The Moral Dimension of Constitutional Faith

2011 ◽  
Author(s):  
Sanford Levinson
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
Social Order ◽  
Moral Dimension ◽  
The Rule Of Law ◽  
Law And Morality ◽  
The Relationship

This chapter considers the relationship between the Constitution—and the sovereign people ostensibly represented in its terms—and morality. Constitution faith requires the linkage of law and morality even as most twentieth-century jurisprudence has emphasized their analytic separation. All calls for renewed faith in the rule of law and renewal of the constitutional covenant imply that submission to the Constitution will create not only order but also the conditions of a social order worthy of respect. In order to see the logic and desirability of submission to the rule of the Constitution, the assumed linkage between it and morality must be closely examined.

Theoretical Foundations of Liberal Order

2013 ◽  
Author(s):  
Casper Sylvest
Keyword(s):  
Twentieth Century ◽  
International Relations ◽  
Rule Of Law ◽  
Representative Government ◽  
The Rule Of Law ◽  
Early Twentieth Century ◽  
Late Nineteenth ◽  
The Relationship ◽  
Theoretical Foundations

This chapter draws on the writings of late nineteenth- and early twentieth-century liberal writings to show how, mainly British, liberals campaigned for the moralization, reform, or regulation of international relations. It demonstrates how contemporary liberal theories have lost connection to the moral and normative articulations of a century or so ago and that the meaning and value of many key liberal terms and concepts have changed significantly. As an example, the chapter shows that, although the relationship between liberalism and democracy appears inseparable today, a century and a half ago liberals were apprehensive about democracy. Liberals were devoted to the rule of law and representative government but, for many, democracy raised the spectre of the tyranny of an uneducated and potentially debased majority.

4. The Royal Prerogative

2018 ◽  
Author(s):  
Ian Loveland
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
Judicial Review ◽  
Civil Service ◽  
Administrative Law ◽  
Revolutionary Era ◽  
The Rule Of Law ◽  
The Relationship

This chapter considers the fate of the royal prerogative in the courts during the twentieth century. The discussions cover the relationship between statute, the prerogative, and the rule of law; the traditional perspective on judicial review of prerogative powers and its erosion; Council of Civil Service Unions v Minister for the Civil Service (GCHG) as the pivotal case in the development of judicial review of the prerogative; post-GCHG developments; and the notion of justiciability. The chapter concludes that the courts supervise the government’s use of prerogative powers more closely now than in the pre-revolutionary era. There has been an increase in the theoretical reach of the courts’ power of review since the 1967 decision in Lain. Administrative law also seems to treat prerogative and statutory powers in the same way.

The Problem with Normality: Taking Exception to “Permanent Emergency”

2006 ◽  
Vol 31 (2) ◽  
pp. 191-213 ◽  
Author(s):  
Mark Neocleous
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
War On Terror ◽  
September 11 ◽  
The Rule Of Law ◽  
Emergency Powers ◽  
Historical Developments ◽  
The Relationship ◽  
Emergency Measures

This article challenges the increasingly prevalent idea that since September 11, 2001, we have moved into a state of permanent emergency and an abandonment of the rule of law. The article questions this idea, showing that historical developments in the twentieth century have actually placed emergency powers at the heart of the rule of law as a means of administering capitalist modernity. This suggests we need to rethink our understanding of the role of emergency measures in the “war on terror” and, more generally, to reconsider the relationship between the rule of law and violence.

4. The Royal Prerogative

2021 ◽  
pp. 76-102
Author(s):  
Ian Loveland
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
Judicial Review ◽  
Civil Service ◽  
The Rule Of Law ◽  
Rigorous Approach ◽  
House Of Lords ◽  
The Relationship

This chapter considers the evolving constitutional status of the royal prerogative in the courts during the twentieth century. The discussions cover the relationship between statute, the prerogative, and the rule of law; the traditional perspective on judicial review of prerogative powers and the rejection of that traditional perspective in the House of Lords’ judgment in Council of Civil Service Unions v Minister for the Civil Service (GCHQ). The chapter continues by analysing the ways in which the new organising principle of ‘justiciability’ which emerged in the GCHQ judgment in the 1980s has since been applied in several leading cases, and suggests that in recent years the courts have adopted an increasingly rigorous approach to the supervision of governmental actions claimed to be taken under prerogative powers.

Anticolonial Constitutionalism: The Case of Hồ Chi Minh

2018 ◽  
Vol 19 (2) ◽  
pp. 197-221
Author(s):  
SON NGOC BUI
Keyword(s):  
Twentieth Century ◽  
Special Reference ◽  
Rule Of Law ◽  
Fundamental Rights ◽  
Popular Sovereignty ◽  
French Colonialism ◽  
The Rule Of Law ◽  
Constitutional Government ◽  
Colonial Government ◽  
The Relationship

