The Fight Against Corruption

Author(s):  
Ranieri Razzante

Corruption, generally speaking, can be defined as “abuse of power for private gain” that can be classified as grand, petty, and political, depending on the amounts of money lost and the sector where it occurs. Therefore, it is a phenomenon that compromises rule of law, weakens public institutions and democracy, impacting negatively on productivity and economy. Indeed, because of all these implications, it can be analyzed stressing social, economic, politic, or legal perspectives. These features have allowed experts from different fields to investigate the phenomenon, which does not exclusively concern conduct punishable by criminal law, but also conduct that can be considered just an “expression of maladministration” in both the public and private sectors. This chapter seeks to address the legal aspect of corruption. In particular, it overviews the main anti-corruption measures international community has adopted in recent years. By showing the evolution and steps that led to the actual treaty situation, the Authors offer a hint on the goals achieved and those to be achieved.

Author(s):  
Ethan J. Leib ◽  
Stephen R. Galoob

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.


2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Rafael Viana Ribeiro

Legal reasoning is increasingly quantified. Developers in the market and public institutions in the legal system are making use of massive databases of court opinions and other legal communications to craft algorithms to assess the effectiveness of legal arguments or predict court judgments; tasks that were once seen as the exclusive province of seasoned lawyers’ obscure knowledge. New legal technologies promise to search heaps of documents for useful evidence, and to analyze dozens of factors to quantify a lawsuit’s odds of success. Legal quantification initiatives depend on the availability of reliable data about the past behavior of courts that institutional actors have attempted to control. The development of initiatives in legal quantification is visible as public bodies craft their own tools for internal use and access by the public, and private companies create new ways to valorize the “raw data” provided by courts and lawyers by generating information useful to the strategies of legal professionals, as well as to the investors that re-valorize legal activity by securitizing legal risk through litigation funding.


Author(s):  
John Child ◽  
David Ormerod

This chapter deals with general complete defences that the accused can use to avoid liability. The focus is on defences that can apply (with one exception) to offences throughout the criminal law and will result in the accused’s acquittal. Five kinds of general complete defences are examined: insanity (as a defence), duress by threats, duress by circumstances, the public and private defence (also known as self-defence), and necessity. The chapter first considers the categorical division between excuses and justifications, before explaining the elements of each of the defences in turn. It then outlines potential options for legal reform concerning individual defences and concludes by discussing the application of the general defences to problem facts. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.


Author(s):  
Zainal Arifin Hoesein

<p>Materi muatan hukum selayaknya mampu menangkap aspirasi masyarakat yang tumbuh dan berkembang bukan hanya yang bersifat kekinian, melainkan sebagai acuan dalam mengan Ɵ sipasi perkembangan sosial, ekonomi, budaya dan poli Ɵ k di masa depan. Norma hukum pada dasarnya inheren dengan nilai-nilai yang diyakini oleh masyarakat, tetapi daya kekuatan keberlakuan hukum, Ɵ dak dapat melepaskan diri dari kelembagaan kekuasaan, sehingga hukum, masyarakat dan kekuasaan merupakan unsur dari suatu tatanan masyarakat. Oleh karena itu, Hukum Ɵ dak sekedar dipahami sebagai norma yang menjamin kepasa Ɵ an dan keadilan tetapi juga harus dilihat dari perspek Ɵ f kemanfaatan. Oleh karena itu, maka pembentukan hukum dalam perspek Ɵ f pembaruan hukum harus difokuskan pada dua hal yaitu, sistem hukum dan budaya hukum. Tulisan ini akan membahas bagaimana idealisasi peraturan perundang-undangan; bagaimana fungsi peraturan perundang-undangan dalam pembangunan hukum; dan bagaimana pendekatan metodologis terhadap pembentukan hukum. Dari berbagai pembahasan tersebut disimpulkan bahwa pembentukan hukum dalam perspek Ɵ f pembaharuan hukum, di samping harus memperha Ɵ kan aspek metodologis, juga harus merujuk dan meletakkan norma hukum dalam kesatuan harmoni ver Ɵ kal dengan aspek teologis, ontologis, posi Ɵ vis Ɵ k dan aspek fungsional dari suatu norma hukum.</p><p>The substance of the law should be able to capture the aspira Ɵ ons of the people who grow and develop not only be present, but as a reference in an Ɵ cipa Ɵ on of the social, economic, cultural and poli Ɵ cal future. The rule of law is essen Ɵ ally inherent to the values that are believed by the public, but the validity of the power of the law, not to break away from the ins Ɵ tu Ɵ onal power, so the law, society and power is an element of a society. Therefore, the law does not merely understood as a norm that ensures certainty and jus Ɵ ce but also to be seen from the perspec Ɵ ve of expediency. Therefore, the legal establishment in the perspec Ɵ ve of legal reform should be focused on two things, namely, the legal system and legal culture. This paper will discuss how the idealiza Ɵ on of laws, how the laws func Ɵ on in the development of the law, and how the methodological approach to the legal establishment. It was concluded that the forma Ɵ on of the law in the perspec Ɵ ve of legal reform, in addi Ɵ on must pay a Ʃ en Ɵ on to methodological aspects, should also refer to and put the rule of law in the unity of ver Ɵ cal harmony with aspects of the theological, ontological, posi Ɵ vist and func Ɵ onal aspects of the rule of law.</p>


Author(s):  
Nik Ahmad Kamal Nik Mahmod

Good governance is basically governing in the right and just ways. Good governance relates to good administration at both public and private sectors. Corporate governance is synonymous and the common usage in the private sector. Common characteristics of good governance include transparency, accountability, participatory and rule of law. Rule of law is the focus of this paper. The principle in itself is problematic because of multifarious interpretation Nonetheless, the consensus has been that rule of law is essential in any government and breach of its principles may lead to arbitrariness and breach of fundamental rights. The paper will expound the roles of rule of law in ensuring good governance and how abuse of power and corruption have undermined rule of law seriously and subsequently affect good governance.


