scholarly journals Procedural fairness and the legitimacy of laws in Hungary: An empirical analysis

Sociologija ◽  
2015 ◽  
Vol 57 (4) ◽  
pp. 662-682 ◽  
Author(s):  
Zsolt Boda ◽  
Gergő Medve-Bálint
Keyword(s):  
Rule Of Law ◽  
Political Institutions ◽  
Procedural Fairness ◽  
Conservative Party ◽  
Policy Reforms ◽  
The Rule Of Law ◽  
Economic Problems ◽  
The Government ◽  
Legitimacy Beliefs

The 2010 election in Hungary resulted in the victory of Fidesz, a conservative party which acquired a comfortable majority in the parliament and used it to initiate a number of important policy reforms. However, there are good reasons to think that both the way these reforms were adopted and their content violated a number of procedural fairness norms, such as participation in decision making and even some aspects of the rule of law. According to David Beetham, Tom Tyler and others, legitimacy is dependent on moral evaluations concerning the ruling power, and among those evaluations, perceptions of the procedural fairness being exercised by the authorities are of a crucial importance. If the theory holds, then the legitimacy of Fidesz?s rule would have eroded over the years, and indeed this is what happened, by 2012 trust in the government and in political institutions has dropped to the levels seen before the 2010 elections. But since economic problems have persisted, we cannot say whether this drop was caused by discontent with governmental performance or procedural fairness or both. Our research aims at investigating the role of procedural fairness in the formation of legitimacy beliefs. Our preliminary analysis suggest that moral evaluations and, more particularly, procedural fairness expectations do have an effect on people?s legitimacy believes in the Hungarian context as well.

20. Human Rights IV: The Human Rights Act 1998

2018 ◽  
Author(s):  
Ian Loveland
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Conservative Party ◽  
New Labour ◽  
The Rule Of Law ◽  
The Core ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Government

This chapter discusses the main provisions of the Human Rights Act 1998 (HRA) and considers its implications for the understandings attached to the core constitutional principles of parliamentary sovereignty, the rule of law, and the separation of power. It argues that the Blair government’s rapid and determined efforts to convince Parliament to pass the HRA demonstrates that members of the first New Labour administration did not share the simplistic view of democracy embraced by the Conservative Party during the judicial supremacism episode. The 1998 Act may be criticised on the basis that it transfers a dangerous amount of political power from the government to the judges, but the sentiments evinced by many Conservative MPs on this issue had little to commend them from a constitutional perspective.

The Phantom Wahhabi: Liberalism and the Muslim fanatic in mid-Victorian India

2012 ◽  
Vol 47 (1) ◽  
pp. 22-52 ◽  
Author(s):  
JULIA STEPHENS
Keyword(s):  
Rule Of Law ◽  
Public Security ◽  
The Rule Of Law ◽  
Police Powers ◽  
Executive Authority ◽  
British Colonial ◽  
The Government ◽  
Colonial Government ◽  
Anglo Indian

AbstractIn the late 1860s and early 1870s the British colonial government in India suppressed an imagined Wahhabi conspiracy, which it portrayed as a profound threat to imperial security. The detention and trial of Amir and Hashmadad Khan—popularly known as the Great Wahhabi Case—was the most controversial of a series of public trials of suspected Wahhabis. The government justified extra-judicial arrests and detentions as being crucial to protect the empire from anti-colonial rebels inspired by fanatical religious beliefs. The government's case against the Khan brothers, however, was exceptionally weak. Their ongoing detention sparked a sustained public debate about the balance between executive authority and the rule of law. In newspapers and pamphlets published in India and Britain, Indian journalists and Anglo-Indian lawyers argued that arbitrary police powers posed a greater threat to public security than religious fanatics. In doing so, they embraced a language of liberalism which emphasized the rule of law and asserted the role of public opinion as a check on government despotism. Debates about the Great Wahhabi Case demonstrate the ongoing contest between authoritarian and liberal strands of imperial ideology, even at the height of the panic over the intertwined threat of Indian sedition and fanatical Islam.

