Rule Of Law Research Articles

The constitutional impact of rule-of-law spending conditionality

Abstract The negotiation of an unprecedented recovery package to address the consequences of the COVID-19 pandemic provided momentum for a new instrument to condition the disbursement of EU funds to compliance with the rule-of-law principles. Regulation 2020/2092 (“the Conditionality Regulation”) was aimed at protecting the financial interests of the European Union and the sound management of EU funds against breaches of the rule of law. The aim of this article is to assess the validity, effectiveness, and broader impact of rule-of-law conditionality upon the EU constitutional architecture. The effectiveness in practice of the Conditionality Regulation is evaluated, together with the role of other conditionality mechanisms that have been used to promote rule-of-law standards, mainly the Recovery and Resilience Facility, which is the centerpiece of the NextGenerationEU package, and the Common Provisions Regulation, which includes a horizontal enabling condition that makes EU funds contingent upon the effective implementation and application of the EU Charter of Fundamental Rights. The suitability of rule-of-law conditionality as a form of governance with the current EU constitutional architecture is critically examined. Conditioning funding to promote values raises concerns from a constitutional perspective that include the risk of competence creep, repercussions for citizenship, and, finally, the undermining of trust and solidarity in interactions among member states. The Conditionality Regulation represents a relevant addition to the toolbox of instruments devised to address rule-of-law backsliding in the European Union, yet the expansion of rule-of-law conditionality could also be consequential for the ethos of the European Union.

An Empirical Analysis on Institutional Quality, Fiscal Policy and Debt Sustainability in Sub-Saharan Africa (SSA)

Many Sub-Saharan African (SSA) countries are finding it difficult to fulfill their massive debt repayment obligations, which bilateral financial institutions have declared to be unmanageable. Government institutions are to blame for such disparities in the budgetary components, which have been empirically confirmed to be detrimental. Part of the reason for SSA's income generation and debt management problems is related to fiscal policy components where there has been an unwarranted exaggeration of government expenditure. Accordingly, the current study used a panel Autoregressive Distributed Lag (ARDL) to examine how fiscal policy and institutional quality affected the sustainability of debt in 48 SSA nations between 2008 and 2022. The study’s findings suggested that the elements of fiscal policy (expenditure and revenue) as well as indicators of institutional quality (governance), such as control of corruption, effectiveness of government, political stability, absence of violence, regulatory quality, the rule of law, voice, and accountability, were important in explaining the long-term sustainability of public debt. The speed of adjustment to the long-run equilibrium was slow, which may be related to the unstable governance in each of the cross-sectional nations. Hence, the study concluded that the interactive effects of institutional quality and fiscal policy significantly influenced debt sustainability in the long run. The study’s conclusions can be very helpful to policymakers, particularly in those nations where major fiscal and external imbalances are being generated by low ratings for key institutional quality indices.

The rights and obligations of consumers, banks and developers in the home purchase agreement through the home ownership loan facility (STUDY PT.PILAR WAHANA SEJATI)

This study aims to (1) Examine and analyze the legal relationship between consumers and developers due to the Home Purchase Agreement. (2) reviewing and analyzing the legal protection of Home consumers due to the obligations of the developer due to the house sale and purchase agreement. The research method used is juridical normative by using conceptual (conceptual approach). Data analysis is done qualitatively by utilizing relevant positive theories and laws. Legal protection of consumers is regulated in law No. 8 of 1999 on consumer protection this law is expected to protect consumers in buying and selling homes through home ownership credit facilities. Based on the rules of law ,then in making the sale and purchase of houses must be made in the form of an authentic deed that is a deed that is made in the form specified by law and made before the competent public officials. Deed of sale and purchase under Article 617 of the Civil Code Kepmenpera number 09/1995 and PP24 / 1997, The Deed of sale and purchase must be signed by the seller and buyer in the presence of PPAT.

Do governance indicators have a role in remittances-growth nexus in Egypt?

