scholarly journals The Factors of Constitutional Support for the Rule of Law in the System of Public Authorities

2022 ◽  
Vol 18 ◽  
pp. 182-190
Author(s):  
Mykola M. Stadnyk ◽  
Serhii B. Chekhovych ◽  
Hanna S. Yermakova ◽  
Valeriy V. Kolyukh ◽  
Ilkin S. Nurullaiev
Keyword(s):  
Rule Of Law ◽  
Graphical Model ◽  
Fundamental Rights ◽  
Public Authorities ◽  
Middle Income ◽  
The Rule Of Law ◽  
Middle Income Countries ◽  
Graphical Comparison ◽  
High Level ◽  
The Impact

The article examines the factors that ensure the constitutional provision of the rule of law in the system of public authorities. The aim of this study was to analyse the factors that ensure the constitutional provision of the rule of law in the system of public authorities. The constitutional design provides for the creation of rational structures for the functioning of public authorities, which should ensure democratic standards, economic development, anti-corruption policy by implementing the principles of the rule of law. The study used data on indicators that describe the state of the rule of law (Rule of Law Index), democracy (Democracy Index) and corruption (Corruption Perceptions Index). Methods of graphical comparison, scattering diagrams, classification of countries by categories were used. A graphical model of the dependence of the rule of law on the development of democracy and perceptions of corruption for 25 European countries is built on the basis of these factors. It is proved that the studied indicators are dependent: countries with a high Rule of Law Index (high level of restrictions on the powers of government institutions, protection of fundamental rights, law enforcement, security) have a high Corruption Perceptions Index (high level of anti-corruption) and Democracy Index. It is concluded that it is necessary to develop the constitutional provision of the rule of law by strengthening democratic values, improving economic growth and competitiveness, increasing control over corruption. Further research should analyse the impact of rule of law factors in low- and middle-income countries.

scholarly journals On Heaven’s Lathe: State, Rule of Law, and Economic Development

2015 ◽  
Vol 8 (1) ◽  
Author(s):  
Ding Chen ◽  
Simon Deakin
Keyword(s):  
Rule Of Law ◽  
Market Exchange ◽  
Limiting State ◽  
Middle Income ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Middle Income Countries ◽  
Shareholder Protection ◽  
Private Interests ◽  
Path Dependent

AbstractWe propose a theoretical framework for understanding the evolution of the rule of law state, which is conceived as the equilibrium of a societal game in which actors accept the legitimacy of publicly enunciated legal rules. A meta-norm of respect for the sovereign legal power of the state is not self-forming on the basis of private conduct, but requires the coevolution of impersonal market exchange with effective state capacity to constitute and regulate markets. A functioning legal system must acquire the means not just to control private power but to constrain other organs of government. The emergence of such a ‘self-limiting state’ is an historical process which, while complementary to a market order, is also contingent and path-dependent, and is not preordained. Illustrating our argument with empirical evidence drawn from the contemporary experience of middle-income countries, with a focus on China, we argue that alternatives to the rule of law state, including interpersonal trust, closed networks and authoritarian political control, can only achieve limited scale and scope effects, and are prone to high deadweight costs arising from corruption and the capture of the public sphere by private interests. We also discuss the potential of transplants of legal rules and institutions to catalyse the transition to impersonal trade based on the rule of law, and present evidence, from time-series econometric analysis, that the diffusion of shareholder protection laws has the potential to support financial development in emerging markets. Evolution towards the rule of law state is, we conclude, one possible developmental path for middle-income countries.

scholarly journals Federal Democratic Republic of Nepal: An Assessment of the Rule of Law

2021 ◽  
Vol 21 ◽  
pp. 1-8
Author(s):  
Than Bahadur Chhetri
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
Democratic Republic ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
State Institutions ◽  
Independent Judiciary ◽  
The Government ◽  
High Level ◽  
Online Sources

The Rule of law, a set of principles of governance, apply to all individuals, organizations and the government itself. Democracy is a political system governed by the rule of law. No rule of law means no democratic future. This paper aims to assess the state of the rule of law under the new political setup, taking the rule of law as dependent variable and fundamental rights, corruption, open parliament and independent judiciary as independent variables. To measure the rule of law, necessary information was collected from printed and online sources. A federal democratic republic can grow healthy only when there exists the rule of law and efficient state institutions. The fundamental problems in strengthening the rule of law obstructed by the tendency of personalization and frequent intervention in state institutions, high level of corruption at policy level, poor legislative bill formulation, the controversial appointing process of the judges and the political dominations. The acceptance of international norms to address the justice and to promote human rights, adhering to the principle of inclusion and equality, maintaining transparency rule in the appointment in various constitutional bodies and keeping out of executive influence to maintain impartial and independent institutions can help in strengthening the rule of law. 

