scholarly journals Building the rule of law state as a guarantor of democracy in modern Vietnam

Upravlenie ◽  
2022 ◽  
Vol 9 (4) ◽  
pp. 43-50
Author(s):  
Tu Thi Thoa

Building the rule of law state (referred to as the rule of law) is an objective trend for democratic countries in the modern world, including Vietnam. Thoughts about the rule of law in Vietnam, related to the people’s desire to have an independent state that is organised and acts in accordance with the provisions of law, represents the will and aspirations of the people, protects human rights and citizens’ rights under law, have emerged since the early years of the 20th century. Along with the national liberation struggle, the rule of law state in Vietnam was officially established in 1945, after the victory of the August Revolution (August 19, 1945). It has its own characteristics related to the socialist political regime under the leadership of only one party – the Communist Party of Vietnam.As in many countries around the world, the promotion and expansion of democracy is one of the objectives of building the rule of law in modern Vietnam. The article clarifies some theoretical issues about the rule of law state, the rule of law ideology formation and the rule of law state characteristics in Vietnam. A number of issues that require attention when building a rule of law state to ensure democracy in modern Vietnam is considered

Author(s):  
Roman Fedorov ◽  
Nashaat Nashed

The article considers the question of the reality of reflecting the will of the people and their interests in the state legislation, as well as in the process of implementing legal norms. In the light of John Austin’s theory of the legal power of the sovereign’s (people’s) command, the role and place of an individual citizen in the process of lawmaking in a modern constitutional state is analyzed. It is concluded that modeling the sovereignty of the people based on the Austin concept leads to the denial of the distinction between the rule of law and the rule of people.


Author(s):  
Stephen Skowronek ◽  
John A. Dearborn ◽  
Desmond King

As the nation’s chief executive, Donald Trump pitted himself repeatedly against the institutions and personnel of the executive branch. In the process, two once-obscure concepts came center stage in an eerie face-off. On one side was the specter of a “Deep State” conspiracy – administrators threatening to thwart the will of the people and undercut the constitutional authority of the president they elected to lead them. On the other side was a raw personalization of presidential power, one that a theory of “the unitary executive” gussied up and allowed to run roughshod over reason and the rule of law. The Deep State and the unitary executive framed every major contest of the Trump presidency. Like phantom twins, they drew each other out and wrestled to light basic issues of governance long suppressed. Though this conflict reached a fever pitch during the Trump presidency, it is not new. Stephen Skowronek, John A. Dearborn, and Desmond King trace the tensions between presidential power and the depth of the American state back through the decades and forward through the various settlements arrived at in previous eras. Phantoms of a Beleaguered Republic is about the breakdown of settlements and the abiding vulnerabilities of a Constitution that gave scant attention to administrative power. Rather than simply dump on Trump, the authors provide a richly historical perspective on the conflicts that rocked his presidency, and they explain why, if left untamed, the phantom twins will continue to pull American government apart.


2006 ◽  
Vol 3 (2) ◽  
pp. 317-340 ◽  
Author(s):  
Sevidzem Stephen Kingah

AbstractIn the spirit of the Constitutive Act of the African Union we must work for a continent characterized by democratic principles and institutions which guarantee popular participation and provide for good governance. Through our actions, let us proclaim to the world that this is a continent of democracy, a continent of democratic institutions and culture. Indeed, a continent of good governance, where the people participate and the rule of law is upheld.


