Ministerial Breakfast Meeting on the occasion of the High Level Meeting on the Rule of Law, Statement by James Kingston, Legal Adviser, Department of Foreign Affairs and Trade of Ireland, 24 September 2012

2015 ◽  
Keyword(s):  
Rule Of Law ◽  
Foreign Affairs ◽  
The Rule Of Law ◽  
Legal Adviser ◽  
High Level

scholarly journals Testing Todd: family types and development

2021 ◽  
pp. 1-18
Author(s):  
Jerg Gutmann ◽  
Stefan Voigt
Keyword(s):  
Rule Of Law ◽  
Civil Society Organizations ◽  
The Rule Of Law ◽  
State Fragility ◽  
Family Types ◽  
Low Levels ◽  
Parsimonious Model ◽  
The One ◽  
High Level

Abstract Many years ago, Emmanuel Todd came up with a classification of family types and argued that the historically prevalent family types in a society have important consequences for its economic, political, and social development. Here, we evaluate Todd's most important predictions empirically. Relying on a parsimonious model with exogenous covariates, we find mixed results. On the one hand, authoritarian family types are, in stark contrast to Todd's predictions, associated with increased levels of the rule of law and innovation. On the other hand, and in line with Todd's expectations, communitarian family types are linked to racism, low levels of the rule of law, and late industrialization. Countries in which endogamy is frequently practiced also display an expectedly high level of state fragility and weak civil society organizations.

scholarly journals THE IMPACT OF THE LAW VALUES TO OVERCOME LEGAL NIGILISM

2019 ◽  
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Natural Law ◽  
Negative Attitude ◽  
Legal Culture ◽  
Social Value ◽  
The Rule Of Law ◽  
Potential Strength ◽  
Objective Property ◽  
High Level

The article substantiates the idea that in the process of the formation and development of the foundations of a civil society and the rule of law, legal nihilism continues showing to a certain extent its potential and thus inhibiting progressive legal changes. Attention is focused on the peculiarities of the stability of legal nihilism and the problems of its gradual overcoming. It is emphasized in the offered article the importance of the law values priority, of the legal ideal, of the principle of social justice in the process of eradicating the manifestations of legal nihilism in the relevant areas of society life activity and personality. The authors came to the following conclusion: Values of law is a phenomenon of objective property, to be based on the ideas of the natural law, arising from the fact of human existence and directed exclusively to a person, to his rights and needs. Value entity of law really manifests itself only under operating conditions of civil society and legal state, recognising a person, his rights and freedoms as the highest social value. Legal nihilism begins losing its potential strength only when the majority of members of civil society recognize the priority of values of law. Confrontation of values of law and legal nihilism decisively narrows the scope of negative legal phenomena in all forms of their manifestation. Basing on the values of law, civil society institutions can solve problems being in the field of interests and needs of each person, so creating favourable conditions to eradicate legal nihilism. Using the truly valuable potential of law (first of all, legal law), civil society and legal state carry out transformations that ensure decent existence of any individual and by this minimizing the manifestation of legal nihilism. Even with a sufficiently high level of development of civil society and legal state, the practical negative attitude to legal nihilism should not weaken, because in the face of any social and legal reality, various offenses (including serious crimes) can be committed. Overcoming legal nihilism is associated with constant increase in the level of legal awareness and legal culture of the majority of members of civil society, which is a consequence of the following conclusions. Values of law is a phenomenon of objective property, based on the ideas of natural law, arising from the fact of a person’s existence and directed exclusively to a person, his rights and needs. The value essence of law really manifests itself only in the conditions of the functioning of civil society and the rule of law, recognize a person, his rights and freedoms as the highest social value. Legal nihilism begins to lose gradually its potential strength only when the majority of members of civil society recognize the priority of the values of law. The confrontation of the values of law and legal nihilism decisively narrows the scope of negative legal phenomena in all forms of their manifestation. Based on the values of law, civil society institutions can solve problems that are in the field of interests and needs of each person, which creates favourable conditions for the eradication of legal nihilism. Using the truly valuable potential of law (first of all, legal laws), civil society and the rule of law carry out those transformations that ensure the worthy existence of the individual and thereby minimize the manifestation of legal nihilism. Even with a sufficiently high level of development of civil society and legal law any negative attitude to legal nihilism should not be weaken, since in the conditions of any social and legal reality, various offenses (including serious crimes) can be committed. Overcoming legal nihilism is associated with permanent increase in the level of legal awareness and legal culture of the majority of civil society members which is a consequence of increase of quality of legal education and upbringing.