scholarly journals Assessment of the Impact of Environmental Pollution on Economic Growth

2017 ◽  
Vol 9 (3) ◽  
pp. 68-80
Author(s):  
Olga Kudryavtseva ◽  
E. . Ivanov ◽  
D. . Kolesnik ◽  
E. . Matveev ◽  
S. . Pechenkin ◽  
...  
Keyword(s):  
Economic Growth ◽  
Environmental Pollution ◽  
World Bank ◽  
Turning Point ◽  
Middle Income ◽  
Middle Income Countries ◽  
Econometric Methods ◽  
The World Bank ◽  
High Level ◽  
The Impact

The work is devoted to testing the hypothesis of the existence of an inverted U-shaped dependence of economic growth on the level of environmental pollution, which was based on the concept of the ecological curve of Kuznets. The authors, using econometric methods and data from the World Bank, show that the hypothesis is correct: there is a turning point between the positive and negative nature of the dependence of economic growth on the level of CO2 emissions. The hypothesis is confirmed for low- and middle-income countries, and the dependence is linear negative for countries with a high level of income. Based on the results, the authors formulate recommendations on environmental regulation in accordance with the level of the country's economic development.

scholarly journals Break or Bend in Case of Emergency?: Rule of Law and State of Emergency in European Public Health Administration

2019 ◽  
Vol 10 (4) ◽  
pp. 610-634 ◽  
Author(s):  
Filipe Brito BASTOS ◽  
Anniek DE RUIJTER
Keyword(s):  
Public Health ◽  
Rule Of Law ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Health Administration ◽  
The Rule Of Law ◽  
Public Health Emergencies ◽  
European Public ◽  
The Impact ◽  
The Eu

In this article, we ask what the impact is of the role of the EU administration in responding to emergencies in terms of (changes to) the rule of law. A response to an emergency in some cases creates exceptions to rule of law guarantees that bind the authorities to procedural rules and fundamental rights. These exceptions can become more permanent and even change the constitutional order of the EU. We articulate the legal framework for health emergencies, and discuss how the EU court has interpreted and developed this framework in two key decisions. We then ask whether this framework offers adequate safeguards for upholding the rule of law in cases of major health emergencies. We conclude that public health emergencies can bend and even break rule of law requirements for the EU administration, and advocate for more legal guidance on proportionality, which may offer better safeguards suited for protecting the rights of affected parties.

scholarly journals Access to Water and Sanitation Services in Brazilian Vulnerable Areas: The Role of Regulation and Recent Institutional Reform

Water ◽  
2021 ◽  
Vol 13 (6) ◽  
pp. 787 ◽  
Author(s):  
Daniel Antonio Narzetti ◽  
Rui Cunha Marques
Keyword(s):  
Universal Access ◽  
Institutional Reform ◽  
Public Authorities ◽  
Water And Sanitation ◽  
Middle Income ◽  
Sanitation Services ◽  
Middle Income Countries ◽  
Access To Water ◽  
The Impact

Access to water and sanitation services (WSSs) in low- or middle-income countries is constrained by the poverty and vulnerability conditions of the population. In this context, it is urgent to establish public policies for WSSs that will increase the economic access to these services so that they will be more comprehensive and comprise the entire population, ensuring a balance between social and financial objectives. This paper contributes to a better understanding of the provision of WSSs in vulnerable areas and of the difficulty in achieving universal access using Brazil as a case study. The role of regulation in the provision of WSSs in vulnerable areas and the impact of the recent institutional reform that took place last year in that country is discussed. The different experiences analyzed provide interesting lessons that contribute to the improvement of the Brazilian status quo and that, at the same time, can be good practices that can be applied in other countries. One of the main conclusions of this research is related to the contributions that regulation should provide in the universalization of WSSs, mainly when the provision of these services is ruled by a contract. Furthermore, we observed that public authorities have resigned their role in this scope and that they must be more effective and, particularly, more proactive so that universalization can be achieved.

scholarly journals Komentarz na kanwie Uchwały Naczelnego Sądu Administracyjnego I FPS 1/21 – sądowa kontrola instrumentalnego wszczęcia postępowania karnego skarbowego a prawo do sądu

2021 ◽  
Vol 3 (31) ◽  
pp. 151-162
Author(s):  
Adam Szymacha ◽  
Kamil Rogalski
Keyword(s):  
Rule Of Law ◽  
Comparative Law ◽  
Case Law ◽  
Fair Trial ◽  
Fundamental Rights ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Legal Method ◽  
The Right ◽  
The Impact

