On the Way to the Rule of Law

1978 ◽  
Vol 11 (2-3) ◽  
pp. 115-127 ◽  
Author(s):  
Ho Ming
Keyword(s):  
2018 ◽  
Author(s):  
Toby S. Goldbach

49 Cornell International Law Journal 618 (2016).This Article explores international judicial education and training, which are commonly associated with rule of law initiatives and development projects. Judicial education programs address everything from leadership competencies and substantive review of human rights legislation to client service and communication, skills training on docket management software, and alternative dispute resolution. Over the last twenty years, judicial education in support of the rule of law has become big business both in the United States and internationally. The World Bank alone spends approximately U.S. $24 million per year for funded projects primarily attending to improving court performance. And yet, the specifics of judicial education remains unknown in terms of its place in the industry of rule of law initiatives, the number of judges who act as educators, and the mechanisms that secure their participation. This Article focuses on the judges’ experiences; in particular, the judges of the Supreme Court of Israel who were instrumental in establishing the International Organization of Judicial Training.Lawyers, development practitioners, justice experts, and government officials participate in training judges. Less well known is the extent to which judges themselves interact internationally as learners, educators, and directors of training institutes. While much scholarly attention has been paid to finding a global juristocracy in constitutional law, scholars have overlooked the role that judges play in the transnational movement of ideas about court structure, legal procedure, case management, and court administration. Similarly, scholarship examines the way legal norms circulate, the source of institutional change, and the way “transnational legal processes” increase the role of courts within national legal systems. There is little scholarly attention, however, to judges as actors in these transnational processes. This Article situates judicial education and training within the context of judicial functions as an example of judicial involvement in non-caserelated law reform. This Article challenges the instrumental connection between judicial education and the rule of law, arguing that international judicial education became a solution at the same time that the problem— a rule of law deficit— was being identified. This Article also explores whether international judicial education can stand as an instantiation of a global judicial dialogue. Judges have immersed themselves in foreign relations. They are, however, less strategic in pushing their ideological agenda than literature about judges and politics would suggest. This Article argues that judges experience politics as a series of partial connections, which resemble most legal actors’ engagement with the personal and the political.


2019 ◽  
Vol 19 (75) ◽  
pp. 11-19
Author(s):  
Pierre Legrand

Taking its cue from a remarkable institutional initiative owing to the Georgetown University Law Center, this essay contests some of the key assumptions that have informed liberalism’s cosmopolitan turn. In particular, the argument addresses the way in which liberal legal thought has handled a doctrine widely known as “the rule of law”. The text challenges the universalizing drive having informed the dissemination of “the rule of law” and the attendant marginalization of culture in the form of the decredibilization of local knowledge. The paper suggests that “comparative law” can offer a valuable opportunity for the liberal self to revisit its uniformizing ideological commitments  — although not “comparative law” of the mainstream brand.


2018 ◽  
Vol 4 (1) ◽  
pp. 19-29
Author(s):  
Imam Syafi`i

Among the forums to solve the problem are collectively known as 'bahtsul masa'il'. the legal decision is collective, derived from the consensus of the participants. His method of searching references (maraji ') to find answers regarding the existing problems, known as Madzhab Qauli, madzhab which is understood as the opinion or fatwa of a Mujtahid or Mufti in deciding fiqhiyyah law. However, not infrequently stagnation (maukuf) in the termination of the law. Because there are no references or books that explain the problem. As a result, if enforced (laws with existing references) result in unfair decisions and other issues for the community.From this manifestation of schools began to be considered important to be developed. That is a way to answer the problems faced by following the way of thinking and the rule of law which has been drawn up by the madzhab priest as described above. This last method is actually an attempt to decide the law by directly returning al-Qur'an, al-Hadits and so on by using tools qawa'id ushuliyyah and qawa'id fiqhiyyah. Everyone can not run this method individually. because the legal instrument of the legal system must be completely mastered. Therefore this Manhaji Method can be developed by means of ijtihad Jama'i that is the hard effort of some experts in their respective fields maximally in exploring the law of syar'i which is dhanni by using the method of istimbat. The decision is based on the agreement of the ulama or by acclamation, which is to take the most votes from the results of the deliberations. Keyword: Madzhab Qouli, Madhab Manhaji, Bahtsul Masa`il


