The Rule of Law Index

2017 ◽  
pp. 200-222
Author(s):  
Milica Maricic ◽  
Milica Bulajic ◽  
Milica Vasilijevic
Keyword(s):  
Rule Of Law ◽  
Future Research ◽  
The Rule Of Law ◽  
Left Behind ◽  
Depth Analysis ◽  
Justice Program ◽  
Source Of Information ◽  
Distance Approach ◽  
Equal Weighting ◽  
Shed Light

The indicator-based scientific research has recently become a valuable source of information for policymakers, scholars and eventually, civil society. Many socioeconomic spheres are evaluated using composite indicators, whereas governance has not been left behind. Among several assessment measurements oriented on the rule of law and law enforcement, the Rule of Law Index devised by the World Justice Program stands out. Namely, it is a comprehensive and methodologically consistent index which measures the extent to which the countries follow the principles of the rule of law. However, the controversial question of the justification of its equal weighting scheme emerges. The presented study addresses this issue by applying the twofold I-distance approach to propose unbiased weights and an in-depth analysis of the index dynamics. Consequently, the aim of this paper is to scrutinize the Rule of Law Index and to shed light on its methodology. Furthermore, the proposed approach can serve as a foundation for future research on weighting schemes, which are enveloped with subjectivity.

The Courts, the Remote Hearing and the Pandemic: From Action to Reflection

2021 ◽  
Vol 44 (1) ◽  
Author(s):  
Michael Legg ◽  
Anthony Song
Keyword(s):  
Public Health ◽  
Rule Of Law ◽  
Empirical Data ◽  
Future Research ◽  
The Rule Of Law ◽  
The World ◽  
Data Gap

With the onset of the COVID-19 pandemic, courts around the world rapidly shifted to remote hearings. Balancing public health directives with the need to continue upholding the rule of law, what followed was the largest, unforeseen mass-pilot of remote hearings across the world. For courts this was necessarily a time of action, not reflection. However, after having maintained court operations, it is now necessary to reflect on the experience of remote courts and their users during an otherwise unprecedented situation. Unlike previous iterations of remote hearings, the COVID-19 experience was fully remote – whereby all participants took part in the hearing remotely. The difficulty is until now, almost no prior empirical data has existed on this type of fully remote hearing with the majority of previous research focused on the use of audiovisual links (‘AVLs’) to facilitate partially remote appearances within courtrooms. To bridge the research and data gap on fully remote hearings, this article draws on the previous body of literature to both examine the COVID-19 experience, and to assist in guiding future research and use of remote hearings.

scholarly journals Overtourism and tourismphobia

Tourism ◽  
2020 ◽  
Vol 68 (2) ◽  
pp. 156-169 ◽  
Author(s):  
Medéia Veríssimo ◽  
Michelle Moraes ◽  
Zélia Breda ◽  
Alan Guizi ◽  
Carlos Costa
Keyword(s):  
Core Collection ◽  
Web Of Science ◽  
Qualitative Approach ◽  
Future Research ◽  
Research Topics ◽  
The Past ◽  
Depth Analysis ◽  
Negative Impacts ◽  
Shed Light ◽  
The Web

This paper aims at examining how overtourism and tourismphobia are being approached as emergent research topics in current tourism literature. It conducts an analysis of 154 documents, indexed in the Web of Science (WoS) Core Collection and Scopus databases. The study follows a quantitative and qualitative approach, with the support of VOSviewer and HistCite softwares for a descriptive content analysis. The analysis focuses on highlighting important aspects in terms of the most frequent publication sources (authors and journals); co-citation, as well as dimensions and research streams; methodologies used; results obtained; and implications for future research. The literature review unveiled that the concepts of overtourism and tourismphobia are usually related to destinations’ development, negative impacts, and tourism policies and regulation. Results show that, although tourism excesses and conflicts have been studied for long, ‘overtourism’ and ‘tourismphobia’ have become usual terms, mainly within the past three years. Even though the adoption of the terms can be considered by some as a ‘trend’, the in-depth analysis of the topics shed light on how ‘old’ concepts can evolve to adapt to contemporary tourism issues. Further studies are needed in tracking the evolution of these topics and their implications on the future of tourism.

The Role and Development of the Ombudsman System in the Maghreb A ‘Measure’ of Democracy?

2019 ◽  
Vol 54 (7) ◽  
pp. 1066-1083
Author(s):  
Francesco Tamburini
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transition To Democracy ◽  
North African ◽  
The Rule Of Law ◽  
The World ◽  
Shed Light

The institution of the Ombudsman is aimed at defending values such as human rights and the respect for the rule of law against any form of abuse or arbitrariness. Many academic studies have been devoted to the Ombudsman in its different developments around the world, but not to the Maghreb area. This article wants to shed light on the characteristics of the Ombudsman in Algeria, Mauritania, Morocco and Tunisia. The comparative exam of the different North African Ombudsmen will point out how the institution was able to survive only in states where a transition to democracy was truly in place.

