Policy, Legality and Rule of law: The Jurisprudence Thinking for the Management Mode of Religious Affairs in China

2021 ◽  
Vol 21 ◽  
pp. 39-51
Author(s):  
Fei QIAO
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Church And State ◽  
Central Committee ◽  
Management Policy ◽  
Management Mode ◽  
Public Power ◽  
The Rule Of Law ◽  
Traditional Mode ◽  
Fourth Plenary Session

The management of religious affairs has the mode of “Policy”, “Legality”, “Rule of Law” and so on. In the past reformed 40 years, China's religious management policy has a consistent content, and the policy has always held the highest position in the management of religious affairs at all levels of government. Since the 1990s, religious administration has been "legalized" gradually. The implementation of the Religious Affairs Ordinance issued in 2004 marked the management mode of religious affairs in China entered the era that managing religious affairs according to regulations. In 2014, the Fourth Plenary Session of the 18th CPP Central Committee proposed "Integration Building for Rule of Law Country, Rule of Law Government and Rule of Law Society ". In 2016, the National Conference on Religious Work proposed “Improving the Rule of Law in Religious Work ", Rule of Law has become the goal of religious affairs management. Rule of law in religion has factors such as "Rights Protection”, “Separation of Church and State ","Public Power Restriction" and so on. The management of religious affairs in China needs to go beyond the traditional mode such as "Policy" and "Legality". The "Rule of Law" mode of Good Law and Good Governance is the inevitable choice.

The Economy in the Constitution: An Appraisal of Kenya’s 2010 Constitution as an Economic Charter

2020 ◽  
Vol 2020 ◽  
pp. 1-30
Author(s):  
Eric Kibet
Keyword(s):  
Rule Of Law ◽  
Private Property ◽  
Good Governance ◽  
Economic Governance ◽  
Public Power ◽  
The Rule Of Law ◽  
Labour Relations ◽  
Power Maps ◽  
Political Governance ◽  
Significant Attention

The idea of constitutions as instruments of political governance or ‘power maps’ is well established. Constitutions set down the foundation for political governance, establish organs of the state, allocate them power, define their relationships inter se, and most importantly, limit public power. The conception of constitutions as instruments of economic governance has not received as much scholarly attention. The lack of constitutionalism and rule of law has tended to coexist with poor economic prospects in Kenya and elsewhere in Africa, suggesting a link between them. This has made the question of whether constitutions and the idea of constitutionalism can contribute to better economic governance besides political governance, more important. While it cannot be assumed that the stipulations in a constitution on economic governance automatically translate into good governance and economic growth, such provisions are nonetheless important as they provide an encouraging impetus for sound economic governance that is indispensable in achieving growth and development. This article appraises Kenya’s Constitution as an economic charter that dedicates significant attention to regulating economic affairs through setting a foundation for the country’s economic orientation, protecting private property and enterprise, securing the rule of law and good governance, including economic governance, and making provisions on other economic concerns such as labour relations, consumer protection and competition.

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

Good Governance

2019 ◽  
Author(s):  
Henk Addink
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Good Governance ◽  
National Level ◽  
Administrative Law ◽  
Modern State ◽  
The Rule Of Law ◽  
The Third ◽  
Legal Perspective ◽  
Further Development

The pivotal aim of this book is to explain the creation, development, and impact of good governance from a conceptual, principal perspective and in the context of national administrative law. Three lines of reasoning have been worked out: developing the concept of good governance; specification of this concept by developing principles of good governance; and implementation of these principles of good governance on the national level. In this phase of further development of good governance, it is important to have a clear concept of good governance, presented in this book as the third cornerstone of a modern state, alongside the concepts of the rule of law and democracy. That is a rather new national administrative law perspective which is influenced by regional and international legal developments; thus, we can speak about good governance as a multilevel concept. But the question is: how is this concept of good governance further developed? Six principles of good governance (which in a narrower sense also qualify as principles of good administration) have been further specified in a systematic way, from a legal perspective. These are the principles of properness, transparency, participation, effectiveness, accountability, and human rights. Furthermore, the link has been made with integrity standards. The important developments of each of these principles are described on the national level in Europe, but also in countries outside Europe (such as Australia, Canada, and South Africa). This book gives a systematic comparison of the implementation of the principles of good governance between countries.