Author(s):  
Keith Ewing ◽  
Joan Mahoney ◽  
Andrew Moretta

This title is concerned with the powers, activities, and accountability of MI5 principally in the period from 1945 to 1964. It was a body without statutory authority, with no statutory powers, and with no obvious forms of statutory accountability. It was established as a counter-espionage agency, yet was beset by espionage scandals on a frequency that suggested if not high levels of incompetence, then high levels of distraction and the squandering of resources. The book addresses the evolution of MI5’s mandate which set out its role and functions and to a limited extent the lines of accountability, the surveillance targets of MI5, and the surveillance methods that it used for this purpose, with a focus in two chapters on MPs and lawyers, respectively; the purposes for which this information was used, principally to exclude people from certain forms of employment; and the accountability of MI5 or the lack thereof for the way in which it discharged its responsibilities under the mandate.


Author(s):  
Lisa M. Austin

This chapter argues that the relationship between private law and the rule of law has been underdeveloped, or ignored, by private law scholarship until recently. Indeed, until recently, there has been relatively little attention to what the rule of law, as a conceptual and critical framework, could bring to private law theory itself. Why this lacuna in the literature? The chapter offers two speculative reasons that take up some of the themes and concerns of the New Private Law. The first reason concerns the U.S. legal academy, while the second reason concerns private law theory in the commonwealth. The chapter then outlines potential critical pathways for reclaiming a rule-of-law perspective on private law that address some of the reasons for its underdevelopment. It also explains how a focus on the rule of law in general, and in relation to some of its specific commitments and virtues, provides an important critical lens in relation to understanding and responding to the way that private power operates in the twenty-first century within what can be called the “global data economy.”


2021 ◽  
pp. 43-75
Author(s):  
Ian Loveland

This chapter examines the various meanings that the ‘rule of law’ principle has been accorded in Britain’s post-revolutionary constitution. The chapter suggests that the idea of the ‘rule of law’ may be viewed as a vehicle for expressing ‘the people’s’ preferences about two essentially political issues. The first relates to the substance of the relationship between citizens and government. The second is concerned with the processes through which that relationship is conducted. More simply, the rule of law is concerned with what government can do—and how government can do it. This chapter analyses both the way in which the courts have addressed these issues in a series of seminal judgments, and also explores various critiques of the idea of the rule of law and the role it plays in the modern British constitution offered by legal theorists from the left, right, and centre of the mainstream political spectrum.


Legal Theory ◽  
2020 ◽  
Vol 26 (3) ◽  
pp. 214-249
Author(s):  
Oren Perez

AbstractOne of the most difficult challenges of mature legal systems is the need to balance the conflicting demands of stability and flexibility. The demand for flexibility is at odds with the principle of impartiality, which is considered a cornerstone of the rule of law. In the present article, I explore the way in which the law copes with this dilemma by developing the idea of tolerance of incoherence. I argue that tolerance of incoherence emerges from the interplay between the inferential and lexical-semantic rules that determine the meaning of legal speech acts. I base this argument on an inferential model of speech acts, which I develop through a discussion of graded speech acts, and on the idea that the use of speech acts is governed by multiple and potentially conflicting conventions. I show how this tolerance allows the law to resolve the tension between dynamism and traditionality, and discuss its sociological and moral implications.


2014 ◽  
pp. 173-194 ◽  
Author(s):  
Leila Brännström

Drawing on Security, Territory, Population and The Birth of Biopolitics, this article aims, firstly, to consolidate our understanding of Foucault’s engagement with law by fleshing out his approach to law and by clarifying that he distinguishes between different kinds of law on the basis of the objectives that law serves and the regime of truth that it embodies.  Secondly, using this understanding, the article proceeds to illustrate how the objectives and the regime of truth of the EU internal market law have been displaced in the last few decades.  It is argued that this body of law has increasingly come to perform the tasks of law in neoliberal government as pointed out by Foucault in these lectures, namely of expanding the domain of market values and mechanisms, and of restricting the exercise of legitimate government by opposing the rule of law to planning.  In this regard, particular attention is paid to the way in which justiciable rights function as a technology of neoliberal rule within the internal market.


2015 ◽  
Vol 3 (3) ◽  
pp. 212-216
Author(s):  
Zhifang Long

Cultivating modern citizen consciousness is the result of the development of the times in the process of construction of a modern country ruled by law. Besides, the construction of college students' citizen education not only needs to deal with a few relations from theory but also should create a good social environment of citizen in the practice of legal practice to strengthen college students’ civic awareness education.


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