The Rule of Law in Multilateral Institutions and International Aid for Development: Judicial Reform in the Global Order

2012 ◽  
pp. 123-138
Author(s):  
Gustavo Fondevila
Keyword(s):  
Rule Of Law ◽  
International Aid ◽  
Judicial Reform ◽  
Global Order ◽  
The Rule Of Law ◽  
Multilateral Institutions

Albania’s stalled EU bid will not halt judicial reform

2021 ◽  
Keyword(s):  
Rule Of Law ◽  
Direct Investment ◽  
Public Procurement ◽  
Organised Crime ◽  
Judicial Reform ◽  
Legal Environment ◽  
Medium Term ◽  
Eu Accession ◽  
Content Type ◽  
The Rule Of Law

Significance Rama’s remarks followed the arrest of Lushnja Mayor Fatos Tushe, accused of abuse of office regarding public procurement. A more proactive policy against corruption and organised crime, reflecting judicial reform, has prompted the Dutch parliament to remove its veto on Albania’s EU accession talks. Impacts Consolidation of the rule of law, while sluggish, has gained its own momentum and will result in more prominent politicians facing justice. A vigorous corruption crackdown could disrupt public services if corrupt but experienced officials are replaced and others become fearful. A more stable and predictable legal environment could encourage increased foreign direct investment in the medium term.

The Rule of Law, Judicial Independence, and Due Process

2020 ◽  
pp. 118-145
Author(s):  
Xiaoqun Xu
Keyword(s):  
Rule Of Law ◽  
Due Process ◽  
Judicial Independence ◽  
Judicial Reform ◽  
Party Government ◽  
The Rule Of Law ◽  
Nationalist Party ◽  
Reform Plan ◽  
Occupied Territories ◽  
Beijing Government

Chapter 5 examines the continuation of the legal-judicial reform and its achievements and limitations under the Beijing government (1912–1927) and the Guomindang (GMD, or Nationalist Party) government (1927–1949). The Beijing government tried to implement an ambitious reform plan but failed to materialize it completely due to a lack of resources, among other problems. The GMD continued the reform but also instituted practices particular to its ideology of ruling the country through the party, including the invention of political offenses and their punishments through special laws and special courts. The durability of positive reform outcomes in those years is shown in the way the Chinese judiciary functioned in the Japanese-occupied territories during the Second Sino-Japanese War (1937–1945).

The Moralization of Guilt in Late Imperial Russian Trial by Jury: The Early Reform Era

1997 ◽  
Vol 15 (1) ◽  
pp. 77-113 ◽  
Author(s):  
Girish N. Bhat
Keyword(s):  
Rule Of Law ◽  
Judicial Reform ◽  
Public Interests ◽  
Reform Era ◽  
The Rule Of Law ◽  
Late Imperial ◽  
Bolshevik Revolution ◽  
Imperial Russia ◽  
The Individual ◽  
Judicial Oratory

Ever since the official promulgation of the judicial reform statutes of 1864 in late imperial Russia, a scholarly commonplace has been the reform's contribution to the remarkable emergence of several generations of brilliant Russian trial lawyers and an internationally famous tradition of outstanding judicial oratory during the half-century preceding the Bolshevik revolution. This impressive display of judicial learning and courtroom artistry occurred in the context of Western-style trial by jury, the reform's most daring innovation. Introduced in 1866 after two years of energetic preparation, Russia's system of trial by jury bequeathed to scholars the most powerful emblem of the post-1864 Russian legal order: the courtroom confrontation between the defense attorney (zashchitnik) and the state's prosecutorial agent, the procurator (prokuror). In this judicial clash, the defense counsel has represented the eloquent, keen-witted, Western-educated champion of the individual and even the “defender of public interests.” The procuratorial representative has come to embody the interests of a regime whose relentless and often undisguised statism belied the reform statutes' open proclamation of the principles of legality and the “rule of law.”

Theorising the international rule of law

2008 ◽  
Vol 34 (3) ◽  
pp. 385-401 ◽  
Author(s):  
TERRY NARDIN
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Global Order ◽  
The Rule Of Law ◽  
Recent Trends ◽  
Kantian Theory ◽  
International Rule

AbstractRecent trends in international law scholarship recycle objections to international law advanced by an earlier generation of political and legal realists. Such objections fail to understand the place of international law in the global order. To understand that place, we must distinguish the idea of the rule of law from other understandings of law. That idea is an inherently moral one. Theories of international law that ignore the moral element in law cannot distinguish law as a constraint on power from law as an instrument of power. A Kantian theory of international law can help to recover that moral element.

scholarly journals Finality of Judgments in Civil Cases and Related Considerations: The Experience of Ukraine and Lithuania

2019 ◽  
Vol 2 (5) ◽  
pp. 6-29
Author(s):  
Kostiantyn Gusarov ◽  
Viktor Terekhov
Keyword(s):  
Rule Of Law ◽  
Access To Justice ◽  
Judicial Reform ◽  
Eastern European ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Public Role ◽  
Eastern European Countries ◽  
Judicial Economy

Finality of judgments is a concept that puts an end to the trial, prohibiting subsequent appeals, opening of new proceedings and disputing clearly established facts. Despite being promoted by the Council of Europe and its Court of Human Rights and familiar to most if not all states, its application still encounters misunderstanding in some Eastern European Countries. Deeply rooted ideas of substantive truth and public role of the judiciary, a rather idiosyncratic notion of fair trial and the rule of law all lead to underestimation of the role played by finality in a peaceful life of the society. This article addresses the experience of Ukraine (where a major judicial reform has just taken place) and Lithuania – two post-Soviet nations that both, still in their unique way, worked on implementing the principle of finality into their procedural order. The paper also explores an uneasy balance to be found between this notion and other relevant considerations (access to justice, rule of law, judicial economy and some other).