2019 ◽  
Vol 6 (1) ◽  
pp. 73-90
Author(s):  
Daham Smko Hussein ◽  
Kittisak Jermsittiparsert ◽  
Paiman Ahmad

The purpose of this paper is to critically analyze the theory of governance and the role of law. The paper attempts to provide a constructive understanding of the rule of law and governance clearly. This study is composed of three main parts; the first part examines the literature on the concept of governance and its solid theoretical foundations. The second part reviews rule of law and the role of government in the process of governance. Third part intends to broaden the understanding of how governance is affected by rule of law especially in the developing world. The last part of this study deals with the conclusions and findings. The theoretical relevance of this paper contributes to a better understanding of specific components and factors that interlink governance and rule of law together in the public institutions. The main thesis of this study is, to what extend governance is affected by the rule of law?


2011 ◽  
Vol 5 (1) ◽  
pp. 4-69 ◽  
Author(s):  
Judith Resnik

The identification of courts as “open” and “public” institutions is commonplace in national and transnational conventions. But even as those attributes are taken for granted, the privatization of adjudication is underway. This Article explores how—during the last few centuries—public procedures came to be one of the attributes defining certain decision-making institutions as “courts.” The political and theoretical predicates for such practices can be found in the work of Jeremy Bentham, a major proponent of what he termed “publicity,” a practice he commended by detailing the architecture for various entities—from the Panopticon for prisoners to the Parliament for legislators and courts for judges. Bentham argued the utility of publicity in enhancing accuracy, public education, and judicial discipline.Moving forward in time, I examine various contemporary techniques in several jurisdictions that shift the processes of adjudication toward privatization. Included are the devolving adjudication to less-public government entities such as administrative agencies; outsourcing to private providers; and reconfiguring the processes of courts to render them more oriented toward settlement.For those appreciative of the role courts play in developing and protecting human rights, these new practices are problematic because adjudication can itself be a site offering opportunities to engage in democratic practices. The odd etiquette entailed in public adjudication under democratic legal regimes imposes obligations on government and disputants to treat each other—before an observant and often times critical public—as equals. Public and private power can be constrained by such performative requirements. When decision making takes place in public, the application of law to fact can engender normative contestation predicated on popular input. This claim of public adjudication’s democratic potential and utilities is, however, not an argument that the judgments provided and the norms developed will necessarily advance a shared view of the public welfare. Hence, while eager to re-engage Bentham, I offer different claims for publicity and less optimism about its consequences.


2002 ◽  
Vol 96 (3) ◽  
pp. 639-640
Author(s):  
Robert F. Durant

“There remains,” writes Michael T. Hayes in his provocative new book, “a pressing need to educate the public—specialists and nonspecialists alike—on what politics can accomplish, and at what speed” (p. 189). To this end, Hayes challenges what Thomas Sowell (A Conflict of Visions, 1987) calls the tenets of “articulated rationality” (i.e., rational-comprehensive ideals) in the policy process. He vigorously asserts that the benefits of incrementalism (viz., its focus on “partisan mutual adjustment,” its understanding of “the importance of checks on the arbitrary abuse of power,” and “its ability to draw on the dispersion of knowledge throughout the political system” [p. 8]) exceed its costs (e.g., delay and incoherent policy outcomes). Moreover, on balance, “partisan mutual adjustment produces better [emphasis added] policy outcomes than any attempt at rational-comprehensive analysis” (p. 8).


2021 ◽  
Author(s):  
Albana DEMI (MOSHO) ◽  
◽  
Arjana KADIU ◽  

Everyone This paper aims to present the social and cultural side in Albania, intertwined with the economic aspect, based on the analysis of the changes occurred recently in our country. Considering the happiness as a key daily factor this paper will give an overview of the public policies, including public and family costs. The purpose of this paper is to analyze if the welfare is provided only in conditions of an environment characterized by the economic, political and social stability. The research is based on the data collected by the public institutions regarding the social policies, economic growth, challenges of tourism, as well as the different cultures that exist in Albania. Keywords: public policies, economic, social policies, tourism, culture, economic growth.


2018 ◽  
Vol 13 (1) ◽  
pp. 39-64
Author(s):  
László Bajnai ◽  
Attila Józsa

Abstract An operational urban development relying on the structured cooperation of the public and private sectors is indispensable to purposefully address the challenges posed by sustainable development. Its evolution in Hungary may serve as inspiration for other countries as well. In the period preceding the regime change, it underwent a much more significant disruption as compared to regulation-based urban development. Afterwards, its methods, procedures, and instruments suitable for use in a democratic rule-of-law state and under market economy conditions had to be rebuilt from scratch. For this to happen, two external factors provided assistance: the French–Hungarian urban development cooperation and the EU. As a result, we could witness the successful development of the methods as well as of the conceptual, strategic, and operational planning tools forming a coherent system of operational urban development planning carried through with the public sector’s physical intervention into the urban tissue.


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