Corruption Capture of Local Self-Governments in Slovenia

2013 ◽  
Vol 11 (3) ◽  
pp. 615-630
Author(s):  
Jure Škrbec ◽  
Bojan Dobovšek
Keyword(s):  
Rule Of Law ◽  
Public Institutions ◽  
Economic Effects ◽  
Common Belief ◽  
Negative Consequences ◽  
Informal Networks ◽  
Local Society ◽  
The Rule Of Law ◽  
Environmental Destruction

The paper analyses how corruption affects the Rule of Law in Slovenian local self-governments through qualitative analysis of corruption cases and interviews. We discovered that corruption, its influence on local society is increasing, where everyone (especially mayors) attempts to avoid obligations and find loopholes into the law in order to benefit. There is a common belief that illegal behaviour and negative consequences to the Rule of Law is due to human greed and the role of informal networks. The main consequences are increasing levels of negative economic effects, mistrust in public institutions, inequality and environmental destruction.

The Importance of the Rule of Law in Governance

2019 ◽  
Vol 6 (1) ◽  
pp. 73-90
Author(s):  
Daham Smko Hussein ◽  
Kittisak Jermsittiparsert ◽  
Paiman Ahmad
Keyword(s):  
Rule Of Law ◽  
Developing World ◽  
Public Institutions ◽  
Role Of Government ◽  
The Rule Of Law ◽  
The Public ◽  
Main Thesis ◽  
Theoretical Foundations

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?

scholarly journals K. SCHMITT’S THEORY OF PARTISAN: SOCIO-POLITICAL EVENTUALITY OF PARTISAN

2016 ◽  
pp. 86-93
Author(s):  
M. P. Ostromenskij
Keyword(s):  
Rule Of Law ◽  
Ad Hoc ◽  
Public Institutions ◽  
Point Of View ◽  
The Rule Of Law ◽  
Occupied Territory ◽  
Majority Population ◽  
Political Conditions ◽  
The Individual

Eventual socio-political conditions of the appearance of a partisan are considered. It is shown that the appearance of the partisan becomes possible when the socio-political uncertainty in the state and social anomie in society caused serious set into question the legitimacy of the sovereign. In such circumstances, falling value of public institutions, the rule of law and the rules of the routine, but the role of the individual and adopt independent decisions, in each case, increases. And increasing the area of independent ad hoc decisions. Such conditions arise in the occupied territory, especially in a situation of the continuing war. Besides, here indigenous people without taking any illegal actions, from the point of view of both clashing sovereigns, it is struck in the rights. All this makes a real opportunity to show the political subjectivity of the citizen, even with low social status. The behavior of the occupied population can follow three models: expectations of the solution of the conflict between sovereigns and the subsequent acceptance of its results as due - absolute majority population, the active help to the occupying sovereign for the purpose of the statement new political - the collaborator, active opposition of the occupying authority for the purpose of return former political - the partisan.

Reaktualisasi Proses Penyidikan oleh Kepolisian Berbasis Nilai-Nilai Pancasila dan Optimalisasi Pemanfaatan Teknologi

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (2) ◽  
pp. 1737
Author(s):  
Ira Alia Maerani
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Public Prosecutor ◽  
Public Confidence ◽  
The Rule Of Law ◽  
Positive Law ◽  
Use Of Technology ◽  
The Times

Abstract                Indonesian Criminal Justice System consists of the police, public prosecutor and the courts. The role of the police investigators is certainly vital as the frontline in building public confidence in the rule of law in Indonesia. The role of the investigator is quite important in realizing society’s  justice. The era of globalization requires a pattern fast-paced, instant, measurable, and transparent of life and it requires investigators to follow the times by optimizing the use of technology. The aim of this study is to give effect to the rule of law in Indonesia that provides fairness, expediency and certainty. However, it considers to have priority of Pancasila values in the process of inquiry and investigation. The values of supreme divinity, God (religious), humanity, unity, democracy and justice are values that establish a balance (harmony) in enforcing the law. Law and its implementation can create product which meets the demands for social justice. This paper will examine the role of the investigator according to positive law currently in force as well as the role of investigator in implementing the values of Pancasila, accompanied by optimizing the use of technology. Keywords: Re-actualizing, Investigation, Police, values of Pancasila, Technology   AbstrakSistem Peradilan Pidana Indonesia meliputi institusi kepolisian, kejaksaan, dan pengadilan. Peran penyidik dalam institusi kepolisian tentunya amat vital sebagai garda terdepan dalam membangun kepercayaan masyarakat terhadap penegakan hukum di Indonesia. Peran penyidik amat besar dalam terwujudnya keadilan di masyarakat. Era globalisasi yang menuntut pola kehidupan yang serba cepat, instan, terukur, dan transparan menuntut penyidik untuk mengikuti perkembangan zaman dengan mengoptimalkan pemanfaatan teknologi. Tujuannya adalah untuk memberikan arti bagi penegakan hukum di Indonesia yakni memberikan keadilan, kemanfaatan, dan kepastian. Namun yang harus diperhatikan adalah mengutamakan nilai-nilai Pancasila dalam melakukan proses penyelidikan dan penyidikan. Nilai-nilai ketuhanan yang maha esa (religius), kemanusiaan, persatuan, kerakyatan dan keadilan merupakan nilai-nilai yang membangun keseimbangan (harmoni) dalam menegakkan hukum. Sehingga produk hukum dan pelaksanaannya memenuhi rasa keadilan masyarakat. Tulisan ini akan mengkaji tentang peran penyidik menurut hukum positif yang saat ini berlaku serta peran penyidik dalam mengimplementasikan  nilai-nilai Pancasila dengan diiringi optimalisasi pemanfaatan teknologi.Kata Kunci: Reaktualisasi,Penyidikan,Kepolisian,Nilai-nilai Pancasila,Teknologi