The purpose of the article/hypothesis: The presented article focuses on a new resolution of the Supreme Administrative Court I FPS 1/21. In this resolution an assessment of instrumental initiation of criminal fiscal proceedings in order to suspend the running of the limitation period of a tax liability has been undertaken. The Supreme Administrative Court assessed that administrative courts have the right to examine the legitimacy of initiation of such proceedings. This position is important insofar as it also touches upon the issue of the right to a fair trial, as well as the right to property and legal certainty. The main aim of this article is to check the impact of this resolution on described fundamental rights. Methodology: This article will use the comparative law method. Especially the case law of different courts will be shown. The dogmatic-legal method will also be used as an auxiliary. Results of the research: This resolution is crucial for the fundamental right for fail trial. It has also impact on the right to property and principle of legal certainity. It may also be some element that strengthens the rule of law.

scholarly journals EU Equality Law

2018 ◽  
Author(s):  
Elise Muir
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
Domestic Sphere ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Central Case ◽  
New Generation ◽  
The Impact ◽  
The Eu

In the early days, a choice was made not to entrust the EU with competences allowing it to protect against violations of fundamental rights per se. This task was placed in the hands of the Council of Europe. Although this choice has not been called into question, the EU has developed a broad range of instruments to respond to the impact of its activities on fundamental rights and a mechanism for surveillance of compliance with the rule of law. One trend that has been subject to little attention, and to which this book is devoted, is the exercise by the EU of a new generation of competences that allow for the development of tools explicitly designed to flesh out as well as to promote selected fundamental rights. The exercise of such competences, of which EU equality law as it has blossomed since the late 1990s is the most ancient example and therefore the central case study, triggers a number of constitutional questions. The sophisticated and powerful infrastructure of the EU legal order is thereby used to promote a given conception of a fundamental right, to define how it relates to others, and also to elaborate mechanisms for these approaches to permeate domestic legal cultures. This monograph explores the implications of this very symbolic and equally sensitive form of law-making. Particular attention is devoted to the complex relationship between primary and secondary law as well as to the importance of stimulating reflection on fundamental rights within the domestic sphere.

scholarly journals THE RULE OF LAW AND INFLATION IN THE MIDDLE-INCOME COUNTRIES

2020 ◽  
Vol 2 (33) ◽  
pp. 386-399
Author(s):  
V. O. Shevchuk ◽  
V. Blikhar ◽  
D. Zabzaliuk ◽  
N. Tataryn
Keyword(s):  
Rule Of Law ◽  
Middle Income ◽  
The Rule Of Law ◽  
Middle Income Countries

The Impact of Covid 19 on Pregnant Women and Child Health

2020 ◽  
Vol 11 (SPL1) ◽  
pp. 1367-1373
Author(s):  
Nikhil Sanjay Mujbaile ◽  
Smita Damke
Keyword(s):  
Social Issues ◽  
Middle Income ◽  
Web Based ◽  
Middle Income Countries ◽  
Low Middle Income Countries ◽  
The Social ◽  
Social Separation ◽  
The Impact ◽  
And Child Health ◽  
General Wellbeing

The Covid illness (COVID-19) pandemic has spread rapidly all through the world and has had a drawn-out impact. The Pandemic has done incredible damage to society and made genuine mental injury to numerous individuals. Mental emergencies frequently cause youngsters to deliver sentiments of relinquishment, despondency, insufficiency, and fatigue and even raise the danger of self-destruction. Youngsters with psychological instabilities are particularly powerless during the isolate and colonial removing period. Convenient and proper assurances are expected to forestall the event of mental and social issues. The rising advanced applications and wellbeing administrations, for example, telehealth, web-based media, versatile wellbeing, and far off intuitive online instruction can connect the social separation and backing mental and conduct wellbeing for youngsters. Because of the mental advancement qualities of youngsters, this investigation additionally outlines intercessions on the mental effect of the COVID-19 Pandemic. Further difficulties in Low Middle-Income Countries incorporate the failure to actualize successful general wellbeing estimates, for example, social separating, hand cleanliness, definitive distinguishing proof of contaminated individuals with self-disconnection and widespread utilization of covers The aberrant impacts of the Pandemic on youngster wellbeing are of extensive concern, including expanding neediness levels, upset tutoring, absence of admittance to the class taking care of plans, decreased admittance to wellbeing offices and breaks in inoculation and other kid wellbeing programs. Kept tutoring is critical for kids in Low Middle-Income Countries. Arrangement of safe situations is mainly testing in packed asset obliged schools. 

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

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