Rule of Law Commons^™

Constitutionally Hazardous Ordinances In Pakistan And India, Shubhankar Dam

Shubhankar Dam

No abstract provided.

Why We Don't Understand The Rule Of Law Or Explaining The Rule Of Law: A Practice In Search Of A Theory, Noel B. Reynolds

Noel B Reynolds

This lecture summarizes the main attempts to formulate an understanding of rule of law among legal theorists and explains why they fail to account for the real experience of law. It also explains key characteristics of law that need to be recognized in an adequate account of the rule of law.

Federal Hill Protest Targets Landlords, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

Men Still Visiting Brothels, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

The Union Of Legal And Political Theory, Noel B. Reynolds

Noel B Reynolds

This paper explores the social science concept of conventions as a way of understanding law that would bridge the enduring gap between natural law and legal positivist legal theories. It further finds in the conventionalist approach a promising account of the rule of law—both in how it may be characterized and in how it can be assessed in particular legal systems.

The Uniport Saga And Appointment Of Vice Chancellors, Ondotimi Songi

Ondotimi Songi

The article looks at the regime for the appointment of Vice-Chancellors in Federal Universities in Nigeria following the politicisation of the process and the resultant conflicts. it is suggested that as a way to end or minimise these VC appointment-related conflicts, it is time the Universities (Miscellaneous Provisions) (Amendment) Act 2003 be further reviewed or amended to adequately and expressly state guidelines for appointment of a VC as there are growing and profound fears in leaving or throwing the guidelines to the Governing Council. This should be done with a view to upholding the principle of merit contained in the …

Federal Hill Resident And Restaurateur Forced To Move Because Of Spa-Brothel, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Democratization Of The International Law, Timur R. Korotkiy

Timur R. Korotkiy

The article deals with the processes of democratization of international law, the establishment of democracy in the international legal system. Aside from that in the article explores the issues embodied in international law principles and norms containing liberal- democratic values, the development of international legal mechanisms for the establishment, maintenance and development of democratic institutions in the states and prevention of emergence and existence of undemocratic regimes, democratization of international rule-making procedures and enforcement of norms.

Por Uma Teoria Da Narratologia Jurídica: De Que Modo A Teoria Literária Pode Servir À Compreensão E Crítica Do Direito, Douglas Antônio Rocha Pinheiro

Douglas Antônio Rocha Pinheiro

From historian Carlo Ginzburg’s use of dialogism in the analysis of inquisitorial papers, especially in the "benandanti" case, the article aims to discuss the possibility of a legal reading based on the categories related to literary theory, above all those Mikhail Bakhtin holds, as well as their capacity to provide a new reflection on the legal phenomenon.

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark E. Burge

Mark Edwin Burge

In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal …

Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen

Thomas A Faunce

The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, …

Nanotechnology And The International Law Of Weaponry: Towards International Regulation Of Nano-Weapons., Thomas A. Faunce, Hitoshi Nasu

Thomas A Faunce

The development of nanotechnology for military application is an emerging area of research and development, the pace and extent of which has not been fully anticipated by international legal regulation. Nano-weapons are referred to here as objects and devices using nanotechnology or causing effects in nano-scale that are designed or used for harming humans. Such weapons, despite their controversial human and environmental toxicity, are not comprehensively covered by specific, targeted regulation under international law. This article critically examines current international humanitarian law and arms control law regimes to determine whether significant gaps exist in the regulation of nanotechnology focused on …