Contrasting Emission Trading in the eu and China: An Exploration of the Role of the Courts

Climate Law ◽  
2016 ◽  
Vol 6 (1-2) ◽  
pp. 197-226 ◽  
Author(s):  
Marjan Peeters ◽  
Huizhen Chen ◽  
Zhiping Li
Keyword(s):  
Rule Of Law ◽  
Large Body ◽  
Emission Trading ◽  
Emission Trading Scheme ◽  
Court System ◽  
Governance System ◽  
The Rule Of Law ◽  
The Government ◽  
Trading Scheme

China and the eu have both engaged in formulating climate laws in order to contribute to a global reduction of greenhouse gas emissions. The focus of both is on emission trading. This instrument is designed and implemented according to very different political and legal systems in China and the eu. The rule of law in the eu is understood to mean that access to the judicial system for those affected by the emission-trading scheme is crucial. This can be illustrated by the emergence of a large body of case law on the issue. China, by contrast, is still in the process of building a governance system based on the rule of law, and thereby faces the challenge of setting up a court system that will act independently of a powerful government. While in the eu industries may launch a legal action in order to acquire a more profitable position on the allocation of emission allowances, in China it is still an open question whether industries covered by the emission-trading scheme will be permitted to take their case to court. How does this difference affect the functioning of the instrument in the two jurisdictions? In the eu, so far, the environmental effectiveness of the emission-trading scheme does not appear to have been negatively impacted by court proceedings initiated by industry. While the powerful role of the government in environmental protection in China could be valuable for the achievement of environmental aims, weak judicial control of governmental action could mean either a strict implementation of emission reductions or a lenient approach that tolerates a flexible, less ambitious, implementation.

scholarly journals Saving the soul of an African constitution: Learning from Kenya's experience with constitutionalism during COVID-19

2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Nkatha Kabira ◽  
Robert Kibugi
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Other ◽  
Policy Reforms ◽  
Governance Framework ◽  
The Rule Of Law ◽  
The Government ◽  
The One ◽  
A Site

On 27 August 2010 Kenyans celebrated the promulgation of a new Constitution. This Constitution aimed at fundamentally transforming the governance framework through far-reaching institutional, administrative, legal and policy reforms. Ten years later this Constitution was put to the test when the government of Kenya reported the first COVID-19 case. In this article the authors argue that even though Kenya put in place a transformative Constitution intended to consolidate the rule of law, democracy, human rights and governance, the government's response to the COVID-19 pandemic questioned the transformative character of the Constitution and exposed inherent contradictions embodied in the Constitution. The article demonstrates that the Constitution is a double-edged sword, a site of tension and contradiction, on the one hand, and a site of hope and transformation, on the other.

Governance quality and economic growth in Sub-Saharan Africa: the dynamic panel model

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Amsalu Bedemo Beyene
Keyword(s):  
Economic Growth ◽  
Rule Of Law ◽  
African Countries ◽  
Content Type ◽  
Government Effectiveness ◽  
The Rule Of Law ◽  
Governance Quality ◽  
Sub Saharan ◽  
The Government

PurposeThe main objective of this article is to analyze the role of governance quality in influencing the economic growth of 22 selected Sub-Saharan African Countries.Design/methodology/approachThe study applied the panel dynamic Generalized Method of Moments (GMM) to analyze the data obtained from the World Bank database over the period from 2002 to 2020.FindingsThe overall finding indicated that the composite governance index has a positive significant effect on the economic growth of the countries; where a unit improvement in the aggregate governance index leads to a 3.05% increase in GDP. The disaggregated result has shown that corruption control and government effectiveness have a negative significant effect on growth performance, whereas, the rule of law and regulatory quality showed a positive significant effect. Political stability and voice and accountability have an insignificant effect on economic growth.Research limitations/implicationsDue to data limitations, this study could not address the whole members of Sub Sahara African Countries and could not see the causal relationship.Practical implicationsThe study suggested a strong commitment to the implementation of policy and reform measures on all governance factors. This may add to the need to devise participatory corruption control mechanisms; to closely look at the proper implementation of policies and reforms that constitute the government effectiveness factors, and properly implement the rule of law at all levels of the government with a strong commitment to realizing it so that citizens at all levels can have full confidence in and abide by the rules of society.Originality/valueEven though there are some studies conducted using conventional methods of panel data analysis such as random effect or fixed effects, this empirical study used more advanced panel dynamic generalized moment of methods to examine the role of improvement in governance quality on economic growth.

scholarly journals Law compliance and enforcement in doing business to follow the rule of law in the market economy of Viet Nam

2020 ◽  
Vol 3 (4) ◽  
pp. 478-487
Author(s):  
Vien The Giang
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Legal Framework ◽  
The Rule Of Law ◽  
Doing Business ◽  
The Law ◽  
The Government ◽  
Role Of The Government ◽  
And Control

Based on the theory of agency problem and the relation between the government and market, this paper analyzes and evaluates the practice of law compliance and enforcement in doing business of enterprises. It is necessary to strengthen the law compliance and enforcement to enterprises, thereby ensuring the rule of law in business organization and operations. The results show that the regime of legal representative significantly affects the law compliance and enforcement of enterprises. In addition, the role of the government in enacting, modifying, and enforcing law of investment or doing business can negatively affect the the law compliance and enforcement of enterprises. Therefore, it is of importance to design a legal framework to monitor the behavior of legal representatives of enterprises and control the unreasonable intervention of the government in relationships in a market economy.

