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Full-Text Articles in Law
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 …
Judicial Independence In Post-Conflict Iraq: Establishing The Rule Of Law In An Islamic Constitutional Democracy, Brian D. Anderson, David Pimentel
Judicial Independence In Post-Conflict Iraq: Establishing The Rule Of Law In An Islamic Constitutional Democracy, Brian D. Anderson, David Pimentel
Brian D Anderson
Contemporary Iraq is facing the full range of challenges that come with post-conflict transitional justice, including “paving the road toward peace and reconciliation” and establishing a functional state, characterized by the Rule of Law. Prospects for the establishment of an independent judiciary in Iraq are obstructed by a number of factors, including (1) how to apply the explicit recognition of the law of Islam in the Iraqi Constitution, (2) the inability to pass legislation on the Federal Courts of Iraq, leaving several provisions of the Iraqi Constitution unimplemented, and other critical elements of judicial independence unaddressed, including provisions for tenure, …