The Clinton Administration and Africa: A View from Nairobi, Kenya

1998 ◽  
Vol 26 (2) ◽  
pp. 70-74
Author(s):  
Korwa G. Adar
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Rule Of Law ◽  
Driving Force ◽  
Good Governance ◽  
Clinton Administration ◽  
African Continent ◽  
Post Cold War ◽  
The Rule Of Law ◽  
Human Rights Movement

There is nothing more fundamental to Africans who are concerned with the future of the African continent than the issues of democracy, human rights, good governance, and the rule of law. These basic human liberties, among other concerns, constitute the central driving force behind what is often referred to as Africa’s “second liberation.” The primary purpose of this article is to assess the Clinton administration’s role in this second liberation, particularly in terms of its involvement in issues of democracy and human rights. This assessment is offered from the perspective of an individual who has been directly involved in the prodemocracy and human rights movement in Kenya. This article focuses on whether the Clinton administration’s policies are still heavily influenced by classic U.S. conceptions of realpolitik, or if enlightened leadership more in line with a neo-Wilsonian idealpolitik—as official rhetoric suggests—has permitted a fundamental departure in favor of a more coherent and tangible democracy and human rights foreign policy stance in the post-Cold War era.

scholarly journals The Region Governance Review of Barru Regency to Actualize Good and Clean Governments

2020 ◽  
Vol 1 (2) ◽  
pp. 61-69
Author(s):  
Aksah Kasim ◽  
Andi Heridah
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Regional Governance ◽  
Regional Autonomy ◽  
The Rule Of Law ◽  
Strategic Vision ◽  
The Government

The factors of the region governance review of Barru regency to actualize good governance and clean government are the region the government have not applied the equity properly and optimally, uphold the rule of law, worked effectively, effectiveness, and accountability, and formulated and implemented the strategic vision. This study is expected to explain, find, and describe the regional governance review in Barru Regency to actualize for good governance and clean government in the implementation of regional autonomy.

The Rule of Law and Good Governance

2019 ◽  
pp. 75-90
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Common Law ◽  
The State ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
Judicial Control ◽  
The Common ◽  
The Government ◽  
Continental Tradition

The concept of the rule of law has different—common law and continental—historical roots and traditional perspectives. The common law tradition is more focused on limiting the powers of the state, whereas the continental tradition focuses on not just to limit but also to empower the government. But both systems have a focus on the rule of law. The rule of law in the classical liberal tradition is based on four elements: legality, division and balance of powers, independent judicial control, and protection of fundamental rights. The differences between rule of law and rechtsstaat are: different concepts of the state, mixed legal systems and different approaches of a constitution, and different perspectives on human rights. There are two levels of development: a model in which law is a way of structuring and restricting the power of the state, the second level is more subjective and has important individual positions. The concept of good governance related to these developments makes clear the need to broaden the concept of the rule of law.

An Overview of Good Governance

2019 ◽  
pp. 15-24
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Administrative Law ◽  
The State ◽  
Institutional Framework ◽  
The Rule Of Law ◽  
Administrative Legislation ◽  
The Government

Good governance is needed because of legislative gaps, prevention of corruption, maladministration, and mismanagement, and fragmentation of administrative law norms. The concept of good governance has been developed in addition to aspects which can already be found in the rule of law and democracy concepts but are also related to the institutional framework of the government. The term ‘government’ is used for all the powers in the state; the administration is only one of these powers. These powers must fulfil certain norms, principles which sometimes are unwritten and developed by the judiciary or the ombudsman but more and more codified in the frame of the general (administrative) legislation. All the institutions of the government are involved in the development of these principles of good governance. There is not only a separation between the powers of the state, but more and more there are interactions between these powers in the development of principles of good governance and, hence, there is a balance between these principles. Therefore, there are different producers and sources of good governance.

UN Peacekeeping and the Rule of Law

2020 ◽  
pp. 1-18 ◽  
Author(s):  
ROBERT A. BLAIR
Keyword(s):  
Economic Growth ◽  
Rule Of Law ◽  
Good Governance ◽  
Law Reform ◽  
The Rule Of Law ◽  
Un Peacekeeping ◽  
The Impact ◽  
The Relationship

The UN is intimately involved in efforts to restore the rule of law in conflict and postconflict settings. Yet despite the importance of the rule of law for peace, good governance, and economic growth, evidence on the impact of these efforts is scant. I develop a theory to explain when UN rule-of-law reform is likely to succeed, then test the theory using original datasets capturing the number of civilian personnel deployed to each UN mission in Africa, the number of personnel assigned specifically to rule-of-law-related tasks, and the extent and nature of actual rule-of-law-related activities in the field. The correlation between UN presence and the rule of law is weak while conflict is ongoing, but robustly positive during periods of peace. The relationship is stronger for civilian than uniformed personnel, and is strongest when UN missions engage host states in the process of reform.

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