Purpose ― Drawing on annual data from 1996 to 2022, this study aims to examine the effect of Egypt’s real GDP growth. Methods ― Autoregressive Distributed Lag (ARDL) and Cointegration technique are applied by first examining the stationarity of the series by utilizing the Augmented-Dicky-Fuller (ADF) unit root test. The bound cointegration test is then implemented to evaluate the existence of cointegration among the variables. Findings ― The results indicate that the GDP growth rate has a long-run positive relationship with remittance inflows in Egypt. This paper also finds that the average governance indicators in Egypt, which include government effectiveness, political stability, control of corruption and regulatory quality, voice and accountability, and the rule of law, could help facilitate the long-run effect of remittances on GDP growth. Implication ― The findings imply that maintaining high levels of governance indicators is essential for helping Egypt benefit from remittances and enhancing its economic growth.Originality/value ― The study is a pioneer in including the average governance indicators in the remittance-growth nexus study for Egypt. Its purpose is to assess whether governance quality affects the nexus and whether there exists a threshold for the average governance indicators below which the flow of remittances does not encourage economic growth.

Identification of Legal Psychology as an Independent Branch of Law

The science article conducts a theoretical and legal analysis of a new field of scientific knowledge – legal psychology from the standpoint of its perception as an independent branch of law. In the context of the above, the problematic aspects of legal psychology as a scientific, educational and applied branch of legal knowledge are studied on the basis of previously developed by legal psychologists levels of interaction and integration of law and psychology. The formation of legal psychology as a science and vectors of application of its achievements in judicial practice is analyzed. The author's approach in the formation of a new independent branch of law – legal psychology and determining its place in the classification of branches of law is proposed. The author emphasizes the need and urgent demand for the separation of legal psychology as a separate special branch of law that can regulate specific legal relations inherent in the fundamental (profiling) branches of law. The relevance of the article is due to the fact that in domestic legal science the division of the legal system in the field is assessed not in terms of its practical value, but rather in terms of confirming and defending certain scientific and theoretical ideas and concepts, contrary to the expediency of combining certain legal relations in the branch of law to achieve the desired social result through comprehensive study and regulation of specific relations. This, in turn, slows down the formation of new branches of law demanded by legal practice, among which legal psychology is singled out. It is emphasized that the question of the branch affiliation of legal psychology has not only theoretical but also practical significance, uniting individual legal relations in the field of law in order to achieve the desired social result through comprehensive study and regulation of these relations. Attention is drawn to the special classification of legal psychology as a special branch of law, as the latter combines the rules of law governing public relations and related to primary social relations aimed at concretization, strengthening certain rules of basic branches of law, while providing special legal regime for a particular type of social relations. By subordination in legal regulation, legal psychology belongs to the procedural types of branches of law, as it combines the rules of law that determine the procedure, the order for implementing substantive law (criminal procedure, civil procedure, commercial procedure, administrative procedure law). It is proposed to include legal psychology in an independent branch of law, given the presence of features that are inherent in the branches of law; the specificity of the regime of legal regulation; its direct connection with the needs of practice; recognition of its achievements in judicial practice; unification of certain legal relations in the subject of law; conditionality of functional purpose and the place of this industry in the legal system (its type in the classification of industries).

Trust in Philanthropy: An Examination of Multidisciplinary Factors

This article explores and consolidates the factors that influence the donor’s trust from cross-disciplinary literature, and we put factors from these different fields to the test in one topic: the donor’s trust in the fundraiser organisation. Grounded on the literature, we can say that there are nine themes of constructs that influence trust. This research utilised a quantitative survey approach and PLS-SEM as an analysis platform to analyse the data collected. We have discovered that our respondents who represent donors strongly agree that their trust is heavily influenced by perceived security, rule of law, organisational personnel personality, communication effectiveness, reputation, perceived integrity, and perceived competence. Cross-disciplinary studies are profoundly helpful towards deeper knowledge and enhance the learning experience and enable the transfer of ideas across many areas of study easier. The findings should contribute to the theoretical knowledge specifically on trust antecedent in the philanthropy setting and other disciplines. The findings presented in this paper may also be useful as input for fundraisers to build and strengthen the level of their donor’s trust. This article explores and consolidates all factors that influence donor trust, which has been published in the literature and presents the results from the cross-examination of these factors.

