A Study on the Relationship between Universal Jurisdiction and Rule of Law

Given the foreseeable pervasiveness of artificial intelligence (AI) in modern societies, it is legitimate and necessary to ask the question how this new technology must be shaped to support the maintenance and strengthening of constitutional democracy. This paper first describes the four core elements of today's digital power concentration, which need to be seen in cumulation and which, seen together, are both a threat to democracy and to functioning markets. It then recalls the experience with the lawless Internet and the relationship between technology and the law as it has developed in the Internet economy and the experience with GDPR before it moves on to the key question for AI in democracy, namely which of the challenges of AI can be safely and with good conscience left to ethics, and which challenges of AI need to be addressed by rules which are enforceable and encompass the legitimacy of democratic process, thus laws. The paper closes with a call for a new culture of incorporating the principles of democracy, rule of law and human rights by design in AI and a three-level technological impact assessment for new technologies like AI as a practical way forward for this purpose. This article is part of a theme issue ‘Governing artificial intelligence: ethical, legal, and technical opportunities and challenges’.

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Correlation of Law and Order in Society

Cuestiones Políticas - Conflictividad política, pandemia de COVID-19 y nuevos paradigmasConflictividad política, pandemia de COVID-19 y nuevos paradigmas ◽

10.46398/cuestpol.3764.03 ◽

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.

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

EMC Review - Časopis za ekonomiju - APEIRON ◽

10.7251/emc1502211b ◽

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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Connecting Reproductive Rights, Democracy, and the Rule of Law: Lessons from Poland in Times of COVID-19

German Law Journal ◽

10.1017/glj.2021.56 ◽

2021 ◽

Vol 22 (6) ◽

pp. 1072-1097

Author(s):

Atina Krajewska

Keyword(s):

Rule Of Law ◽

Reproductive Rights ◽

The Rule Of Law ◽

Abortion Law ◽

Polish Society ◽

History Of ◽

Constitutional Tribunal ◽

Litmus Test ◽

The Relationship

AbstractThis article examines the relationship between reproductive rights, democracy, and the rule of law in transitional societies. As a case study, it examines the development of abortion law in Poland. The article makes three primary claims. First, it argues that the relationship between reproductive rights and the rule of law in Poland came clearly into view through the abortion judgment K 1/20, handed down by the Constitutional Tribunal in the middle of the COVID-19 pandemic. The judgment and the context in which it was issued and published are interpreted as reflections of deep-lying processes and problems in Polish society. Consequently, second, the article argues that analysis of the history of reproductive rights in recent decades in Poland reveals weak institutionalization of the rule of law. This is manifest in the ways in which different professional groups, especially doctors and lawyers, have addressed questions regarding abortion law. Therefore, third, the article argues that any assessment of the rule of law should take into account how powerful professional actors and organizations interact with the law. The Polish case study shows that reproductive rights should be seen as important parts of a “litmus test,” which we can use to examine the efficacy of democratic transitions and the quality of the democracies in which such transitions result.

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A European convergence towards a stare decisis model?

Revista Digital de Derecho Administrativo ◽

10.18601/21452946.n14.09 ◽

2015 ◽

pp. 173 ◽

Cited By ~ 1

Author(s):

Stefano Civitarese

Keyword(s):

Rule Of Law ◽

Deep Understanding ◽

The European Union ◽

Stare Decisis ◽

The Rule Of Law ◽

Law System ◽

Legal Space ◽

The One ◽

The Relationship

The article revolves around the doctrine of precedent within the so-called European legal space, wondering whether and to what extent we can speak of a convergence towards a stare decisis model boosted by the harmonizing role of the Court of Justice of the European Union. The article argues that although there are still some differences between civil law and common law legal systems they regard more the style of reasoning and the deep understanding of the relationship between the present decision of a court and past judicial decisions than the very existence of the constraints of the latter upon the former. The article concludes that a sort of mechanism of stare decisis has in fact been created, even though, on the one hand, uncertainty remains as to the way in which the binding force of a precedent concretely operates in the system, and on the other hand, this mechanism relates exclusively to the relationships between past and future decisions of higher courts (horizontal effect). This change, far from being a shift towards a truly judge-made law system or a consequence of the final abandonment of the dictates of the rule of law, enhances legal certainty contributing to the fundamental requirement of stability of law as a feature of the ideal of the rule of law.