AbstractHow is modern constitutionalism related to anticolonialism? This Article takes into account this question with a special reference to the case of Hồ Chi Minh. It argues that modern constitutionalism offers a powerful ideational and discursive weapon for the colonized people to struggle against colonialism. To understand this, the Article introduces the concept of ‘anticolonial constitutionalism’, defined as a form of political discourse in which anticolonialists employ the language and ideas of modern constitutionalism to combat the predatory colonial government and to express the aspirations to a constitutional government. Anticolonial constitutionalism emerges under three conditions, namely exploitatory and arbitrary colonialism, anticolonialism, and constitutional enlightenment. The case of Hồ Chí Minh illustrates this phenomenon well. When Vietnam was under French colonialism as a part of French Indochina during the first half of the twentieth century, Vietnamese anticolonialism was vehement, and different anticolonialists employed the language and ideas of constitutionalism to oppose the colonial government. One of them was Hồ Chí Minh, considered by many Vietnamese as the father and icon of the nation. A tremendously influential anticolonialist, he was enlightened with constitutionalist knowledge and employed key ideas of modern constitutionalism, namely a written constitution, the rule of law, popular sovereignty, and fundamental rights to struggle against French colonialism and to express such aspirations to a constitutional government in Vietnam. This study has implications for the trajectory of constitutionalism in contemporary Vietnam given the continuing influence of Hồ Chí Minh's constitutionalist discourse in the country nowadays. More generally, this study has implications for the relationship between constitutionalism and anticolonialism.

The Village Courts in Bangladesh

2017 ◽  
Author(s):  
Tobias Berger
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
Colonial Administration ◽  
The Rule Of Law ◽  
Complex Processes ◽  
Local Institution ◽  
International Donor ◽  
Donor Agencies ◽  
Historical Trajectory ◽  
The Village

This chapter embeds contemporary translations of ‘the rule of law’ in their historical trajectory. It reveals how the introduction of village courts by the colonial administration at the dawn of the twentieth century and current efforts by international donor agencies to activate these village courts follow strikingly similar logics. The village courts are therefore neither an exclusively global imposition nor an ostensibly local institution; instead, they have emerged in complex processes of translation in which the global and the local have become inseparably intertwined. Having reconstructed this historical trajectory, the chapter also provides a brief overview of Bangladesh’s recent political history and maps the country’s contemporary legal landscape.

The Relationship between Constitutions, Socioeconomics, and the Rule of Law: A Quantitative Thermodynamic Approach

2021 ◽  
Author(s):  
Klaus Jaffe ◽  
Antonio Canova ◽  
Jose Gregorio Contreras ◽  
Ana Cecilia Soares ◽  
Juan Carlos Correa ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Thermodynamic Approach ◽  
The Rule Of Law ◽  
The Relationship

NAČELO PRILAGOĐENOSTI USLUGE I PRAVO NA SLOBODAN IZBOR

2021 ◽  
Author(s):  
Jelena Janković ◽  
Keyword(s):  
Rule Of Law ◽  
Service Sector ◽  
Free Choice ◽  
Moral Authority ◽  
Service Users ◽  
Service Economy ◽  
Moral Dimension ◽  
The Rule Of Law ◽  
Legal Relationship ◽  
The Right

The first step of a positive change in the system of service-legal relations is a change of view on the role and importance of service users. By providing opportunity to the service user to be an active and important member of the service-legal relationship, a far-reaching and universal value of humanization of the service economy sector is achieved. In such circumstances, the moral authority of the service law is realized through its justice and through voluntary obedience to the law of the subjects of the service-legal relationship. Precisely, this moral dimension of the rule of law, in the service economy sector is realized by applying the principles of service suitability and the right to free choice. In this regard, the paper analyzes the moral dimension and culture of the rule of law in the service sector, based on the principle of service suitability and the right to free choice, which are presented in the paper as guardians of justice of the service-legal norm.

scholarly journals Correlation of Law and Order in Society

2020 ◽  
Vol 37 (64) ◽  
pp. 53-61
Author(s):  
Gabdrakhman H. Valiev ◽  
Sergey V. Kondratyuk ◽  
Natalia A. Prodanova ◽  
Irina A. Babalikova ◽  
Kermen I. Makaeva ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Modern Society ◽  
Legal Regulation ◽  
Law And Order ◽  
The Rule Of Law ◽  
Human Rights Organizations ◽  
Relationship Of ◽  
The Relationship ◽  
Concrete Reality

The problem of the relationship of law and order is relevant to any modern society. The article tries to analyze this relationship, taking into account judicial, police and other activities. The named concepts are closely interconnected, but are not identical. They are correlated as cause and effect: there is a rule of law, there is no rule of law. One suggests the other. The rule of law as concrete reality logically precedes the rule of law as a doctrine, the connection here is hard, causal. The process is one. Law and order: a real indicator of the state of legality, reflects the degree of compliance with the laws, the requirements of all legal regulations. It is concluded that the rule of law is the end result of the implementation of legal requirements and, at the same time, the objective of legal regulation, since it is for the formation and maintenance of the rule of law that laws are issued, thus like other regulatory legal acts, various institutions and bodies and, above all, the justice system, the control system, various human rights organizations and social movements.

scholarly journals CORRUPTION, CAPITAL ABUNDANCE AND ECONOMIC DEVELOPMENT: EVIDENCE FROM THE EUROPEAN UNION COUNTRIES

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc
Keyword(s):  
European Union ◽  
Economic Development ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Explanatory Power ◽  
The European Union ◽  
The Rule Of Law ◽  
European Union Countries ◽  
The Relationship

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.

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