Results 251 to 260 of about 166,647,776 (295)
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2017
This chapter analyzes the concept of rule of law. It examines Gustav Radbruch's theory since his argument against the extremes of Nazi law was a pivotal moment in the re-emergence of antipositivist conceptions of legality. It then elaborates Lon L. Fuller's account of eight constitutive, formal features of law that, he contends, begin to get at the ...
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This chapter analyzes the concept of rule of law. It examines Gustav Radbruch's theory since his argument against the extremes of Nazi law was a pivotal moment in the re-emergence of antipositivist conceptions of legality. It then elaborates Lon L. Fuller's account of eight constitutive, formal features of law that, he contends, begin to get at the ...
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The Rule of Law and the Rule of Persons
Critical Review of International Social and Political Philosophy, 2001This essay defends the Rule of Law as a set of formal attributes that any regular system of law must possess. However, it disputes the view that the Rule of Law could itself be a form of rule and hence offer criteria of good governance. Consequently, the qualities of fairness and equity associated with the Rule of Law must be seen as the product of a ...
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Law's Rule: Reflexivity, Mutual Accountability, and the Rule of Law
SSRN Electronic Journal, 2013The rule of law promises protection and recourse against the arbitrary exercise of power. Not only must those who govern rule with law, they must themselves be ruled by law. The rule of law requires reflexivity — law’s rule of those who rule with law and in its name. This essay explores the conditions for the realization of law’s rule.
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2019
Currently the European Union is in the process of applying certain sanctions in respect of member states that are allegedly in violation of the rule of law (RoL), a fundamental requirement of membership. Sizeable sums of development aid and international loans directed to developing countries are held back for non-observance of the RoL and loans are ...
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Currently the European Union is in the process of applying certain sanctions in respect of member states that are allegedly in violation of the rule of law (RoL), a fundamental requirement of membership. Sizeable sums of development aid and international loans directed to developing countries are held back for non-observance of the RoL and loans are ...
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Jahrbuch des öffentlichen Rechts der Gegenwart. Neue Folge, 2017
The 4th edition of the first volume of this work provides an update of the commentary on the preamble and articles 1 to 19 in case law and literature. The structure of the book has been retained and its content supplemented by more recent developments, such as the implications of Europeanisation and digitalisation as well as the Corona pandemic.
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The 4th edition of the first volume of this work provides an update of the commentary on the preamble and articles 1 to 19 in case law and literature. The structure of the book has been retained and its content supplemented by more recent developments, such as the implications of Europeanisation and digitalisation as well as the Corona pandemic.
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Tripartite Rules: Rule of Man, Rule by Law and Rule of Law
2013This chapter traces the general chronological sequence of China’s rule of man, rule by law, and rule of law experiences. The highlights of the discussion are the imperial China’s blended rule of man and rule by law traditions and the use of rule of law promotion as a nation-building instrument at multiple points of sociopolitical transition in Chinese ...
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2016
The work we present here is the outcome of three research projects, conducted over the last six years, and in pursuit of two goals: to cast light on a new phenomenon—judicial networks—and to assess the effects this phenomenon might have for the administration of justice in Europe.
PIANA, DANIELA, DALLARA, CRISTINA
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The work we present here is the outcome of three research projects, conducted over the last six years, and in pursuit of two goals: to cast light on a new phenomenon—judicial networks—and to assess the effects this phenomenon might have for the administration of justice in Europe.
PIANA, DANIELA, DALLARA, CRISTINA
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1996
The chapter opens the collection with a tour d’horizon of the origins, lifetime and experience of implementing the treaty from the perspective of a CERD member. It argues that the treaty ought to be considered a significant step forward in the extension of the rule of law.
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The chapter opens the collection with a tour d’horizon of the origins, lifetime and experience of implementing the treaty from the perspective of a CERD member. It argues that the treaty ought to be considered a significant step forward in the extension of the rule of law.
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Journal of Offender Counseling Services Rehabilitation, 1980
Violence in an epoch of prison riots, police brutality, and political terrorism raises serious philosphical questions. In a democratic state, it is imperative to ask whether the law can be used to control violence, and, correlatively, what the proper role is for violence in enforcing the law. An analysis of the concept of violence is presented in which
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Violence in an epoch of prison riots, police brutality, and political terrorism raises serious philosphical questions. In a democratic state, it is imperative to ask whether the law can be used to control violence, and, correlatively, what the proper role is for violence in enforcing the law. An analysis of the concept of violence is presented in which
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The impossibility of the rule of law
Oxford Journal of Legal Studies, 1999No community fully achieves the ideal of the rule of law. Puzzles about the content of the ideal seem to make it necessarily unattainable (and, therefore, an incoherent ideal). Legal systems necessarily contain vague laws. They typically allow for change in the law, they typically provide for unreviewable official decisions, and they never regulate ...
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