scholarly journals Formation’s Principles of the Judiciary of Ukraine

2021 ◽  
Vol 7 (6) ◽  
pp. 1001-1009
Author(s):  
Vitaliy Hudyma
Keyword(s):  
Rule Of Law ◽  
Professional Competence ◽  
Political Influence ◽  
The Political ◽  
Law And Order ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Supreme Council ◽  
The Status ◽  
Definition Of

The article reveals and researches the basic principles of the formation of the judiciary in Ukraine. It is established that judicial corps should be understood as an appropriate number of civil servants who hold the relevant positions as judges in the judicial bodies of Ukraine. It has been proved that judges make universally binding decisions, which determine, for example, other processes of maintaining law and order in the state. It is determined that the legislation lacks a clear definition of the term “judiciary” and lacks the primary grounds and principles by which the process of formation of the judicial corps in Ukraine should take place. It is established that the principles of formation of the judiciary in Ukraine should be based on the requirements for candidates for the position of judges, which are defined by Article 69, “Requirements for candidates for the position of the judge” of the Law of Ukraine “On Judiciary and the Status of Judges”. It is proved that one of the components of the procedure for the formation of the judiciary in Ukraine is the qualification assessment of candidates for the position of judges. It was found out that the qualification assessment of judges by the criterion of professional competence should be based on the principle of specialization and instance. It is established that the main principles based on which the appointment of judges-candidates for the positions of members of the Supreme Council of Justice are: the principle of the rule of law; the principle of professionalism; the principle of publicity; the principle of political neutrality. It is determined that one of the critical principles of formation of the judiciary in Ukraine should be the principle of non-political influence, namely its essence is revealed in the fact that entities that will participate both directly and indirectly in the formation of the judiciary should not, in any case, have any relation to the political sphere. It is noted that the prospects for further research in this area are the study of the holistic system and features of the formation of the judiciary in Ukraine.

The political economy of insecure property rights: insights from the Kingdom of Sicily

2019 ◽  
Vol 16 (2) ◽  
pp. 233-249 ◽  
Author(s):  
Rosolino A. Candela
Keyword(s):  
Political Economy ◽  
Property Rights ◽  
State Formation ◽  
Rule Of Law ◽  
The Political ◽  
Market Exchange ◽  
Credible Commitment ◽  
The Rule Of Law ◽  
Definition Of ◽  
The 19Th Century

AbstractHow did the evolution of the rule of law become stunted in Sicily during the 19th century? The work of economist Yoram Barzel, particularly his property-rights approach to understanding the political economy of state formation, is uniquely suited to understanding the failure of Italy's unification process to secure the rule of law in Sicily during the 19th century. This failure can be explained by a lack of a credible commitment to the rule of law in the state formation process. I argue that this lack of credible commitment manifested itself in the abolition of previously existing parliamentary institutions as an independent collective action mechanism, as well as prior constitutional agreements that existed in the Kingdom of Sicily. The resulting uncertainty over the security and legal definition of property rights over land raised the transaction costs of competing for resources through productive specialization and market exchange. In turn, it reduced the relative costs of competition for land ownership and the use of enforcement through other means, such as rent seeking or organized crime.

Plato's lawcode in context: rule by written law in Athens and Magnesia

1999 ◽  
Vol 49 (1) ◽  
pp. 100-122 ◽  
Author(s):  
Andrea Wilson Nightingale
Keyword(s):  
Rule Of Law ◽  
Fourth Century ◽  
The Political ◽  
Medical Texts ◽  
Philosophical Discussion ◽  
The Rule Of Law ◽  
Political Ideologies ◽  
Textual Practices ◽  
The Status ◽  
Written Law

Perhaps more than any other dialogue, Plato's Laws demands a reading that is at once historical and philosophical. This text's conception of the ‘rule of law’ is best understood in its contemporary socio-political context; its philosophical discussion of this topic, in fact, can be firmly located in the political ideologies and institutions of fourth-century Greece. In this paper, I want to focus on the written lawcode created in the Laws in the context of the Athenian conception and practice of rule by written law. How are the Athenian laws authorized, disseminated, and implemented, and how does Plato's lawcode reflect and/or depart from this model? What is the status of the ‘text’ of each lawcode? How—and how well—do the citizens know the law? When and by whom can the lawcode be altered? Recent work on literacy and on rule by written law in fourth-century Athens invites a serious reconsideration of Plato's lawcode and the polity it is designed for. Certainly Plato's Laws is grounded in a serious meditation on Athenian legislative practices. But Plato adds a novel ingredient to his legislation—the ‘Egyptian’ practice of ‘doing things by the book’ exemplified by (among other things) the institution of laws which compel doctors to treat patients in strict accordance with venerable and, indeed, sacred medical texts. As I will argue, the ‘Egyptian’ medical and textual practices offer a model for the rule of law quite different from that found in Athens.

