SAVREMENA USLUŽNA PRAVILA I VLADAVINA PRAVA

2021 ◽  
Author(s):  
Snežana Miladinović Drobnič ◽  
Keyword(s):  
Rule Of Law ◽  
Research Study ◽  
State Power ◽  
Human Security ◽  
Legal Order ◽  
Frame Of Reference ◽  
Private Law ◽  
The Rule Of Law ◽  
Legal Restrictions ◽  
Common Frame Of Reference

In this research study, the author is dealing with the contemporary service rules in the light of the idea of the rule of law. The rule of law, as Kosta Čavoški says, is "a meta-legal idea of a valid legal order that, through detailed and permanent legal restrictions of state power, appropriate properties of law and reliable institutional guarantees, most ensures human security and freedom." In this paper, the author is dealing with the concept of the rule of law and the principles on which it is based, and then analyzes the principles on which modern service rules are based. We have paid special attention to the service rules contained in the Services Directive and the Draft Common Frame of Reference for Private Law.

Access to, and Provision of, Legal Information in the Transition from Communism to Democracy in Estonia

2006 ◽  
Vol 6 (2) ◽  
pp. 113-119
Author(s):  
Julia Laffranque
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Order ◽  
Private Law ◽  
Public And Private ◽  
Legal Information ◽  
The Rule Of Law ◽  
Democratic State ◽  
Penal Law ◽  
The Republic

The Estonian legal system has over the last decade and a half undergone a tremendous change. Quite often we have had to start from almost nothing and to develop our law very fast compared to societies with long lasting traditions of stable and well established democracy where similar reforms have taken hundreds of years instead of ten. The years that have passed since the reestablishment of Estonia's independence are characterised by reforms of the legal system, preparation for them, and finally their implementation. All these activities have stemmed from a single underlying idea - to develop a legal order appropriate to a democratic state based on the rule of law. Reforms in public and private law as well as in penal law were finalised ten years after the entry into force of the Constitution of the Republic of Estonia in 1992.

scholarly journals In the Absence of the Rule of Law: Everyday Lawyering, Dignity and Resistance in Myanmar’s ‘Disciplined Democracy’

2018 ◽  
Vol 28 (5) ◽  
pp. 573-599
Author(s):  
Alex Batesmith ◽  
Jake Stevens
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
State Power ◽  
Human Experience ◽  
Legal Systems ◽  
Material Support ◽  
The Rule Of Law ◽  
Alternative Perspective ◽  
The Individual ◽  
Individual Human

This article explores how ‘everyday’ lawyers undertaking routine criminal defence cases navigate an authoritarian legal system. Based on original fieldwork in the ‘disciplined democracy’ of Myanmar, the article examines how hegemonic state power and a functional absence of the rule of law have created a culture of passivity among ordinary practitioners. ‘Everyday’ lawyers are nevertheless able to uphold their clients’ dignity by practical and material support for the individual human experience – and in so doing, subtly resist, evade or disrupt state power. The article draws upon the literature on the sociology of lawyering and resistance, arguing for a multilayered understanding of dignity going beyond lawyers’ contributions to their clients’ legal autonomy. Focusing on dignity provides an alternative perspective to the otherwise often all-consuming rule of law discourse. In authoritarian legal systems, enhancing their clients’ dignity beyond legal autonomy may be the only meaningful contribution that ‘everyday’ lawyers can make.

The DCFR, the Avant-projet Catala and French Legal Scholars: A Story of Cat and Mouse?