scholarly journals The Rule of Law Framework in the European Union: Its Rationale, Origins, Role and International Ramifications

2021 ◽  
pp. 305-331
Author(s):  
Artur Nowak-Far
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
International Legal Order ◽  
High Level ◽  
The Eu

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.

scholarly journals Federal Democratic Republic of Nepal: An Assessment of the Rule of Law

2021 ◽  
Vol 21 ◽  
pp. 1-8
Author(s):  
Than Bahadur Chhetri
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
Democratic Republic ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
State Institutions ◽  
Independent Judiciary ◽  
The Government ◽  
High Level ◽  
Online Sources

The Rule of law, a set of principles of governance, apply to all individuals, organizations and the government itself. Democracy is a political system governed by the rule of law. No rule of law means no democratic future. This paper aims to assess the state of the rule of law under the new political setup, taking the rule of law as dependent variable and fundamental rights, corruption, open parliament and independent judiciary as independent variables. To measure the rule of law, necessary information was collected from printed and online sources. A federal democratic republic can grow healthy only when there exists the rule of law and efficient state institutions. The fundamental problems in strengthening the rule of law obstructed by the tendency of personalization and frequent intervention in state institutions, high level of corruption at policy level, poor legislative bill formulation, the controversial appointing process of the judges and the political dominations. The acceptance of international norms to address the justice and to promote human rights, adhering to the principle of inclusion and equality, maintaining transparency rule in the appointment in various constitutional bodies and keeping out of executive influence to maintain impartial and independent institutions can help in strengthening the rule of law. 

scholarly journals Zapobieganie przestępczości i sprawiedliwość karna z perspektywy Kongresów Organizacji Narodów Zjednoczonych

2021 ◽  
Vol 43 (4) ◽  
pp. 543-572
Author(s):  
Emil W. Pływaczewski
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Crime Prevention ◽  
International Cooperation ◽  
Rule Of Law ◽  
Good Governance ◽  
The Rule Of Law ◽  
History Of ◽  
Prevention Of Crime ◽  
High Level

For over 65 years, the United Nations has held congresses aimed at strengthening international cooperation against expanding crime. The First Congress on the Prevention of Crime and Treatment of Offenders took place in Geneva in 1955. Sixty-six years later, in 2021, this tradition continued, postponed by the Covid-19 epidemic, as the Fourteenth United Nations Congress on Crime Prevention and Criminal Justice took place in the former capital of Japan — Kyoto. The aim of the paper is to present the most important achievements of all 14 congresses, especially focusing on the development of UN standards and norms in crime prevention and criminal justice. The author also presents the history of the participation and activities of Polish participants of the Congresses (official delegates and individual experts) in the years 1960–2021. The general conclusion is that the institution of the UN Crime Congresses is a major high-level forum to steer the development of the rule of law, to promote global security and good governance, and to improve the response to crime.

scholarly journals Consumer protection: The genesis of consumer right in Albania

2017 ◽  
Vol 8 (2) ◽  
pp. 71-75
Author(s):  
Belinda Halilaj
Keyword(s):  
Rule Of Law ◽  
Consumer Protection ◽  
The Rule Of Law ◽  
Time Periods ◽  
High Level

Abstract The study of the consumer right in juridical sciences is an innovation for the Albanian legislation. By means of this paper we would like to explain the genesis of consumer right. In order to explain the genesis of consumer right, we have focused since its very first steps to the present protection of this right. In order to determine which were the first hints of the emergence of this right and how it developed, we have reviewed legal resources from all time periods during which the consumer has enjoyed a protection. From our study, we have concluded that the use of the word consumer is something new for the legislation of our country. Nowadays, several laws have been approved and state mechanisms have been established with the intent to maintain consumer protection at a high level. Their approval derived directly from the development of this right. In the last part of this paper, we also focus on the factors that influenced the emergence of this right. These factors have been crucial for the complete and accurate establishment of what we today call the rule of law. The establishment of the rule of law enabled the approval of laws on consumer protection, but also the generation of an environment where the consumer enjoys the same level of protection as any other consumer in the neighbouring states.