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The Moral Dimension of Constitutional Faith

Constitutional Faith ◽

10.23943/princeton/9780691152400.003.0003 ◽

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.

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Conclusion

Equity ◽

10.1093/oso/9780198766773.003.0005 ◽

2018 ◽

pp. 189-196

Author(s):

Irit Samet

Keyword(s):

General Solution ◽

Rule Of Law ◽

The Rule Of Law ◽

The Relationship

In this concluding chapter I discuss some findings from the analysis of three of Equity’s fundamental doctrines we explored: fiduciary law, proprietary estoppel, and clean hands. I wish to highlight the traits they share and consider the relationship between the legal ideals of efficiency and Accountability Correspondence which they exemplify. Drawing up the strings of the last three chapters will also reveal how the courts use the category of conscionability to ensure that the value of the Rule of Law is sacrificed only in cases where it is necessary to maintain a healthy balance with Accountability Correspondence, in a way that also serves efficiency. Finally, I wish to show how the discussions of the specific doctrines support the argument that the fusion project as a general solution to the friction between law and Equity ought to be rejected.

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UN Peacekeeping and the Rule of Law

American Political Science Review ◽

10.1017/s0003055420000738 ◽

2020 ◽

pp. 1-18 ◽

Cited By ~ 2

Author(s):

ROBERT A. BLAIR

Keyword(s):

Economic Growth ◽

Rule Of Law ◽

Good Governance ◽

Law Reform ◽

The Rule Of Law ◽

Un Peacekeeping ◽

The Impact ◽

The Relationship

The UN is intimately involved in efforts to restore the rule of law in conflict and postconflict settings. Yet despite the importance of the rule of law for peace, good governance, and economic growth, evidence on the impact of these efforts is scant. I develop a theory to explain when UN rule-of-law reform is likely to succeed, then test the theory using original datasets capturing the number of civilian personnel deployed to each UN mission in Africa, the number of personnel assigned specifically to rule-of-law-related tasks, and the extent and nature of actual rule-of-law-related activities in the field. The correlation between UN presence and the rule of law is weak while conflict is ongoing, but robustly positive during periods of peace. The relationship is stronger for civilian than uniformed personnel, and is strongest when UN missions engage host states in the process of reform.

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The State is Captured Before It Exists

Southeastern Europe ◽

10.1163/18763332-04201003 ◽

2018 ◽

Vol 42 (1) ◽

pp. 33-58

Author(s):

David B. Kanin

Keyword(s):

Civic Education ◽

Rule Of Law ◽

Inverse Relationship ◽

Rent Seeking ◽

The Balkans ◽

Patronage Politics ◽

State Capture ◽

Political Entrepreneurs ◽

Social Management ◽

The Relationship

Analysts of “State Capture” too often treat the phenomenon as an outside-in process. They identify firms or rent-seeking political entrepreneurs that take over, subvert, or otherwise bend political structures to serve their parochial interests. The key to solving the perceived problem is supposed to lie in better governance, strengthened judicial systems, civic education, and transparency in political and civic activities. This essay will suggest this construct involves a misunderstanding of the relationship between patronage networks and supposedly “legitimate” legal and constitutional institutions enshrined in a teleology of Democracy and Rule-of-Law performances. Patronage politics in the Balkans produces pragmatic social management patterns, not just theft by greedy firms and selfish individuals. This argument builds on Charles Tilly’s observation of the inverse relationship between Democracy and trust to explain why externally imposed programs of civic education and political reform designed to free a state from its perceived capture fail to do much more than recruit a thin sliver of local civic activists, scold “captured” populations, and undermine the credibility of international overseers.

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