewing some informants and respondents. The result of the research showed that not only the debtor customers who have payroll in BTN Bank are allowed to take Kredit Ringan, but this also applies to non-payroll customers.Kredit Ringan does not require its customers submit an object to be collateralized. Therefore, the settlement of credit arrears may take a long time because it requires some consideration and legal action for the borrower's customers to pay back the installment on time and even pay it off.

scholarly journals The Rule of Law and Its Development: A Bird Eye View

2018 ◽  
Vol 1 (1) ◽  
pp. 1-5
Author(s):  
Ram Kishna Timilsena
Keyword(s):  
Rule Of Law ◽  
Constitutional Development ◽  
The Rule Of Law ◽  
Liberal Democratic ◽  
The World ◽  
Anglo American

The paper highlights the origin of rule of law and its development around the world in the context of present liberal democratic framework. The paper discusses rule of law from its international to national perspectives with special emphasis on supremacy of law. Rule of law has not been analyzed from Anglo-American purview in the article, but this article also discusses on German and Japanese perspectives. It takes notes on latest constitutional development of Nepal as well.

scholarly journals The “Debate” about Poland

Politeja ◽  
2019 ◽  
Vol 16 (6(63)) ◽  
pp. 215-225
Author(s):  
Jessica Sofizade
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Parliamentary Debate ◽  
Linguistic Methods ◽  
The Eu

This paper examines two speeches made by Janusz Lewandowski and Ryszard Antoni Legutko in the European Parliamentary debate entitled “The situationof the rule of law and democracy in Poland” on 15/11/2017.  In particular, it analyses their representations of Poland and the EU, and aims to determine whether they can be considered as “populist” according to J.-W. Müller’s criteria of populism. It is suggested that Legutko’s speech can be labelled populist according to Müller’s criteria, whilst Lewandowski does not face this charge to the same extent, even though his speech uses similar linguistic methods.

Legal gaslighting

2021 ◽  
Author(s):  
Alvin Y.H. Cheung
Keyword(s):  
Rule Of Law ◽  
Best Practice ◽  
Authoritarian Regime ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Reforms ◽  
Liberal Democratic ◽  
International Audience ◽  
Democratic Norms ◽  
Do So

Suppose that an authoritarian regime wants to make changes to legal norms or institutions to consolidate its hold on political power. Suppose further that the regime in question cannot simply ignore the domestic or international costs of doing so, and that it has an interest in responding to critiques of these changes based on liberal democratic norms and the rule of law. How can it do so? One possible approach is to sow confusion and undermine the normative standards themselves – in effect, to ‘gaslight’ the domestic or international audience (or both). To that end, a regime might assert that the change it proposes resembles a ‘best practice’ from one or more other jurisdictions. Such emulation need not be thorough, or even sincere; it may suffice simply to assert that a proposed change resembles that in a jurisdiction with ironclad rule-of-law credentials. The changes being adopted may bear no real resemblance to the ‘comparators’ on closer examination. Alternatively, the measures being adopted may be similar on their face, but operate in such a different context that they end up serving a very different function to the function they perform in the comparator jurisdiction. Such gaslighting need not succeed in deceiving outsiders or subjects; undermining the standards by which legal reforms are measured, sowing confusion, or providing a superficial pretext for inaction may be sufficient.

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