On the Doctrine of the Direct Effect of European Provisions Regarding the Requirement of Enforceability

This paper analyses the interpretation of direct effect in terms of its contribution to the development of an efficient European legal system. A precondition for efficiency is the enforceability of provisions. The concept of direct effect, interpreted on the basis of a questionably adequate understanding of the concept of monism taken over from international law, should enhance enforceability by disabling national agents to interfere or to perform the “handover” of rights from the EU level to citizens. Such understanding leads to the national practice applying direct effect in a simplified, plain, and bureaucratic way, and distancing from the substance of provisions. In the cases where, intentionally or not, direct effect/direct applicability are sometimes denied and sometimes recognised to directives and regulations, the CJEU shows how to deal with such situations occurring in the activities of the European regulatory institutions. To fulfil its purpose, national agents applying European law should deploy the underutilised but demanding “shield and sword” approach regarding direct effect. Such an approach, which requires almost equally intense engagement as in the case of indirect effect (also insufficiently exercised at the national level), should defend individual rights from both national and supranational unfavourable influences. In doing so, fundamental rights and general principles encouraged and taken care of by the CJEU, which are and should be the cornerstone of the EU legal system, and which are ultimately a justification for the Member States to embrace the principle of supremacy of European law, should be taken into account.

Sistem Pengelolaan dan Pengembangan Wakaf Secara Produktif di Pondok Pesantren Al-Uswah Kuala Kabupaten Langkat Menurut Undang-undang No. 41 Tahun 2004 Tentang Wakaf

The purpose of this study was to determine the productive waqf management and development system at the Al-Uswah Kuala Islamic Boarding School, Langkat Regency, and also to find out the forms of productive waqf management and development at the Al-Uswah Kuala Islamic Boarding School, Langkat Regency. This type of research includes empirical research with a qualitative approach. The subject of this study involved the Chairperson of the Al-Uswah Kuala Islamic Boarding School Foundation, Nazhir Waqf, and the Community, with a qualitative descriptive research analysis. The results of the research conducted show that the waqf management and development system productively at the Al-Uswah Kuala Islamic Boarding School, Langkat Regency is carried out by administering and collecting data on waqf assets, then recording them in a notarial deed so that they have permanent legal force, and carrying out maximum supervision so that the utilization Waqf assets are in accordance with their function and main objective, which is to develop Islamic education as a place to nurture true Muslims. Then, the productive management and development of waqf at the Al-Uswah Kuala Islamic Boarding School in Langkat Regency is carried out in two forms, namely the physical form in which waqf assets are developed by adding and constructing various buildings needed in the educational process at the institution. Apart from that, it is also being developed in the form of waqf management policies especially for the needs of the students, for example providing free tuition fees for orphans and high achieving students so as to help the Muslim community (santri's parents). While the form of waqf assets is distributed to the surrounding community in the form of donations such as groceries and so on at certain moments. So that the productive management and development of waqf assets is in accordance with Law no. 41 of 2004 concerning Waqf.

Legal Review of Ship Certification After the Issuance of Law Number 11 of 2020 Concerning Job Creation

This research examines the shift in authority and processes related to the certification of fishing vessels in Indonesia after the enactment of Law No. 11 of 2020 on Job Creation. The primary objective of this study is to analyze the legal force and implications of the transfer of authority from the Ministry of Transportation to the Ministry of Marine Affairs and Fisheries (KKP) in issuing fish vessel certifications. Using a normative juridical approach, this study investigates the procedural changes, challenges, and impacts of the new regulatory framework on fishing vessel safety and compliance. The findings show that the Job Creation Law simplifies licensing procedures while ensuring the safety and seaworthiness of fishing vessels. However, the study also highlights the challenges posed by a shortage of qualified inspectors, leading to delays in the certification process. This research underscores the need for regulatory adjustments and additional inspector training to align the maritime sector with the law’s goal of promoting safety and business efficiency.

