PURPOSE, PRINCIPLES AND SPECIFIC FEATURES OF PROSECUTOR’S OFFICE LEGAL CREATION ACTIVITY

2021 ◽  
Vol 6 (10) ◽  
pp. 53-62
Author(s):  
Shoxrukhkhon Saidov ◽  
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Legal Space ◽  
The Law ◽  
Law Making

This article describes the specifics of the law-making process conducted by the prosecutor's office. The purpose and principles of the prosecutor's office's participation in this process have been studied scientifically and theoretically. Taking into account the high relevance of ensuring legality in the law-making process, opinions were expressed about the need for adequate regulation and organization of solving this task by the prosecutor's office at the level of law and legality. The participation of the prosecutor's office in law-making activities contradicts the needs of the population, the protection of human and civil rights and freedoms, ensuring the rule of law, promoting the formation of a unified legal space and improving legislation, ensuring consistency legal instructions, systematization of legislation, scientifically based analysis are aimed at reducing the influence of bureaucratic interests and preventing the inclusion of factors that generate corruption in normative acts and their projects

scholarly journals How has China formed its conception of the rule of law? A contextual analysis of legal instrumentalism in ROC and PRC law-making

2017 ◽  
Vol 13 (3) ◽  
pp. 277-294 ◽  
Author(s):  
Qianlan Wu
Keyword(s):  
Rule Of Law ◽  
Common Law ◽  
Modern Society ◽  
Contextual Analysis ◽  
European Origin ◽  
The Rule Of Law ◽  
The World ◽  
The Common ◽  
The Law ◽  
Law Making

The rule of law as a globally recognised concept is multi-faceted (Chesterman, 2008). In the common-law tradition, it is conceived through a formal and substantive framework. In essence, it centres on the supremacy of the law over the arbitrary exercise of power and the formal legality of the law (Tamanaha, 2004, p. 115; Cotterrell, 1992, p. 157). The rule-of-law concept has been criticised as being of unique European origin, where plural social organisation and universal natural law constitute its two preconditions (Unger, 1977, pp. 80–110). It has, however, been advocated around the world as one essential principle leading to modernity, where the legitimacy of the law based on the formal and substantive rule of law serves as a strong symbol for a modern society (Deflem, 1996, p. 5).

scholarly journals EU Counter-terrorism Law: What Kind of Exemplar of Transnational Law?

2019 ◽  
Vol 21 ◽  
pp. 217-242
Author(s):  
Cian C. MURPHY
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Global Impact ◽  
Counter Terrorism ◽  
Transnational Law ◽  
The Law ◽  
Law Making ◽  
The Eu

AbstractThis article examines counter-terrorism efforts in the EU as it matures as a field of law. It sets out three critiques of EU counter-terrorism law: that of ineffectiveness, of anti-constitutionalism, and of contrariness to human rights and the rule of law. It considers these critiques in light of the development of policies and legal initiatives—against foreign terrorist fighters and against radicalisation. It concludes that there are both persistent problems, and some improvements, in the law. The EU's capacity to meet the challenges posed by terrorism and the counter-terrorism imperative, and how it does so, has global impact. The article concludes with an argument for better law-making in the EU to ensure it serves as a better exemplar of transnational law.

scholarly journals The Rule of the Present, Not the Past

Jus Cogens ◽  
2021 ◽  
Author(s):  
Franco Peirone
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Practical Reasons ◽  
Legal Practice ◽  
The Rule Of Law ◽  
The Past ◽  
The Law ◽  
The One ◽  
Law Making ◽  
The Ideal

Abstract There is a perennial ambiguity in the rule-of-law preposition: it predicates that the law shall rule, but which law? This legal loophole has led to a diverse array of interpretations of the concept. Of these, two appear particularly adverse to what the rule of law should primarily be—the rulership of the law—yet still remain dominant. On the one hand, the rule of law is intended to be the vehicle to deliver above-the-law goods such as human rights or other individual entitlements like property, and to forever shield them against any other force, including the law. On the other hand, the rule of law is believed to be a tool at the rulers’ disposal, who make use of the law but are not bound by it, for either legal or practical reasons. In both cases, a pre-legal setting for society allocates rulership to something but not the law, against the very essence of the ideal: an authoritative legal practice for the sake of regulating the present society. As such, the rule of law has to meet certain requirements of craftsmanship, like conditions in law-making and law-enforcement, and sources, which are to be democratically underpinned.