International Arbitration as a Tool of Global Governance

2019 ◽  
Author(s):  
Sophie Nappert
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
International Arbitration ◽  
The Rule Of Law ◽  
Arbitration Process ◽  
Fact Finding ◽  
Exercise Of Discretion ◽  
The Impact

It has been posited that the international arbitration process carries with it not only fact-finding and lawmaking functions but also a governance function insofar as “arbitrators … can and do engage in autonomous normative action while still adhering to the rule of law.” This contribution explores the role and ambit of the exercise of discretion by international arbitration tribunals and its interplay with the tribunals’ governance function, as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions whether the use of discretion is suited to the governance role of arbitral tribunals and serves, rather than compromises, the effective exercise of that role. It asks what measures ought to be considered to make arbitrators better prepared for the exercise of their governance function.

THE ROLE OF PSYCHIATRY IN THE RULE OF LAW

1974 ◽  
Vol 4 (8) ◽  
pp. 16-31
Author(s):  
Seymour Pollack
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law

The Role of the Constitutional Court in the Development of the Rule of Law in Kosovo

2018 ◽  
Vol 43 (3) ◽  
pp. 274-313
Author(s):  
Enver Hasani
Keyword(s):  
Material Culture ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Constitutional History ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Past ◽  
History Of ◽  
Communist Countries

Kosovo’s Constitutional Court has played a role of paramount importance in the country’s recent history. The author uses a comparative analysis to discuss the role of the Court in light of the work and history of other European constitutional courts. This approach sheds light on the Court’s current role by analyzing Kosovo’s constitutional history, which shows that there has been a radical break with the past. This approach reveals the fact that Kosovo’s current Constitution does not reflect the material culture of the society of Kosovo. This radical break with the past is a result of the country’s tragic history, in which case the fight for constitutionalism means a fight for human dignity. In this battle for constitutionalism, the Court has been given very broad jurisdiction and a role to play in paving the way for Kosovo to move toward Euro-Atlantic integration in all spheres of life. Before reaching this conclusion, the author discusses the specificities of Kosovo’s transition, comparing it with other former communist countries. Among the specific features of constitutionalism in Kosovo are the role and position of the international community in the process of constitution-making and the overall design of constitutional justice in Kosovo. Throughout the article, a conclusion emerges that puts Kosovo’s Constitutional Court at the forefront of the fight for the rule of law and constitutionalism of liberal Western provenance.

The Role of Courts in Rifted Democracies

1999 ◽  
Vol 33 (2) ◽  
pp. 216-258 ◽  
Author(s):  
Ruth Gavison
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Judicial Review ◽  
Public Life ◽  
The Political ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
The Supreme Court ◽  
Harsh Criticism

A discussion of the role of courts in Israel today demands some introductory remarks. The Supreme Court and the President of the Supreme Court enjoy great acclaim and respect within Israel and abroad, but have recently come under attack from a variety of sources. These attacks are often confused, and many of them are clearly motivated by narrow partisan interests and an inherent objection to the rule of law and judicial review. But these motives do not necessarily weaken the dangers which the attacks pose to the legitimacy of the courts in general, and the Supreme Court in particular, in Israel's public life. The fact that in some sectors extremely harsh criticism of the court is seen to be an electoral boost, testifies to the serious and dangerous nature of the threat. This situation creates a dilemma for those who want a strong and independent judiciary, believing it is essential for freedom and democracy, but who also believe that, during the last two decades, the courts have transgressed limits they should respect. The dilemma becomes especially acute when the political echo sounds out in one's criticism, and when one is part of the group that believes that the legal and the judicial systems have made some contribution to the prevalence of these hyperbolic and dangerous attacks, as I am.

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