2020 ◽  
pp. 595-604
Author(s):  
Serhii Pyrozhkov ◽  
Nazip Khamitov

The article addresses the issue of Ukraine’s civilisational agency in the modern world. The authors state that a civilisational destiny of a state is determined by geopolitical actors claiming a superpower status, the state’s own choice, people’s will, its political and intellectual elite. Then, a state becomes a unit of international relations and law, world geopolitics, science, art; a civilisational actor of history, the present, and the future. Ukraine strives to become such an actor, have its civilisational project, and implement it. Our country is located between the Euro-Atlantic and Eurasian civilisational societies, thus its capacity to be an actor in the modern globalised world is contingent on efficient cooperation with both of the societies. The authors believe that the implementation of the civilisational project of Ukraine as an actor and not as an object of modern world lies in systemic cooperation with the international actors which accept freedom and dignity of a human being as fundamental values. The authors single out the civilisational measures of such a society, which is a society of trust, social and political partnership, and balanced interaction of the rule of law and civil society. In its civilisational project of the 21st century, Ukraine should stand for a society of innovations and information, where a person can live up to her full potential. It is about the worldview transformation of consciousness and relations among people, countries, civilisations, and civilisational worlds. The implementation of this project is a fundamental condition for ensuring the national security and existence of Ukraine as an independent state. That is indeed a noble cause of Ukraine and its people in the multifaceted world of the 21st century. Keywords: Eurasian civilisational society, Euro-Atlantic direction, agency of Ukraine, independent state.


Author(s):  
B.D. Akhrarov ◽  
◽  
Sh.X. Alirizaev ◽  

Building a democratic state governed by the rule of law and a free civil society is unimaginable without elections. After all, in the election process, the diversity of opinions in society, the will, aspirations, social moods of the people are clearly reflected. Democratic elections, which reflect the diversity of views in society, the aspirations and aspirations of the people, must be legally protected. Liability for violation of the principles of democratic elections has been established. Building a democratic state governed by the rule of law and a free civil society is unimaginable without elections. After all, in the election process, the diversity of opinions in society, the will, aspirations, social moods of the people are clearly reflected. Democratic elections, which reflect the diversity of views in society, the aspirations and aspirations of the people, must be legally protected. Liability for violation of the principles of democratic elections has been established.


2021 ◽  
Vol 8 (1) ◽  
pp. 67-101
Author(s):  
Lukman Adebisi Abdulrauf

Emergencies, whether natural or man-made, are inevitable in contemporary societies. Although the nature and magnitude of such emergencies are usually unpredictable, governments across the world must adopt measures to mitigate and control the emergency while securing the lives and properties of the people. Since emergencies envisage exceptional circumstances, there may be the need for the suspension of the normal legal order and its temporary replacement with an extraordinary regime to help restore the normal legal order. During the subsistence of the extraordinary regime, the question that has always concerned modern-day constitutionalists is how the rule of law can be maintained in such a regime which is characterised by the suspension of the normal legal order. This concern is even more apparent in Africa considering the general attitude of political leaders who will want to take advantage of every opportunity to abuse human rights, consolidate powers and remain in government. All these concerns therefore centre on the nature and scope of state of emergency provisions in constitutions and their implementation. Therefore, in this article, I will comparatively analyse the nature and scope of state of emergency provisions under modern African constitutions to determine the extent to which they are inclusive and embrace the basic tenets of the rule of law. I will further interrogate the applicability of the rule of law in states of emergency using recent practices in selected African countries.


IIUC Studies ◽  
2020 ◽  
Vol 15 ◽  
pp. 23-32
Author(s):  
Taslima Khanam

A society without rule of law is similar to a bowl having holes in it, so it leaks. Without plugging the leaks, putting more money in it makes no sense. Almost this claptrap is going in the form of poverty mitigation programs. Retorting the fact, this paper reflects that substantial poverty must be implied as formed by society itself and argues that lots of inhabitants of the world are deprived of the opportunity to get improved livings and live in dearth, as they are not within the shield of the rule of law. They may possibly be the citizens of nation state in which they live; nevertheless, their chattels and workings are vulnerable and far less rewarding than these are addressed. To address this unfairness, the paper provides a concise overview on the impact of rule of law as the basis for the people of opportunity and equity following the study of analytical approach with interdisciplinary aspect. Particular emphasis is to be found on human rights dimension of governance, and legal empowerment for the alleviation of poverty. IIUC Studies Vol.15(0) December 2018: 23-32