scholarly journals Między polityką a prawem. Problem „upolitycznienia” tworzenia prawa

2017 ◽  
Vol 110 ◽  
pp. 115-132
Author(s):  
Tadeusz Biernat
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Political Power ◽  
The Political ◽  
The Rule Of Law ◽  
The Creation ◽  
The Law ◽  
Politics And Law ◽  
Law Making

BETWEEN POLITICS AND LAW. THE PROBLEM OF “POLITICIZATION” THE CREATION OF LAWThe purpose of this article is to analyze the phenomenon of “politicization” of the law making process. Astrong form of politicization is the political instrumentalization of law when the law is treated as the implementation of particular interests of the political power; when is created in violation of the legality of the law-making activities; when it violates the rights of individuals human rights. The weaker but more common form of politicization the creation of law is related to the violation by apolitical authority, legislative body, additional restrictions imposed on it, which are supposed to guarantee ahigh level quality of the law. Three of the most characteristic limitations will be the basis for analyzing the phenomenon of politicization of law making. They are related to: the legitimization of law-making, the democratization of law-making process, and the standards of legislation that are characteristic of lawmaking in ademocratic state under the rule of law. To some extent, these phenomena are interconnected, one can say that they are involved in shaping the pat­tern of the proper legislation by preventing or reducing the politicization of the lawmaking process and its key decisions.

Maintenance of Law in Ministries’ Acts in the Russian Empire (XIX — early XX century)

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Ирина Михеева ◽  
Irina Mikheeva
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Russian Empire ◽  
Control Methods ◽  
The Rule Of Law ◽  
Perception Of Control ◽  
The Law ◽  
Supervision Mechanism ◽  
The Russian Empire ◽  
Law Making

The article is devoted to the rule of law in rulemaking activity of the Russian Empire ministries in XIX — early XX century. The author reviews the complex of control methods in rulemaking activity of the ministries in the Russian Empire. The author presents content and structure of control and supervision mechanism in the law-making activity of the Russian Empire ministries. The author defines difference of approaches to the perception of control and supervision as a means of law enforcement in the Russian Empire and modern Russia. The author draws the conclusion about similarity of the ways for providing the rule of law in rulemaking activity at different historical stages in the Russian Empire.

7. Rule of law

2019 ◽  
pp. 143-163
Author(s):  
Anne Dennett
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
The Rule Of Law ◽  
The Core ◽  
The Law ◽  
The Government ◽  
Key Terms ◽  
Core Meaning ◽  
External Measure ◽  
Law Making

This chapter assesses the rule of law. The rule of law is a constitutional value or principle which measures good governance, fair law-making, and applying law in a just way. It acts as a protecting mechanism by preventing state officials from acting unfairly, unlawfully, arbitrarily, or oppressively. These are also key terms in judicial review. The rule of law is also regarded as an external measure for what a state does; if the rule of law breaks down in a state, it will fail to function in an internationally acceptable way. Ultimately, the core meaning of the rule of law is that the law binds everyone. This includes those in government, who must obey the law. Moreover, any action taken by the government must be authorised by law, that is, government needs lawful authority to act.

scholarly journals Legal technique of interpretation of the law: theoretical and legal aspecks

2021 ◽  
pp. 62-66
Author(s):  
Zh. O. Dzeiko
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
Legal Situation ◽  
Autonomous Element ◽  
Quantitative Characteristics ◽  
The Law ◽  
Theory Of Law ◽  
Legal Technology ◽  
Law Making ◽  
Qualitative And Quantitative Characteristics