Judicial Reform: Building Institutions for the Rule of Law

2011 ◽  
pp. 109-145
Author(s):  
Thorsten Benner ◽  
Stephan Mergenthaler ◽  
Philipp Rotmann
Keyword(s):  
Rule Of Law ◽  
Judicial Reform ◽  
The Rule Of Law

scholarly journals Order at the margins: The legal construction of interface conflicts over time

2020 ◽  
Vol 9 (2) ◽  
pp. 343-363
Author(s):  
NICO KRISCH ◽  
FRANCESCO CORRADINI ◽  
LUCY LU REIMERS
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
Rule Of Law ◽  
Social Processes ◽  
Legal Order ◽  
Economic Governance ◽  
Global Order ◽  
The Rule Of Law ◽  
International Legal Order ◽  
Over Time

AbstractLegal multiplicity in the global realm, and the interface conflicts that ensue from it, are widely thought to have a destabilising effect, blocking the path towards a more integrated and perhaps constitutionalised global order. While this diagnosis may appear plausible if interface conflicts are seen as snapshots and rivalrous institutions as the main actors, it is less convincing if we regard these conflicts as part of social processes of contestation that define the relations between different norms over time. It is also less plausible if actors with other orientations – norm irritation or navigation – are taken into view. This article works towards a more encompassing account, both temporally and as regards actor orientations. It uses two case studies of conflicts at the interface between economic governance and human rights to probe the plausibility of its conjectures. Both cases appear as instances of prolonged norm contestation which, despite continued irresolution of the underlying conflicts as a matter of law, have resulted in a significant reorientation and (partial) consolidation around new interpretations. This suggests that interface conflicts, rather than destabilising the rule of law, may also open a pathway for change in the otherwise rigid structure of the international legal order

scholarly journals The rule of law and the EU’s response mechanisms in case of violation: a Romanian Case Study

ERA Forum ◽  
2021 ◽  
Author(s):  
Horatius Dumbrava
Keyword(s):  
European Union ◽  
European Commission ◽  
Rule Of Law ◽  
European Court Of Justice ◽  
Judicial Reform ◽  
The European Union ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
European Court

AbstractThe judgment of the European Court of Justice of 18 May 2021 obliges Romania to review the judicial reform of 2017 – 2019. Otherwise the European Commission may activate the safeguard mechanisms provided by Arts. 37 and 38 of the Treaty of Accession of Romania to the European Union.The jurisprudence of the Court of Justice in all preliminary rulings relating to this Romanian judicial reform will have effects and will be an essential benchmark regarding the mechanisms established by the European Commission for all Member States relating to the rule of law - namely, the Rule of Law Mechanism and Regulation no. 2020/2092.

scholarly journals Judicial reform as a tool for increase efficiency of legal protection of individuals

2021 ◽  
Vol 5 (2) ◽  
pp. 16-32
Author(s):  
A. V. Malko ◽  
S. F. Afanasiev ◽  
V. A. Terekhin
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Protection ◽  
The State ◽  
Judicial System ◽  
Maximum Efficiency ◽  
Judicial Reform ◽  
The Rule Of Law ◽  
Conceptual Foundations

The subject. The authors analyze the process and results of 30 years of reforming judicial activity in contemporary Russia, formulate and substantiate the conceptual foundations of promising transformations and specific proposals for continuing the reform, increasing the efficiency of the judicial system and protecting human rights, freedoms and legitimate in-terests.The purpose is to confirm or disprove hypothesis that the Russian judicial reform needs to be adjusted in order to remain the most important factor in building the rule of law and civil society.The research methodology includes the methods of analysis and synthesis, historical, com-parative legal and formal legal methods.The main results, scope of application. The court is one of the most democratic and civilized tools for resolving social conflicts and protecting human interests. Judicial reform is a con-ceptually formed, cardinal and progressive transformation carried out in the historical pe-riod in order to organize the optimal model of the judicial system and achieve maximum efficiency of its functioning to protect the rights and freedoms of the individual, the inter-ests of society and the state. The Russian court was transformed, became the real judiciary power and took its place in the state mechanism during the reform period. The judicial sys-tem was built on new principles, procedural legislation was updated, a number of other measures were taken to improve the status of the court and its role in society. It is necessary to generalize the existing practice and regulate all problematic aspects of the formation of the judicial corps at the legislative level. We need to make this process clear and transpar-ent. Justice as a social and legal value and a significant international goal of sustainable development should be implemented in Russian domestic policy and strategic projects. The strategy and tactics of digital transformation of judicial activity, more active introduction of modern tools in it, while ensuring human rights and freedoms in this process, are particu-larly in demand in the context of the coronavirus pandemic,The conclusion is made that judicial reform is the most important factor in building the rule of law and civil society. However, it has not been completed and its potential for social influence has not been exhausted. Therefore, conceptual foundations and specific proposals for further transformations, increasing the efficiency of the judicial system in order to protect human rights, freedoms and legitimate interests have been formulated and substantiated.

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