rule of law
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2022 ◽  
Vol 30 (1) ◽  
pp. 137-158
Thomas Chen

Abstract Against the background of the growing effort in the Xi Jinping era to sinicize democracy and rule of law, much critical attention has surrounded Chinese models of governance variously conceived as “humane authority” and “political meritocracy.” What is missing from the literature on the export of the so-called “Chinese solution,” however, is the consideration of popular cultural products. This article takes as its case study the state-sponsored film 12 Citizens, the 2014 remake of the classic 12 Angry Men, most famously known in its 1957 version directed by Sidney Lumet and starring Henry Fonda. As there is no jury system in China, 12 Citizens instead presents the scenario as a law school mock trial on Anglo-American law, with crucial elements indigenized to the local setting. In one masterly maneuver after another, the remake overturns the democratic tenor of the original. Yet as a metanarrative about adaptation, the film reveals ambivalent attitudes not only toward the jury system and the West but also toward adaptation itself, open to an alternative interpretation in which the figure of the citizen, as a member of a political community actively engaged in public matters, precisely takes center stage. This ambivalence challenges the very concept of “Chinese characteristics.”

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Amsalu Bedemo Beyene

PurposeThe main objective of this article is to analyze the role of governance quality in influencing the economic growth of 22 selected Sub-Saharan African Countries.Design/methodology/approachThe study applied the panel dynamic Generalized Method of Moments (GMM) to analyze the data obtained from the World Bank database over the period from 2002 to 2020.FindingsThe overall finding indicated that the composite governance index has a positive significant effect on the economic growth of the countries; where a unit improvement in the aggregate governance index leads to a 3.05% increase in GDP. The disaggregated result has shown that corruption control and government effectiveness have a negative significant effect on growth performance, whereas, the rule of law and regulatory quality showed a positive significant effect. Political stability and voice and accountability have an insignificant effect on economic growth.Research limitations/implicationsDue to data limitations, this study could not address the whole members of Sub Sahara African Countries and could not see the causal relationship.Practical implicationsThe study suggested a strong commitment to the implementation of policy and reform measures on all governance factors. This may add to the need to devise participatory corruption control mechanisms; to closely look at the proper implementation of policies and reforms that constitute the government effectiveness factors, and properly implement the rule of law at all levels of the government with a strong commitment to realizing it so that citizens at all levels can have full confidence in and abide by the rules of society.Originality/valueEven though there are some studies conducted using conventional methods of panel data analysis such as random effect or fixed effects, this empirical study used more advanced panel dynamic generalized moment of methods to examine the role of improvement in governance quality on economic growth.

2022 ◽  
Vol 27 ◽  
pp. 379-383
M. Fadly Fitri ◽  
I Nyoman N ◽  
Slamet Suhartono ◽  
Budiarsih Budiarsih

This research is normative law. The rule of law gives the highest supremacy to a country in providing welfare and forming legal norms, the ratification of GATT through Law No.7 of 1994 concerning Ratification of the Agreement Establishing The World Trade Organization (ADDITIONAL TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA NO. 3564) is the rule of law that has the highest supremacy, the result is to comply with the ratified GATT legal norms where the related parties of the public contract agreement can exercise the right to test for inconsistencies.

2022 ◽  
Vol 0 (0) ◽  
Jacob Sparks ◽  
Athmeya Jayaram

Abstract Using automated systems to avoid the need for human discretion in government contexts – a scenario we call ‘rule by automation’ – can help us achieve the ideal of a free and equal society. Drawing on relational theories of freedom and equality, we explain how rule by automation is a more complete realization of the rule of law and why thinkers in these traditions have strong reasons to support it. Relational theories are based on the absence of human domination and hierarchy, which automation helps us achieve. Nevertheless, there is another understanding of relational theories where what matters is the presence of valuable relationships with those in power. Exploring this further might help us see when and why we should accept human discretion.

John Adenitire

Abstract This paper argues for a theory of the rule of law that is inclusive of sentient non-human animals. It critiques the rule of law theories of Fuller, Waldron, and Allan, by showing that their theories presuppose that the legal subject is a person who can be guided by legal norms. This unduly excludes non-human animals, as well as certain humans who do not have rational capacities. If we view the basic idea of the rule of law as restraining arbitrary power, then rule of law theories need to give an account of who can be a potential victim of such power. Non-human animals and humans, whether endowed with rational capacities or not, can all be victims of arbitrary power. So, we need a new rule of law theory which is inclusive of all sentient animals, humans and non-human alike. This paper sets out such an inclusive theory.

2022 ◽  
Andrea Espinoza Pérez ◽  
Nicolas Valenzuela-Levi ◽  
Óscar C. Vásquez

Abstract The Sustainable Development Goals include both increasing recycling rates and reducing socioeconomic inequalities. However, existent research lacks attention to the link between advancing towards the circular economy and concentration of wealth and political power. This article analyzes the case of Chile, one of the most income-unequal countries in the world, which between 2014 and 2020 implemented a registry of polluters, an extended producer responsibility legislation, and called for elections to establish a Constitutional Convention to set a new rule of law for the country. The authors of this study innovate by analyzing both economic concentration and political linkages among waste valorization companies. The results show a tendency towards higher concentration in already concentrated waste markets, and a continuous rise in the share of the valorisation market by politically-linked companies. The coexistence of oligopoly, oligopsony and oligarchic tendencies should be considered when analyzing the circular economy in other countries.

2022 ◽  
Vol 18 ◽  
pp. 182-190
Mykola M. Stadnyk ◽  
Serhii B. Chekhovych ◽  
Hanna S. Yermakova ◽  
Valeriy V. Kolyukh ◽  
Ilkin S. Nurullaiev

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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