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Articles 1 - 9 of 9
Full-Text Articles in Rule of Law
Can The Commonwealth (Latimer House) Principles Of 2003 Serve As Aneffective Framework Forsafeguarding Democracy, Centre Institute For Public Policy Research (Cippr)
Can The Commonwealth (Latimer House) Principles Of 2003 Serve As Aneffective Framework Forsafeguarding Democracy, Centre Institute For Public Policy Research (Cippr)
Centre Institute for Public Policy Research (CIPPR)
The Latimer House Guidelines were written at the start of the new millennium some 11 years ago. After the Guidelines, other supporting documents have been churned out by the Commonwealth. The Guidelines present a framework for achieving separation of powers to enhance honesty, probity and accountability in government in Commonwealth countries. The outstanding question however is how well these guidelines do invoke Monsieur Baron de Montesquieu’s spirit in view of the current challenges faced by governments in Commonwealth countries? Do the guidelines present an effective framework for safeguarding democracy and the rule of law in the States concerned? These questions, …
The Lost Due Process Doctrines, Paul J. Larkin Jr.
The Lost Due Process Doctrines, Paul J. Larkin Jr.
Paul J Larkin Jr.
In order to render manageable the doctrinal development of the Due Process Clause, the Supreme Court over the last fifty years has attempted to fit its decisions into one of two distinct categories: procedural requirements that the government must satisfy before depriving someone of life, liberty, or property, and substantive limitations on exactly what deprivations the government may accomplish. Unfortunately, neither the law nor life can be so easily classified. The Court has decided numerous cases that defy its recent attempts to divide Gaul into two parts, not three (or more). Several due process doctrines seem to have been isolated …
Assessing The Strength Of The Rule Of Law In New Zealand, Matthew S. R. Palmer Qc
Assessing The Strength Of The Rule Of Law In New Zealand, Matthew S. R. Palmer Qc
The Hon Justice Matthew Palmer
The rule of law is fundamental to New Zealand’s legal system but its content is inadequately understood and observed. This paper calls for the rule of law in New Zealand to be clarified, strengthened and applied. The article offers an essentialised conception of the rule of law that might cross ideological divides and assesses recent Acts of Parliament against that conception. Finally, the article comments on the place of the rule of law in New Zealand’s constitutional culture and calls for its strengthening by establishment of an independent means of assessing draft legislation for consistency with the rule of law.
Russia With “More Than Justice”, Yuliya Kostelova
Russia With “More Than Justice”, Yuliya Kostelova
Yuliya Kostelova
No abstract provided.
Internet Enhancement Of The Role Of Civil Society In Promoting The Rule Of Law In Transitional States, Brian D. Anderson, Howard N. Fenton Iii
Internet Enhancement Of The Role Of Civil Society In Promoting The Rule Of Law In Transitional States, Brian D. Anderson, Howard N. Fenton Iii
Brian D Anderson
The Internet has the potential to play a key role in the way civil society organizations promote the rule of law in transitional states. In many states several barriers stand in the way of utilizing the Internet for this purpose. Challenges that arise include technological deficits and poor infrastructure, socio-economic barriers, government hostility to open information, and civil society organizations unable to reach populations. With the development of new technologies, and increased openness of information, civil society organizations will be better positioned to embrace the use of the Internet to promote the rule of law by helping citizens receive information, …
Compiling Online Legal Information In Transitional States: Challenges And Opportunities, Brian D. Anderson
Compiling Online Legal Information In Transitional States: Challenges And Opportunities, Brian D. Anderson
Brian D Anderson
In transitional states, especially those developing systems of democratic governance, the creation of online, reliable, and accessible legal information systems is a critical component of good governance. When these databases are created, however, there are significant challenges that may arise to achieving a working and sustainable database. Once created, additional opportunities exist for creating better content, educating users, and enhancing the rule of law through open access to laws. This article will address some of the particular challenges and opportunities presented to transitional states when creating an online legal information system, specifically those involving political and social issues from gaining …
Cash Or Credit: The Importance Of Financial Sector Stability In Rule Of Law Operations, Katherine E. Peterson
Cash Or Credit: The Importance Of Financial Sector Stability In Rule Of Law Operations, Katherine E. Peterson
Katherine Peterson
“Rule of Law” missions occur in a variety of circumstances, each mission differing from the last by location, context, extent of operations, participants, or a combination of all of these things and more. These operations can occur during, or immediately after, an armed conflict, intra- or interstate, a natural disaster, or other destabilizing or destructive event. The United States, international organizations, and other developed countries play a significant role in rebuilding these states so that they may one day achieve “Rule of Law.” The U.S. Military defines Rule of Law as “a principle of governance in which all persons, institutions …
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Ryan S. Lincoln
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law. Violations of IHL, however, also give rise to civil liability. Despite the advances with respect to rape made in the …
Traditional Culture V. Westernization: On The Road Toward The Rule Of Law In China, Haiting Zhang
Traditional Culture V. Westernization: On The Road Toward The Rule Of Law In China, Haiting Zhang
haiting zhang
Meaningful studies on China cannot ignore traditional Chinese culture and its influence in the country. A study of the rule of law of China is no exception. Generally speaking, China is not governed primarily by the rule of law. China has traditionally been an agrarian state—a characteristic that has historically fostered a strong family system. China’s agrarian nature also shaped traditional characteristics of Chinese culture in which rule of law is largely non-existent. Historically, the rule of man, a traditional Chinese value, has served as one of the major obstacles to China achieving legal modernization. Substantial legal westernization is an …