2008 ◽  
Vol 12 (3) ◽  
pp. 351-373 ◽  
Author(s):  
Ruth Sefton-Green
Keyword(s):  
Research Group ◽  
Working Group ◽  
Civil Code ◽  
Frame Of Reference ◽  
The Political ◽  
Study Group ◽  
Private Law ◽  
Legislative Reform ◽  
European Civil Code ◽  
Common Frame Of Reference

In 2005 a French working group published an Avant-projet de réforme du droit des obligations et de la prescription (“Avant-projet Catala”).1 At the end of 2007 a Draft Common Frame of Reference (“DCFR”) was submitted to the European Commission by the Study Group on a European Civil Code and the Research Group on EC Private Law (Acquis Group).2 How much ink should we spill over such academic proposals for legislative reform, especially if there are misgivings as to substance, content and legitimacy and doubts as to the prospects for implementation? In an attempt to learn from these projects this paper aims to evaluate and reflect on the position of legal scholars on the political legal scene, and to compare the content of some selected provisions. The overall objective is to investigate how the Avant-projet Catala, a proposal to reform the French Civil Code, and the DCFR, a proposal which looks very much like a European Civil Code, fit together: do these projects have different goals or are they in competition with one another? More particularly, this paper investigates whether these French3 and European initiatives are conducive to creating a more European private law or, on the contrary, whether they reinforce legal nationalism.

scholarly journals Państwo prawa na gruncie filozofii politycznej Immanuela Kanta – dwie interpretacje

2019 ◽  
pp. 108-124
Author(s):  
Michał Wieczorkowski
Keyword(s):  
Political Philosophy ◽  
Rule Of Law ◽  
State Power ◽  
Ethical Reflection ◽  
The Rule Of Law ◽  
Crucial Difference

The purpose of this article is to discuss Kant’s concept of juridical state as the foundation of the contemporary rule of law. Therefore, the article tries to answer two questions: (1) what character can be attributed to Kant’s concept of juridical state taking into account the obligations arising from it; (2) can the analysis of the Kantian juridical state have any impact on the contemporary understanding of the rule of law and if so, what can this impact be. In order to accomplish this task, moral presuppositions of Kant’s juridical state are discussed, according to the commonly accepted view that Kant’s political philosophy is closely linked with his moral and ethical reflection. Then, two interpretations of Kant’s juridical state – the liberal one and the authoritarian one – are analysed. The crucial difference between these interpretations lies in establishing the circumstances in which the duty of obedience to state power should be carried out. Then, Kantian juridical state is compared with two ways of understanding the rule of law – the material one and the formal one – in order to evaluate whether the rule of law should be considered as continuity of or rupture with the Kantian concept.

Administrative Law

2004 ◽  
Author(s):  
Jeffrey Jowell
Keyword(s):  
Twentieth Century ◽  
Great Britain ◽  
Procedural Justice ◽  
Rule Of Law ◽  
State Power ◽  
Administrative Law ◽  
Constitutional Rights ◽  
Stages Of Development ◽  
The Rule Of Law ◽  
Legal Control

This chapter examines the stages of development of administrative law in Great Britain during the twentieth century, describing the different attitudes towards the exercise of state power and its legal control over the century. It explains that the century began with a concern for procedural justice and a particular concept of the rule of law, and ended with judicial constraints upon both the procedures and the substance of official decisions, justified by constitutional rights.

Harmonisation of European Contract Law: Citizenship, Diversity and Effectiveness

2005 ◽  
Vol 7 ◽  
pp. 81-99
Author(s):  
Hugh Collins
Keyword(s):  
European Commission ◽  
Contract Law ◽  
Frame Of Reference ◽  
Legislative Process ◽  
Private Law ◽  
European Law ◽  
European Contract ◽  
Common Frame Of Reference ◽  
European Contract Law ◽  
Code Civil

Proposals from the European Commission to work towards greater harmonisation of contract law, and indeed private law more generally, have been described in terms that apparently distance these plans from the introduction of a code civil europa. Nevertheless, the programme for developing ‘non-sector-specific measures’ into a ‘common frame of reference’ constitutes in its fundamentals and aspirations the ambition to create a European law of contract. And the method for the construction of this code replicates the process devising the great European codes of the nineteenth century: a painstaking scholarly endeavour to find consistency and coherence in the divergent national private law systems, except that no legislative process is foreseen.

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