In her work, the author proposes a system of means, methods, techniques and rules for the exercise of legal activity by subjects of law to understand and, if necessary, to explain the content of the law, aimed at obtaining a legal result. It is true that the main features of legal technology for the interpretation of norms of law are: it is a relatively autonomous element of the legal situation, which derives from its qualitative and quantitative characteristics; The essence of the legal technique of interpreting norms of law is that it corresponds to the essence of the law and the level of development of the legal system; its application is carried out as a result of the thoughtful, willful activity of subjects of law; The content of the legal technique for interpreting the law includes a system of means, means, techniques and rules for understanding and, where necessary, explaining the law; In the form in which its content is expressed, the legal technique of interpreting the rules of law is embodied in certain means, methods, techniques and rules; the legal technique of interpreting the rules of law may be classified into types; The role and importance of the legal technique in the interpretation of norms of law is revealed in the law-making and in the implementation of norms; the legal technique of the interpretation of norms of law is mainly based on the achievements of the legal science, namely the theory of law; The application of the legal technique to the interpretation of the law must be within the limits of the law. The legal technique of interpreting the norms of law should serve to affirm, safeguard and realize human and civil rights and freedoms. The essence and social function of legal technology in the interpretation of norms of law is manifested in law-making and in the implementation of norms of law. Keywords: rule of law, law-making, realization rule of law, interpretation rule of law, legal technique, legal technique of interpretation of the law

scholarly journals Surveillance, Secrecy, and the Search for Meaningful Accountability

2017 ◽  
Author(s):  
Sudha N. Setty
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
The United States ◽  
Executive Branch ◽  
The Rule Of Law ◽  
Government Power ◽  
Surveillance Programs ◽  
The Law ◽  
The Government ◽  
Government Surveillance

Published: Sudha Setty, Surveillance, Secrecy, and the Search for Meaningful Accountability, 51 STAN. J. INT'L L. 69 (2015). One of the most intractable problems in the debate around maintaining the rule of law while combating the threat of terrorism is the question of secrecy and transparency. In peacetime, important tenets to the rule of law include transparency of the law, limits on government power, and consistency of the law as applied to individuals in the policy. Yet the post-9/11 decision-making by the Bush and Obama administrations is characterized with excessive secrecy that stymies most efforts to hold the government accountable for its abuses. Executive branch policy with regard to detention, interrogation, targeted killing and surveillance are kept secret, and that secrecy has been largely validated by a compliant judiciary that has dismissed almost all suits challenging human and civil rights abuses resulting from counterterrorism programs. Efforts by Congress to engage in meaningful oversight have met with mixed results; in the area of government surveillance, such efforts have been fruitless without the benefit of leaked information on warrantless surveillance by government insiders, since the executive branch has generally refused to make public vital aspects of its surveillance programs in ways that could give oversight efforts more muscle. At the same time, the executive branch has consistently defended the legality and efficacy of these surveillance programs. This paper considers the nature and effect of the warrantless surveillance infrastructure constructed in the United States since the terrorist attacks of September 11, 2001, and discusses surveillance-related powers and accountability measures in the United Kingdom and India as comparative examples. Through this analysis, this paper questions whether accountability over government abuses in this area exists in an effective form, or if governments have constructed a post-9/11 legal architecture with regard to surveillance that engenders excessive secrecy and renders accountability mechanisms largely meaningless.

8. Rule of law

2021 ◽  
pp. 166-187
Author(s):  
Anne Dennett
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
The Rule Of Law ◽  
The Core ◽  
The Law ◽  
The Government ◽  
Key Terms ◽  
Core Meaning ◽  
External Measure ◽  
Law Making

This chapter assesses the rule of law. The rule of law is a constitutional value or principle which measures good governance, fair law-making, and applying law in a just way. It acts as a protecting mechanism by preventing state officials from acting unfairly, unlawfully, arbitrarily, or oppressively. These are also key terms in judicial review. The rule of law is also regarded as an external measure for what a state does; if the rule of law breaks down in a state, it will fail to function in an internationally acceptable way. Ultimately, the core meaning of the rule of law is that the law binds everyone. This includes those in government, who must obey the law. Moreover, any action taken by the government must be authorised by law, that is, government needs lawful authority to act.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

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