scholarly journals Garuda Indonesia-Rolls Royce Corruption, Transnational Crime, and Eradication Measures

Lentera Hukum ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 409
Author(s):  
Satria Unggul Wicaksana Prakasa
Keyword(s):  
Multinational Corporations ◽  
Rule Of Law ◽  
Aircraft Engine ◽  
Transnational Crime ◽  
Criminal Court ◽  
Foreign Affairs ◽  
Business Practices ◽  
The Rule Of Law ◽  
Legal Questions ◽  
Private Entity

The appointment of Emirsyah Satar, former President Director of PT Garuda Indonesia, and former Director of PT Mugi Rekso Abadi, Soetikno Soearjo who was the beneficial owner of Connaught International Pte. Ltd. as an intermediary for bribery against the Emirsyah in the alleged bribery case of aircraft and aircraft engine procurement from Airbus SAS and Rolls Royce PLC by PT. Garuda. Cross-border corruption carried out by Rolls-Royce is not only corruption committed by a private entity, but the case is also related to efforts to recognize the concept of Foreign Affairs Bribery as a new type of corruption. This research aims to find out the corruption as a transnational crime committed by multinational corporations and how inter-state cooperative actions can prosecute corruption cases. Legal questions raised are: (1) how can the United Nations Convention Against Corruption mechanism be used in exposing the Garuda Indonesia-Rolls Royce corruption case as a transnational crime, and (2) what legal remedies which can be applied to punish corruption committed between Garuda Indonesia-Rolls Royce? This study argues that, as part of transnational crime, of course, Garuda Indonesia and Rolls-Royce's corruption is an extraordinary crime that is not only detrimental to business practices but also the rule of law in Indonesia and other countries involved. Corruption done by Rolls-Royce, which involved Emirsyah Satar as a former director of Garuda Indonesia, has harmed Indonesia. Thus, Jurisdiction of criminal acts of corruption is needed.  It should be under the legal system of corruption eradication in Indonesia. There is a need for interpretation because Indonesia is part of the state which ratified UNCAC through Law No. 7 of 2006. Therefore, recognizing the Foreign Affairs Bribery concept as part of a judge's rechtvinding (finding of law) of the Criminal Court that multinational/transnational corporations comply with and respect the rule of law and eradication of corruption in Indonesia. It includes in making lex specialis (law governing a specific subject matter) related to Foreign Affairs Bribery so that similar cases do not occur in the future for Indonesia. Keywords: Corruption, Transnational Crime, Garuda Indonesia, Rolls-Royce.

scholarly journals The Factors of Constitutional Support for the Rule of Law in the System of Public Authorities

2022 ◽  
Vol 18 ◽  
pp. 182-190
Author(s):  
Mykola M. Stadnyk ◽  
Serhii B. Chekhovych ◽  
Hanna S. Yermakova ◽  
Valeriy V. Kolyukh ◽  
Ilkin S. Nurullaiev
Keyword(s):  
Rule Of Law ◽  
Graphical Model ◽  
Fundamental Rights ◽  
Public Authorities ◽  
Middle Income ◽  
The Rule Of Law ◽  
Middle Income Countries ◽  
Graphical Comparison ◽  
High Level ◽  
The Impact

The article examines the factors that ensure the constitutional provision of the rule of law in the system of public authorities. The aim of this study was to analyse the factors that ensure the constitutional provision of the rule of law in the system of public authorities. The constitutional design provides for the creation of rational structures for the functioning of public authorities, which should ensure democratic standards, economic development, anti-corruption policy by implementing the principles of the rule of law. The study used data on indicators that describe the state of the rule of law (Rule of Law Index), democracy (Democracy Index) and corruption (Corruption Perceptions Index). Methods of graphical comparison, scattering diagrams, classification of countries by categories were used. A graphical model of the dependence of the rule of law on the development of democracy and perceptions of corruption for 25 European countries is built on the basis of these factors. It is proved that the studied indicators are dependent: countries with a high Rule of Law Index (high level of restrictions on the powers of government institutions, protection of fundamental rights, law enforcement, security) have a high Corruption Perceptions Index (high level of anti-corruption) and Democracy Index. It is concluded that it is necessary to develop the constitutional provision of the rule of law by strengthening democratic values, improving economic growth and competitiveness, increasing control over corruption. Further research should analyse the impact of rule of law factors in low- and middle-income countries.

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