The importance of the political order for peace

2017 ◽  
Vol 9 (1) ◽  
pp. 24-37 ◽  
Author(s):  
Janja Mikulan Kildi ◽  
Victor Cepoi
Keyword(s):  
Rule Of Law ◽  
Sufficient Conditions ◽  
Theoretical Framework ◽  
Political Order ◽  
Political Factors ◽  
Content Type ◽  
The Rule Of Law ◽  
Depth Analysis ◽  
Fuzzy Set Analysis ◽  
Necessary And Sufficient

Purpose The purpose of this paper is to address the issue of security challenges in the selected states in Eurasia and Central and Eastern Europe from the perspective of peace and politics. Since the security situation differs significantly across the sub-regions under scrutiny, the main objective of the current research is to establish and test a theoretical model of relevant combinations of political factors and their relation to peace. The theoretical framework has been designed by following Fukuyama’s idea of political order and upgraded with the newly constructed index of social exclusion. Design/methodology/approach According to the objective and methodological gaps in this field, the paper applies comparative fuzzy set analysis. The method relies on the theoretical framework and empirical data and allows a constant communication between the two. It has allowed the research to focus on what conditions are necessary and/or sufficient for peace in the selected countries. Findings It is evident there are several different paths to achieve peace. However, the rule of law clearly constitutes both the necessary and sufficient conditions for peace in the selected regions. Moreover, the results of the research reveal that the concepts of interest are highly interlinked with each other, especially when it comes to the rule of law, state, and democratic accountability. Thus, further research should focus on in-depth analysis of each particular case to explore which conditions or combinations are decisive in particular setting. Originality/value Such findings can contribute to improving the areas where Eurasian countries are still lagging behind. Further research should focus on small but significant differences within these four groupings of countries, to improve the understanding of prerequisites for peace and contribute to the development of state and human security in the EU neighborhood.

scholarly journals Twelve Bottles of Whiskey

2014 ◽  
Vol 52 (1) ◽  
pp. 9
Author(s):  
Jack Watson
Keyword(s):  
Twentieth Century ◽  
United Kingdom ◽  
Thirteenth Century ◽  
Rule Of Law ◽  
Judicial Review ◽  
The Rule Of Law ◽  
Early Twentieth Century ◽  
Depth Analysis ◽  
History Of

This article provides an in-depth analysis of the history of certiorari and judicial review as it pertains to the rule of law. The article opens with a brief examination of the conviction of Nat Bell Liquors Ltd. during prohibition-era Edmonton in 1920, and explains how twelve bottles of whiskey brought about a sea change in the foundational law of Canada. The article details the development of judicial review,beginning in thirteenth century United Kingdom, noting its progression and change over the course of centuries. The article provides an account of certiorarias a replacement avenue where appeal is not available, and highlights notable Canadian jurisprudence from the early twentieth century to the present day.

Introduction

2017 ◽  
Author(s):  
Tobias Berger
Keyword(s):  
Rule Of Law ◽  
Methodological Approach ◽  
State Court ◽  
Translation Research ◽  
The Rule Of Law ◽  
Rural Bangladesh ◽  
Theoretical Account ◽  
Depth Analysis ◽  
International Donor ◽  
Donor Agencies

This chapter introduces the book’s central arguments as well as the theoretical account of norm translation that is developed through the in-depth analysis of contemporary donor-sponsored projects with village courts in rural Bangladesh. It opens with brief ethnographic accounts of a non-state court session and a courtyard meeting through which international donor agencies seek to promote transnational notions of the rule of law in rural Bangladesh. The chapter then outlines the overall argument of the book and its contributions to existing scholarship on the diffusion of norms and ideas as well as to research on non-state justice institutions and the rule of law. Subsequently, the chapter introduces Bangladesh’s recent political history, delineates the methodological approach, and reflects on the challenges of doing translation research. In conclusion, it outlines the overall structure of the book and summarizes the key arguments advanced in its individual chapters.

