the rule of law
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2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
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 ◽  
Author(s):  
Gabriela Nemţoi ◽  

Established as a personal right, the right to free speech implies obligations and duties, which may generate possible restrictions. Freedom of expression works correctly in a legal framework when it comes to a legitimate aim in a state law. Article 10, paragraph 2, of the Convention explains the conditions under which the right to freedom of expression is justified by the need to protect certain public interests (such as those relating to national security, the territorial space of the state, public order, the prevention of crimes, the protection of health and social morals, the guarantee of authority and the impartiality of the judiciary) but also to protect certain private interests, such as reputation and the rights of others. persons or the need to prevent the publication of secret information. This paragraph basically authorizes states to take certain measures to protect those interests, which materialize through rules and normative rules of the right to conscience, opinion and freedom of expression States enjoy a margin of appreciation for establishing the need for such reactions in a state governed by the rule of law, but in the end it is also up to the European Court of Human Rights to rule on the compatibility of interference with the provisions of the Convention, assessing on a case-by-case basis if the interference arises as a result of the urgent social issues and whether it is fair.


2022 ◽  
Vol 27 ◽  
pp. 379-383
Author(s):  
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) ◽  
Author(s):  
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.


Author(s):  
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 ◽  
Vol 18 ◽  
pp. 182-190
Author(s):  
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.


Upravlenie ◽  
2022 ◽  
Vol 9 (4) ◽  
pp. 43-50
Author(s):  
Tu Thi Thoa

Building the rule of law state (referred to as the rule of law) is an objective trend for democratic countries in the modern world, including Vietnam. Thoughts about the rule of law in Vietnam, related to the people’s desire to have an independent state that is organised and acts in accordance with the provisions of law, represents the will and aspirations of the people, protects human rights and citizens’ rights under law, have emerged since the early years of the 20th century. Along with the national liberation struggle, the rule of law state in Vietnam was officially established in 1945, after the victory of the August Revolution (August 19, 1945). It has its own characteristics related to the socialist political regime under the leadership of only one party – the Communist Party of Vietnam.As in many countries around the world, the promotion and expansion of democracy is one of the objectives of building the rule of law in modern Vietnam. The article clarifies some theoretical issues about the rule of law state, the rule of law ideology formation and the rule of law state characteristics in Vietnam. A number of issues that require attention when building a rule of law state to ensure democracy in modern Vietnam is considered


2022 ◽  
Vol 16 (1) ◽  
pp. 12-16
Author(s):  
Oladayo Bifarin ◽  
David Stonehouse

This article discusses the important concept of justice, one of the four ethical principles developed by Beauchamp and Childress (2019) . Gillon (1994) divided justice into three categories: distributive justice, rights-based justice and legal justice. Justice also forms an important part of British values regarding democracy, the rule of law, individual liberty, mutual respect and tolerance of those of different faiths and beliefs. Following an introduction defining what is meant by the term ‘justice’, the relevant parts of the Nursing Midwifery Council code ( NMC, 2018a ) will be identified and presented. There will then follow a discussion on the three categories of justice as laid out by Gillon (1994) and how justice fits in with British values. Finally, this discussion will point towards how justice can be achieved for the patients in your care and the colleagues you work alongside.


Author(s):  
Sergii Melnyk ◽  
◽  
Alina Ignatievа ◽  

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.


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