Land disputes on legal certainty in South Sulawesi South Sulawesi in 2023

Objective To begin with, the plaintiff is questioned about the contents of his claim. The judge can make a decision with the help of local examination. When it comes to the construction of evidence in civil cases, the duties and responsibilities of local examination of the object of land dispute is an issue that arises. shows that local examination based on Article 153 HIR, Article 180 R. Bg or Article 211 Rv as well as SEMA No. 7 of 2001 does not reflect legal certainty because it does not regulate the mechanism of local examination in the field thoroughly, which leads to many interpretations. In addition, it is still ambiguous whether local examination is a means of evidence whose value is left to the judge or whether local examination is only an examination tool or method of obtaining evidence. Research Results and Discussion Local inspection results are a valid source of evidence in civil cases, local examinations have the following legal consequences: (1) court costs if the judge requests a local examination; and (2) the evidentiary power of the local examination. Both of these are legal consequences that need to be clarified in future regulations. elements that need to be clarified in future regulations. Conclusion In civil cases, all cases relating to immovable property are required to ensure legal certainty in the future regulation of local inspection of land. to create legal certainty regarding local inspection, the diversity of this regulation is very important. In order to create legal certainty regarding local examination, diversity of regulation is essential. Regulations regarding local examination should be established at the level of a law so that they have strong legal force against all parties involved in the case, including judges, clerks, and all other parties.

EU Regulatory Polity 3.0 for Compliance with the Rule of Law: When Depoliticising Goals Lead to Uneven Politicisation

Abstract Since limiting judicial independence in Hungary and Poland, the politics of the rule of law crisis have been examined by various scholars discussing conflicts within and between EU and domestic institutions. The rule of law is no longer a purely national affair – it is of high political salience both for the Member States and the EU polity. The question addressed here is: how has the rule of law crisis reshaped the EU’s modes of governance? We argue that to safeguard this common value, the EU is evolving into a regulatory polity (3.0). This development marks a shift from Majone’s EU regulatory state’s focus on regulating markets (1.0) and regulation in core state powers in times of crises (2.0) to regulation on the core values of the polity (3.0). The article shows that in a context of growing dissensus over the rule of law, EU institutional actors have sought to strengthen “rulemaking,” “rule monitoring” and “rule enforcement” through a regulatory approach anchored in a market logic. It also shows that shifting from the traditional regulatory state 1.0 to regulation in core state powers 2.0, the regulatory polity 3.0 strengthens the EU’s institutional capacity to act when the rule of law is under strain through depoliticised “rule monitoring” and politicised “rulemaking“ and “rule enforcement“ as illustrated in the cases of Hungary and Poland discussed in this article.

Rule of law, economic structure and development

AbstractIf rule of law encourages relationship‐specific investments, then industries that use intermediates which require relationship‐specific investments should have a disproportionately low share of output or labour in countries where rule of law is weak. We find robust support for this prediction using data on industry composition for 189 countries. Using a standard preference framework to construct model‐implied income values from the estimated coefficients, we find that the interaction between relationship specificity and rule of law may be an economically significant determinant of aggregate outcomes through its influence on productivity and economic structure.

Breaking the Silence: Fighting Injustice with Anti-Marginalization Advocacy

This article delves into the persistent issue of human rights violations against Scheduled Castes SC and Scheduled Tribes ST in India, despite the country’s celebration of its 75th anniversary of independence from British rule. It critically examines the historical and ongoing suppression of marginalized communities through the lens of modern - day slavery under the rule of law, with a focus on the legal and societal frameworks that perpetuate such atrocities. The author, a law student, employs a multidisciplinary approach to explore the gaps in the enforcement of legal protections and the stark inequalities that exist within Indian society. Drawing on reports, legal statutes, and the Constitution, the article highlights the increase in crimes against SC and ST communities, underscoring the need for stringent enforcement of laws and a coordinated effort among various stakeholders to address these violations. It proposes remedial measures aimed at systemic transformation, including building capacity, streamlining processes, and sensitizing the public. The article concludes with a call to action for every citizen to contribute to the fight for equality and dignity for marginalized communities, embodying the principles enshrined in the Indian Constitution.

