scholarly journals The Role of Civil Society in Protecting Judicial Independence in Times of Rule of Law Backsliding in Poland

2021 ◽  
Vol 17 (2) ◽  
pp. 56-69
Author(s):  
Barbara Grabowska-Moroz ◽  
Olga Śniadach
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Judicial Independence

scholarly journals The Role of Specialized Civil Society in Challenge Corruption with Glance to I.R.I

2017 ◽  
Vol 7 (3) ◽  
pp. 174
Author(s):  
AmirNezam Barati ◽  
Ali Babayee Mehr ◽  
Mohsen Sharifi
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Good Governance ◽  
Efficiency And Effectiveness ◽  
United Nations Convention ◽  
The Law ◽  
In Transit ◽  
And Control ◽  
Civil Societies

Combating against corruption is one of the most important factors for establishing Good Governance. Corruption is a social, political and economic phenomenon that defect the democratic institutions and stop establishing good governance. This study using analytical – descriptive, analyses the role of civil society in combat corruption with glance to I.R.IFindings of this study show that the role of special civil societies has remarkable efficiency and effectiveness in combat corruption. In challenging corruption different actor such as government, private sector and specialized civil society have function, but the role of civil societies is more effective than others.In relating to the I.R.I actions against corruption, the country enacted different laws such as the law of access to information, the Law of United Nations Convention against Corruption and this process will send a clear message that the country is determined to prevent and control corruption. In pathology of corruption in I.R of Iran the concentration on fighting against corruption, is concentrated on "The Staff of Combat against Economic Corruption" and civil society don’t have effective or remarkable role to fight against this abnormality and this Staff is most important centers to harmonize the actions against corruption. Finally, the most important causes of corruption in every developing Nations in Transit such as Iran are big government and interference of Government in economy, the weakly embedded rule of law, the ineffective and inefficient of government policy, lack of accountability and institutional transparency.

scholarly journals The Current Political Challenges to the Mexican Democratisation Process

2019 ◽  
Vol 24 ◽  
pp. 87-113
Author(s):  
Lisdey Espinoza Pedraza
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
Rule Of Law ◽  
Political Society ◽  
The Rule Of Law ◽  
Institutional Revolutionary Party ◽  
Current State ◽  
Revolutionary Party

This paper will attempt to answer what the current state of contemporary democracy in Mexico is after the return of the Institutional Revolutionary Party (PRI) to the presidency by analysing the role of Civil Society, Political Society and the Rule of Law from 2012 to 2018. This paper will also explore if the party’s return was indeed a step backwards in the process of Mexican democratisation, or whether it was simply another step on a long road in which the various political parties alternate power. In 2018, Mexico elected its new president for the next consecutive 6 years along with a fair number of congressional seats and local gubernatorial posts, an election that again put Mexican democracy through a difficult test.

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis.

2021 ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Judicial Independence ◽  
The Rule Of Law ◽  
European Dimension

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis is not a typical celebratory book offered to the dedicatee for an academic jubilee. The studies offered to Professor Mirosław Wyrzykowski present the readers with essays analysing the most pressing problems of modern constitutionalism in its European dimension. The primary themes of the book are topics dear to Wyrzykowski: the rule of law, human rights, the crooked paths of European constitutionalism, and last, but not least, one that binds them all: judicial independence and judicial review, as well as the role of the courts in upkeeping the rule of law.

13. The judiciary

2021 ◽  
pp. 303-326
Author(s):  
Anne Dennett
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Judicial Independence ◽  
Judicial Power ◽  
Executive Power ◽  
The Rule Of Law ◽  
External Influences ◽  
Political Interference ◽  
The Uk

This chapter examines the role of the judiciary in the UK constitution, the critically important concepts of judicial independence and neutrality, accountability of judges, and judicial power. The UK courts administer justice; uphold the rule of law; and act as a check on executive power. Judicial independence requires that judges should be free from external influences in their decision-making, and make decisions without political interference or fear of reprisal. Meanwhile, judicial neutrality means that judges should determine legal disputes impartially, objectively, and solely by applying the law. At first sight, judicial accountability seems inconsistent with being independent, but it is essential that the judiciary adheres to the highest standards in carrying out its functions. In the absence of a codified constitution, the boundaries of judicial power operate within a framework of constitutional principles and conventions, but there is debate over the limits of that power.