Corruption as Political Decay

2020 ◽  
pp. 13-42
Author(s):  
Camila Vergara
Keyword(s):  
Rule Of Law ◽  
Socioeconomic Inequality ◽  
Political Influence ◽  
Political Corruption ◽  
Political Regimes ◽  
Normal Functioning ◽  
The Rule Of Law ◽  
The One ◽  
Definition Of ◽  
Systemic Corruption

This chapter begins by providing a diagnosis for the crisis of democracy based on systemic corruption. After reconstructing from the works of Plato, Aristotle, Polybius, and Niccolò Machiavelli, a notion of systemic political corruption particular to popular governments, it reviews recent neorepublican and institutionalist attempts at redefining political corruption within the current political regimes. It also underscores the lack of a proper conception of systemic corruption comparable in sophistication to the one offered by ancient and modern philosophers due to the inability to account for the role that procedures and institutions play in fostering corruption through their normal functioning. The chapter proposes a definition of systemic corruption as the oligarchization of power transpiring within a general respect for the rule of law. It describes the conception of corruption that appears as intrinsically connected to increasing socioeconomic inequality, which enables the inequality of political influence and drift toward oligarchic democracy.

scholarly journals ROK 1956 W POLSCE – DYSKUSJE PRAWNIKÓW O SĄDACH, PROKURATURACH I PRAWIE KARNYM

2016 ◽  
Vol 11 (4) ◽  
pp. 307
Author(s):  
Diana Maksimiuk
Keyword(s):  
Rule Of Law ◽  
Freedom Of Speech ◽  
New Age ◽  
The Political ◽  
The Rule Of Law ◽  
The Past ◽  
The Status ◽  
Future Situation ◽  
History Of ◽  
Political Conditions

The Year 1956 in Poland – Lawyers’ Discussions aboutbJustice, Public Prosecutors’ Offices and Criminal LawSummary The year 1956 was frequently described as a “breakthrough” in the postwar history of Poland and constituted the end of the Stalin’s epoch. The change of the political conditions which took place during that time, as well as accompanying freedom of speech, created unlimited opportunity to criticise that period. In deliberation of the state of Poland the debate about the issue of the justice has been also led. The law society which participated actively in those events was aimed mainly at restoring the rule of law and reconstructing the justice’s authority. Definitely, the most important matter under discussion was to deal with the past. Criticism and even self-critical opinions occured together with proposals concerning the future situation. Among so many solutions which have been presented by lawyers, the most noticeable was the tendency to bring the status of prewar law back. Although this returing was not achieved, in consequence of that debate the transformation which symbolised new age was introduced.

scholarly journals Political Parties and the Rule of Law, Kosovo’s Perspective

2017 ◽  
Vol 5 (8) ◽  
pp. 44
Author(s):  
Luz Balaj ◽  
Florent Muçaj
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
Political Life ◽  
The Political ◽  
Law And Order ◽  
The Rule Of Law ◽  
Scientific Analysis ◽  
The Reformation ◽  
General Scientific

The role of political parties in increasing the capacities for the rule of law and the internal development of political parties, are two issues among several ones discussed in this analysis. The reformation of political parties from nationwide movements in structured political parties was and remains a very little analyzed process. The developments in Kosovo and the solution of its final status have distracted the political parties from having the dedication towards many vital issues, such as rule of law, their internal reformation. In the end I have analyzed another issue which appears as an obstacle for substantial reforms of political parties, which is the lack of constitutional control for political parties’ programs and their way of functioning.The treatment of the organization of political life, focusing on the role of political parties and their dedication for law and order, is undoubtedly a substantial and analytical innovation, important for the political parties themselves. Having a look in general scientific analysis for political parties not only within Kosovo, we can understand that studies that treat certain segments of political parties, especially their platforms, are quite late.