scholarly journals POLITIK HUKUM PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 1 TAHUN 2014 TENTANG PEMILIHAN GUBERNUR, BUPATI, DAN WALIKOTA

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (4) ◽  
Author(s):  
Muhammad Jeffry Rananda
Keyword(s):  
Rule Of Law ◽  
Political Institutions ◽  
Government Regulation ◽  
The Political ◽  
Local Elections ◽  
The Rule Of Law ◽  
Political Perspective ◽  
The Law ◽  
The Republic ◽  
The Government

The formation of The government regulation a substitute for the law of the Republic of Indonesia Number 1 of 2014 on the Election of Governor, Regent, and Mayor? How does the process of formation of the government regulation a substitute for the law of the Republic of Indonesia Number 1 of 2014 on the Election of Governor, Regent, and Mayor studied in the political perspective of the law? A substitute for the law of regulation making process shows again that the law is a product of politics. The fact that a political institutions, that chooses to create the rule of law. Although empirically then the law will be reset the political institutions. A substitute for the law of regulation is a Ius Constitutum as regulations on local elections. However, A substitute for the act of regulation it will not be effective because it is only temporary. A substitute for the Law of regulation attestation required then it becomes a law or made the latest Law. Keywords: The government regulation a substitute for the Law, Legal Politics

scholarly journals Islam, Democracy and the Middle Class

ICR Journal ◽  
2018 ◽  
Vol 9 (1) ◽  
pp. 108-110
Author(s):  
Tengku Ahmad Hazri
Keyword(s):  
Middle Class ◽  
Rule Of Law ◽  
Political Institutions ◽  
Rural Areas ◽  
Far Right ◽  
The Rule Of Law ◽  
Political Independence ◽  
Close Relationship ◽  
The Government ◽  
The One

Some people have been writing pieces echoing the view that there is a close relationship between democracy and the middle class. Recent times have witnessed two important trends whose close links have often been overlooked: the rise of populism on the one hand and the decline of the middle class on the other. Actually they have something in common in that they are both not good for democracy, and in fact represent a departure from democratic ideals. Populism is unfortunately often a euphemism for the opinions of poor, working class and rural or suburban constituencies, as observed in how election demographic maps often portray populist and far-right candidates as typically winning constituencies in rural areas or non-major cities. The presence of a strong middle class is crucial to democracy because the middle class has the economic base that translates into political independence, thereby enabling them to demand greater rights and accountability from the government. The middle class stands to benefit most from the presence of political institutions and the infrastructure needed to sustain democracy (such as the rule of law and protection of rights, most notably property rights) and hence are most likely to demand them from the state.

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

Is Xenophobic Violence and Criminality Systemic in Post-Apartheid South Africa? A Critical Analysis of Growing Denialism to 2015 Incidents

Politeia ◽  
2018 ◽  
Vol 37 (1) ◽  
Author(s):  
Mbekezeli Comfort Mkhize ◽  
Kongko Louis Makau
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Hate Crime ◽  
International Organisations ◽  
Foreign Nationals ◽  
The Rule Of Law ◽  
South Africans ◽  
Structural Problems ◽  
The Government

This article argues that the 2015 xenophobic violence was allowed to spread due to persistent inaction by state officials. While the utterances of King Goodwill Zwelithini have in part fuelled the attacks, officials tend to perceive acts of xenophobia as ordinary crimes. This perception has resulted in ill-advised responses from the authorities, allowing this kind of hate crime against foreign nationals to engulf the whole country. In comparison with similar attacks in 2008, the violent spree in 2015 is characterised by a stronger surge in criminal activities. The militancy showcased fed a sense of insecurity amongst foreigners, creating a situation inconsistent with the country’s vaunted respect for human rights and the rule of law. Investors lost confidence in the country’s outlook, owing in part to determined denialism in government circles regarding the targeting of foreigners. While drawing from existing debates, the article’s principal objective is to critically examine the structural problems that enable xenophobia to proliferate and the (in)effectiveness of responses to the militancy involved in the 2015 attacks. Of particular interest are the suggested responses that could be effective in curbing future violence. The article concludes that xenophobia is systemic in post-apartheid South Africa. Strong cooperation between the government, national and international organisations could provide the basis for successful anti-xenophobia measures. The article further argues that the country is obliged to find a sustainable solution to the predicament for humanitarian reasons firstly, and in recognition of the support South Africans received from its African counterparts during the liberation struggle.

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