THE ROLE OF CIVIL SOCIETY IN THE CONTEXT OF THE INTEGRATION OF CENTRAL ASIA

2021 ◽  
Vol 2 (1) ◽  
pp. 34-42
Author(s):  
Sanjar Saidov ◽  
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Scientific Article ◽  
Social Partnership ◽  
The Rule Of Law ◽  
Political Processes ◽  
Central Asian ◽  
Political Cooperation ◽  
Asian Integration

Today socio-political processes in the world pose a number of urgent problems for the region and countries. Along with governments, civil society is also actively involved in many issues, including security, poverty prevention, countering global threats, climate change and solving environmental problems, as well as ensuring democracy and the rule of law. As states participate in mutual political cooperation and integration, civil society will also expand its participation in these processes based on the principle of social partnership. In this context, a truly civil society plays an important role in the process of cooperation, including the integration of the Central Asian region.This scientific article analyzes the results of a sociological survey conducted among scientists and researchers working in all countries of the region, on the topic "The role and participation of civil society in the context of Central Asian integration

Judicial Independence: The Politics of the Supreme Court in Mexico

2000 ◽  
Vol 32 (3) ◽  
pp. 705-735 ◽  
Author(s):  
PILAR DOMINGO
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Political System ◽  
Judicial Independence ◽  
Constitutional Reform ◽  
Constitutional Rule ◽  
Dominant Party ◽  
The Supreme Court ◽  
The Relationship

This article examines the role of the Supreme Court in the development of the Mexican political system. The judiciary provided an important source of regime legitimation, as it allowed for the consolidation of a state of legality and a claim to constitutional rule of law, at least in discourse. However, the judiciary was in effect politically subordinated to the logic of dominant party rule through both specific constitutional reforms since 1917 that weakened the possibility of judicial independence and a politics of institutional and political co-optation. The constitutional reform of 1994 has significantly altered the nature of the relationship between the executive and the Supreme Court.

scholarly journals Role of formal and informal institutions in the civil society development

2020 ◽  
Vol 2 ◽  
pp. 7-18
Author(s):  
Sergey Zyryanov ◽  
◽  
Anatoly Lukin ◽  
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Informal Institutions ◽  
The Political ◽  
The Rule Of Law ◽  
Social Sphere ◽  
Institutional Approach ◽  
Formal And Informal Institutions ◽  
Ways Of Thinking

Today, scientific discussions on the specifics of the development of civil society in Russia do not stop. The institutional approach allows us to look at this problem through the prism of formal and informal institutions existing in society. Researchers and practitioners should not focus only on the rule of law, official prescriptions and orders, setting the framework for interactions between authorities and citizens, promoting private initiatives, and realizing the rights and freedoms of the population. If they do not correspond to the prevailing norms, stereotypes, ways of thinking and actions for centuries, then the most useful, at first glance, innovations in the political and social sphere may not take root. This does not mean, however, that informal institutions remain unchanged under any circumstances. They also evolve. This process can be targeted. It is important to understand all the actors involved in the development of civil society in our country.

13. The judiciary

2019 ◽  
pp. 288-310
Author(s):  
Anne Dennett
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
Judicial Independence ◽  
Judicial Power ◽  
Executive Power ◽  
The Rule Of Law ◽  
External Influences ◽  
Political Interference ◽  
The Uk

This chapter examines the role of the judiciary in the UK constitution, the critically important concepts of judicial independence and neutrality, accountability of judges, and judicial power. The UK courts administer justice; uphold the rule of law; and act as a check on executive power. Judicial independence requires that judges should be free from external influences in their decision-making, and make decisions without political interference or fear of reprisal. Meanwhile, judicial neutrality means that judges should determine legal disputes impartially, objectively, and solely by applying the law. At first sight, judicial accountability seems inconsistent with being independent, but it is essential that the judiciary adheres to the highest standards in carrying out its functions. In the absence of a codified constitution, the boundaries of judicial power operate within a framework of constitutional principles and conventions, but there is debate over the limits of that power.

Part VI Constitutional Theory, D The Role of Constitutional Principles in Canadian Constitutional Law, Ch.48 The Rule of Law, the Separation of Powers and Judicial Independence in Canada

2017 ◽  
Author(s):  
Newman Warren J
Keyword(s):  
Rule Of Law ◽  
Constitutional Law ◽  
Separation Of Powers ◽  
Judicial Independence ◽  
Constitutional Theory ◽  
First Principle ◽  
The Rule Of Law ◽  
Administrative Action ◽  
Parliamentary Sovereignty

This chapter considers the meaning, scope, and application of three constitutional principles of surpassing importance in Canada. The rule of law is foundational to Canada’s constitutional framework and may properly be characterized as the first principle of Canadian constitutional law. It is linked to, and in some respects, forms the underpinning for other fundamental principles, including constitutionalism, federalism, democracy, and parliamentary sovereignty. As the latter principles are the focus of chapters by other commentators in this Handbook, this chapter will examine the rule of law primarily in relation to the separation of powers and judicial independence. The principle of judicial independence is also essential to the functioning and structure of the Constitution, given the role the courts are called upon to play in policing the constitutional limits of legislative power and administrative action. The separation of powers is still an emerging principle in Canada, but also increasingly viewed as fundamental.

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