scholarly journals PARTAI POLITIK DAN LEMBAGA SWADAYA MASYARAKAT EKSISTENSI DAN PENGARUHNYA DALAM PEMBUATAN HUKUM

PERSPEKTIF ◽  
2016 ◽  
Vol 2 (1) ◽  
Author(s):  
Sri Istiawati
Keyword(s):  
Rule Of Law ◽  
Political Influence ◽  
Reciprocal Relationship ◽  
The Political ◽  
Cultural Economic ◽  
The Rule Of Law ◽  
Economic Information ◽  
Political Intervention ◽  
The Law ◽  
The Concept Of Law

The concept of law as the rule of law does not appear suddenly but rather the result of the development of the reciprocal relationship between law and society itself. The law is not pure and clean from the various influences and interests that exist in the community either that of the political, social, cultural, economic, information and technology. Political influence is a very important factor, because the political intervention of the law is very dominant. This happens because of the political problems can not be divorced from the separate legal policy (Legal Police).

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

Cicero and Milo

1974 ◽  
Vol 64 ◽  
pp. 62-78 ◽  
Author(s):  
A. W. Lintott
Keyword(s):  
Civil War ◽  
Rule Of Law ◽  
The State ◽  
The Political ◽  
New Era ◽  
The Rule Of Law ◽  
Political Position ◽  
The Republic ◽  
Political Realignment ◽  
Political Scene

The battle of Bovillae on 18th January, 52 B.C., which led to Clodius' death, was literally treated by Cicero in a letter to Atticus as the beginning of a new era—he dated the letter by it, although over a year had elapsed. It is difficult to exaggerate the relief it afforded him from fear and humiliation for a few precious years before civil war put him once more in jeopardy. At one stroke Cicero lost his chief inimicus and the Republic lost a hostis and pestis. Moreover, the turmoil led to a political realignment for which Cicero had been striving for the last ten years—a reconciliation between the boni and Pompey, as a result of which Pompey was commissioned to put the state to rights. Cicero's behaviour in this context, especially his return to the centre of the political scene, is, one would have thought, of capital importance to the biographer of Cicero. Yet two recent English biographies have but briefly touched on the topic. It is true that, in the background of Cicero's personal drama, Caesar and Pompey were taking up positions which, as events turned out, would lead to the collapse of the Republic. However, Cicero and Milo were not to know this, nor were their opponents; friendly cooperation between the two super-politicians apparently was continuing. Politicians on all sides were still aiming to secure power and honour through the traditional Republican magistracies, and in this pursuit were prepared to use the odd mixture of violence, bribery and insistence on the strict letter of the constitution, which was becoming a popular recipe. In retrospect their obsession with the customary organs of power has a certain irony. Yet it is a testimony to the political atmosphere then. Their manoeuvres are also important because both the instability caused by the violence of Clodius and Milo, and the eventual confidence in the rule of law established under Pompey's protection, helped to determine the political position of the boni associated with Pompey in 49 B.C. Cicero's relationship with Milo is at first sight one of the more puzzling aspects of his career. What had they in common, except that Milo, like most late Republican politicians, was at one time associated with Pompey? Properly interpreted, however, this relationship may not only illuminate Cicero's own attitudes but illustrate the character of the last years of Republican politics.

Migration, law, democracy: identifiyng where the risk is

2009 ◽  
pp. 139-150
Author(s):  
Javier de Lucas
Keyword(s):  
Rule Of Law ◽  
Point Of View ◽  
Risk Society ◽  
Structural Factors ◽  
The Rule Of Law ◽  
Poor Countries ◽  
Definition Of ◽  
Sans Papiers ◽  
Migratory Movements ◽  
Migration Law

- This paper focuses on migration, law and democracy in order to identify where risk lies. The author concentrates on studying a recent case, the Directive on the Return of so-called illegal immigrants (sans papiers) approved by the European Parliament on 18 June 2008. The usual point of view, that of the dominant discourse, maintains that today's migratory movements constitute one of the structural factors that justify the definition of our societies as the "Risk Society". According to this point of view, the migratory flows entail a risk for social cohesion and even a destabilising potential for both democracy and the rule of law. The risk is illustrated by the menacing image of invasion threatening at our doors, hence the classical argument of the "demographic bomb" as the resource of poor countries. The author's thesis sustains that it is precisely our responses, in the form of migratory policy tools, that constitute a risk factor. Some of these tools, including this Directive, have become destabilising elements of the rules of the game and, moreover, of the values of the rule of law and of democracy.

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