THE COLLECTIVE HUMAN RIGHT TO HISTORICAL REPARATION VERSUS THE PRECLUSION OF THE RETROACTIVE APPLICATION OF INTERNATIONAL LAW IN THE AREA OF STATE LIABILITY

It is unanimous in International Law that anyone who has committed an unlawful act must make reparations. However, there has been an increasingly pressing debate over whether it is possible to hold colonial powers legally liable for acts and crimes committed in the past in their former colonies. The rules of international liability indicate, among other issues, that time has already exerted its preclusive influence on possible claims for reparations, according to the rules of intertemporal law, which leads one to believe that International Law still seems incapable of helping those who were colonized and enslaved, since in practice the issue of the collective human right to historical reparations versus the preclusion of the retroactive application of International Law in matters of State liability is being discussed. However, some issues have arisen recently, such as the recent statement by the then Portuguese president, recognizing Portugal's responsibility for enslavement and crimes that occurred during the colonial period. Thus, and given the context of the current scenario, we seem to be witnessing an important historical step in a larger political-legal process. It seems premature to talk about a collective human right to historical reparation, however, it seems that a period of long and important debate is beginning, which is on the agenda of major newspapers, social networks and academic research. Thus, this movement may lead in some way to effective reparation for the serious violations committed in the past.

Judicial control cause and causation in the United Arab Emirates

Judicial control in administrative law has become a necessity in administrations. Given the significant role it plays in confronting illegal activities and preserving property, money and the security of individuals in society. This research aims to introduce judicial in the United Arab Emirates and discuss the relationship between cause and causation.The descriptive analytical approach was used to study the research problem.the research conclude that cause and causation the most important element that enables the judiciary control the legality of the administration’s decisions. It is of great importance safeguards to protect individuals from abuse of administration by informing the person concerned of the reasons for making the decision, since the administration, in exercising its powers, must respect the set of legal rules established for it in the State.the research recommend that the competent authorities to make causation an essential part of the cause and a failure to render administrative decisions null and void in order to ensure transparency and to affirm the rule of law, with the exception of acts of supreme sovereignty, in order to preserve the supreme interest of the State.

Sistem Pengelolaan dan Pengembangan Wakaf secara Produktif di Pondok Pesantren Al-Uswah Kuala Kabupaten Langkat: Studi Analisis Menurut Undang-Undang No. 41 Tahun 2004 tentang Wakaf

ABSTRACT The purpose of this study was to determine the productive waqf management and development system at the Al-Uswah Kuala Islamic Boarding School, Langkat Regency, and also to find out the forms of productive waqf management and development at the Al-Uswah Kuala Islamic Boarding School, Langkat Regency. This type of research includes empirical research with a qualitative approach. The subject of this study involved the Chairperson of the Al-Uswah Kuala Islamic Boarding School Foundation, Nazhir Waqf, and the Community, with a qualitative descriptive research analysis. The results of the research conducted show that the waqf management and development system productively at the Al-Uswah Kuala Islamic Boarding School, Langkat Regency is carried out by administering and collecting data on waqf assets, then recording them in a notarial deed so that they have permanent legal force, and carrying out maximum supervision so that the utilization Waqf assets are in accordance with their function and main objective, which is to develop Islamic education as a place to nurture true Muslims. Then, the productive management and development of waqf at the Al-Uswah Kuala Islamic Boarding School in Langkat Regency is carried out in two forms, namely the physical form in which waqf assets are developed by adding and constructing various buildings needed in the educational process at the institution. Apart from that, it is also being developed in the form of waqf management policies especially for the needs of the students, for example providing free tuition fees for orphans and high achieving students so as to help the Muslim community (santri's parents). While the form of waqf assets is distributed to the surrounding community in the form of donations such as groceries and so on at certain moments. So that the productive management and development of waqf assets is in accordance with Law no. 41 of 2004 concerning Waqf. Keywords: Management, Development, Productive Waqf.