Author(s):  
Volodymyr Ryabchenko

The article highlights the problem of Ukraine's competitiveness as a derivative of low-quality higher education, which represents a wide range of students and graduates of domestic higher education institutions. It is noted that without the solution of the actualized problem, the successful civilized development of Ukraine is impossible. It is proposed to assess the quality of higher education in the context of global, regional and social challenges to be overcome by Ukraine based on sustainable development provided by the competitive human capital. The paradoxical tendency is emphasized: the quality of domestic higher education is declining against the background of institutional reform of higher education, carried out with a focus on best practices, and standards of Western European universities following the Bologna Process. It has been proved that it is impossible to raise the quality of domestic higher education to the level of world requirements through the internal reforms alone without a proper change in the Ukrainian social context, such as Western European countries. The basic features of the societies of the Western countries are determined, using which they radically differ from Ukraine and thanks to which their quality of higher education meets modern world requirements and makes them leaders of the world community. The indicators testifying to the low competitiveness of Ukraine and its lag in the development of civilization are given. It is substantiated that the determining reason for Ukraine's lag in the world race is the neglect of human capital as a basic factor in ensuring the competitiveness of the state. It is pointed out that this is caused by the destructive action of the mechanism of negative social selection, one of the manifestations of which is the protectionism of incompetence, which is systematically cultivated in modern Ukrainian society and does not encourage the general public to acquire competitive competence in civilized labour markets. The protectionism of incompetence is interpreted not only as facilitating the employment of less competent persons in comparison with other applicants for a certain position but also as unjustified removal from positions of persons who correspond to the position and retaining incapable students. Alternatively, they do not seek to obtain quality higher education, as well as tolerance for all kinds of academic dishonesty, falsification of learning outcomes. The causal chain is defined, the conceptual essence of which is that the mechanism of negative social selection in Ukraine is caused by the lack of a civilized competitive environment, the formation of which is blocked by the monopolization of political and economic spheres of social activity. This situation in its turn was caused by the hybrid regime of oligarchic power and the absence of a real democratic state governed by the rule of law in in Ukraine. The comparative analysis of economic growth in Poland and Ukraine confirmed significantly higher productivity of the pluralistic economy, produced by numerous medium and small businesses, than the monopolized economy of several oligarchs, which paralyzed Ukraine's socio-economic development and doomed it to backwardness and stagnation. The mechanism of rapid stratification of Ukrainian society, which created social inequality and contributed to the capture of its state by oligarchic-clan groups for its use for private purposes against the interests of the people, is highlighted. It is pointed out that oligarchs-controlled regimes of power by the iron law of oligarchy, defined by R. Michels, are not subject to improvement, but only lead society to decline and degradation. It is explained that after the oligarchs took control of the state as a public institution of power, Ukraine fell into a vicious circle formed by extractive political and economic institutions. In contrast, inclusive institutions form a virtuous circle that contributes to the successful civilized development and prosperity of the nation. It is possible to break the vicious circle and include mechanisms of healthy social selection, which would block the protectionism of incompetence in its territory and promote the vigorous development of competitive human capital and raise the quality of domestic higher education to the level of world requirements in Ukraine. To fulfil that, it is necessary: to close the lack of effective systemic control by the people, in particular civil society, over the current activities of government entities at all its hierarchical levels and mechanisms for their inevitable prosecution for incompetent use of power and its abuse. For this, in Ukrainian society, it is necessary to separate business from politics, to demonopolize the political and economic spheres of activity, to form a civilized competitive environment, to create the most favourable conditions for the accelerated development of medium and small business. World experience eloquently demonstrates that all this becomes achievable in a democracy and the rule of law. Only under such conditions will a competitive competence be demanded in Ukrainian society, for the provision of which Ukrainian universities will be forced to compete and thus develop to the level of world requirements.


2019 ◽  
Vol 17 (1) ◽  
pp. 123-141
Author(s):  
Tomasz Stępniewski

The present paper discusses the following research questions: to what extent did errors made by the previous presidents of Ukraine result in the country’s failure to introduce systemic reforms (e.g. combating corruption, the development of a foundation for a stable state under the rule of law and free-market economy)?; can it be ventured that the lack of radical reforms along with errors in the internal politics of Ukraine under Petro Poroshenko resulted in the president’s failure?; will the strong vote of confidence given to Volodymyr Zelensky and the Servant of the People party exact systemic reforms in Ukraine?; or will Volodymyr Zelensky merely become an element of the oligarchic political system in Ukraine?


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