Transnational corporations in ‘bad states’: human rights duties, legitimate authority and the rule of law in international political theory

2009 ◽  
Vol 1 (1) ◽  
pp. 87-118 ◽  
Author(s):  
David Jason Karp
Keyword(s):  
Human Rights ◽  
Political Theory ◽  
Rule Of Law ◽  
International System ◽  
Transnational Corporations ◽  
Future Research ◽  
The Rule Of Law ◽  
Legal Rules ◽  
International Political Theory ◽  
Policy Analysts

From an international political theory perspective, this paper assesses the justifiability of ascribing human rights obligations, in the form of international or extraterritorial law, onto transnational corporations (TNCs). The major policy prescriptions in favour of extending human rights duties to include TNCs become deeply problematic when considered in light of advocates’ claims that human rights rules, rather than a sovereign’s legal rules, are necessarily the rules that are truly authoritative and/or in line with a ‘global rule of law’. This paper discusses concepts such as authority, human rights and the rule of law, and juxtaposes these concepts: firstly, with one another; secondly, with the legalstatus quoabout jurisdiction over companies; and thirdly, with corporations’de factotransnationality in the contemporary international system. This paper discusses key similarities and differences between companies, states, and individuals, and highlights the relevance of these distinctions to those agents’ potential human rights duties. This paper concludes by arguing that the ‘TNC and human rights’ project is well worth pursuing, but according to different theoretical foundations than those currently endorsed by legal and policy analysts, and it suggests important directions for future research.

Forfatterforeningens æresrett i historisk og juridisk kontekst

2021 ◽  
pp. 105-137
Author(s):  
Espen Søbye
Keyword(s):  
Rule Of Law ◽  
Second World War ◽  
Nazi Party ◽  
World War ◽  
The Rule Of Law ◽  
Nazi Occupation ◽  
War Criminals ◽  
The Government ◽  
Second World ◽  
Shed Light

The denazification of associations, organisations and unions is one of the lesser discussed topics from the aftermath of the Second World War. The trials against the supporters of the Nazi occupation, the Nazi leaders and war criminals have been discussed many times from many perspectives. The exclusion of members of the Norwegian Nazi party and others that sabotaged the resistance line and instead used the occupation years to personal gains of power and wealth, occurred in the organisations by the members without the use of the courtroom. In the organisations the members were both prosecutors and judges when the decisions were made; loss of membership or milder sanctions. The article argues that this was practising the freedom for the citizens to establish and to decide the rules of the organisation without the involvement of the state or other instances. The interest for these processes just after the war and how they were experienced by the members turned from low to high after the writers’ union apologized for the process on their 125 years anniversary meeting in 2018. At first the apology was positively received, but criticism also pointed out that the excuse for this group was not at all like other excuses to Jews, partisans and other victim groups by the government or other representants for the authority. The discussion about the matter shed light on questions about the rule of law for members of organisations and unions, and for the transition of the Norwegian society from occupied to free, from dictatorship to democracy.

scholarly journals Shared Tasks, but Separated Controls: Building the System of Control for Shared Administration in an EU Multi-Jurisdictional Setting

2019 ◽  
Vol 10 (3) ◽  
pp. 538-553
Author(s):  
Miroslava SCHOLTEN
Keyword(s):  
Rule Of Law ◽  
Future Research ◽  
Governance Structures ◽  
Relevant Research ◽  
Public Power ◽  
The Rule Of Law ◽  
Different Types ◽  
Multi Level ◽  
The Many ◽  
The Eu

In order to address “wicked problems”, complex, multi-level governance structures must be established. These structures in turn require sophisticated systems of controls over public power to safeguard the rule of law. This seems to have been ignored in EU legislative practice and relevant research. This article argues that future research and legislative design of controls over public power in the EU need to be guided by the principle of connecting, aligning and making interplay between relevant concepts, institutions, procedures and scopes of different types of control belonging to the many jurisdictions, whose actors are involved in the executing of (shared) tasks in the EU. Connecting the disciplines that study these issues is a necessary prerequisite to this endeavour.

scholarly journals The EU Rule of Law Initiative Towards the Western Balkans

2020 ◽  
Author(s):  
Andi Hoxhaj
Keyword(s):  
Rule Of Law ◽  
Green Light ◽  
Time Frame ◽  
Organised Crime ◽  
Western Balkans ◽  
Serbia And Montenegro ◽  
The Rule Of Law ◽  
Depth Analysis ◽  
Enlargement Strategy ◽  
The Eu

AbstractThe EU adopted a new enlargement strategy for the Western Balkans countries in 2018, provided a time frame for Serbia and Montenegro potentially to join the Union by 2025, and outlined the next steps for accession for Albania, Bosnia and Herzegovina, Kosovo, and North Macedonia. In March 2020, the EU gave the green light to the opening of accession talks with North Macedonia and Albania, and also introduced a new reformed ‘accession talks’ framework. The strengthening of the rule of law, fighting corruption and organised crime are the cornerstones of the EU-Western Balkans strategy of 2018 and the new accession talks framework of 2020. This article examines the latest enlargement policy developments in 2018–2020 by conceptualising how the EU promotes the rule of law in the Western Balkans thorough its new enlargement policy package. Furthermore, the article offers an in-depth analysis of the case of Albania, where the EU has experimented with some of its latest enlargement-policy ideas in regard to the rule of law. The article also offers some proposals and insights on how the EU rule of law initiative of 2018 can be improved, in order to become more transformative in strengthening the rule of law in countries of the Western Balkans.

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