Constitutional Overhaul, the War in Gaza, and the Puzzle of Civic Mobilization in Israel

Abstract Much has been written on the constitutional overhaul in Israel, and the attendant constitutional crisis in the first nine months of 2023. Since October 7, however, with the breakout of the Israel-Gaza war, the overhaul was seemingly shelved. This Article seeks to connect both events, by comparing the legal-political response to the overhaul with the legal-political response to the war. It asks why, given the intensity of the protest movement generated by the overhaul, there was a dearth of protest activity after the war, even though both events implicated similar values, namely the rule of law and individual rights, championed by the protest movement. I argue that a central reason for the disparity cannot only be explained by the dynamics of war but also due to the tensions and complexities inherent in Israel’s self-professed constitutional identity as a Jewish and democratic state. In particular, I argue that anti-overhaul protests appealed to liberal universalist values to garner bipartisan support, with the effect of bypassing substantive issues such as the occupation of the Palestinian Territories and discrimination faced by Israeli Palestinians. This explains the lack of Arab participation in the protests, as many perceived them to be an internal Jewish Affair. Thus, when post-war repressive measures mostly affected Israeli Palestinians, the protest movement failed to rally in their support. Although anti-overhaul protests could have brought about greater liberal consolidation in Israel, the relative lack of post-war mobilization casts lingering doubts on the possibility of long-term consolidation of liberal values in Israel. Attempts to depoliticize the protests, while perhaps successful in warding off the overhaul, and though impressive on their own, have likely failed in instilling deeper, more resilient, liberal values in Israel.

Mutualism: a model for managing risk in P2P sharing

Abstract This article explores how the risk structure currently adopted by the sharing economy, in particular the highly formalised and contrived systems of contract constructed by platforms, is largely constituted by the rules of property law. This effectively ties sharing activities to the old model of private property and its accompanying boundaries of privatised risk and value and undermines the efforts of collaboration to supersede those boundaries through peer-to-peer co-production of value. This article aims towards presenting an alternative model of risk distribution for the sharing economy that is more reflective of its collaborative nature. To this end, I will draw on ideas from commons and mutualism and propose the possibility of creative use of contracts to stipulate positive duties and obligations between collaborative partners as a device to construct a collective and/or mutual risk system.

Addressing the risks of generative AI for the judiciary: The accountability framework(s) under the EU AI Act

The rapid advancements in natural language processing, particularly the development of generative large language models (LLMs), have renewed interest in using artificial intelligence (AI) for judicial decision-making. While these technological breakthroughs present new possibilities for legal automation, they also raise concerns about over-reliance and automation bias. Drawing insights from the COMPAS case, this paper examines the implications of deploying generative LLMs in the judicial domain. It identifies the persistent factors that contributed to an accountability gap when AI systems were previously used for judicial decision-making. To address these risks, the paper analyses the relevant provisions of the EU Artificial Intelligence Act, outlining a comprehensive accountability framework based on the regulation's risk-based approach. The paper concludes that the successful integration of generative LLMs in judicial decision-making requires a holistic approach addressing cognitive biases. By emphasising shared responsibility and the imperative of AI literacy across the AI value chain, the regulatory framework can help mitigate the risks of automation bias and preserve the rule of law.

The Impact of Political Interference on the Judiciary: India Vs. Pakistan

This paper investigates the significant effects of political interference on the judiciary in India and Pakistan, two countries with a common colonial history but differing paths since gaining independence. The judiciary serves as a fundamental pillar of democratic governance, designed to function independently while protecting the rule of law and upholding constitutional rights. Nevertheless, in both nations, political influences have notably affected judicial operations, compromised judicial independence and eroding public confidence. Through a comparative examination, this study highlights important historical moments, landmark rulings, and constitutional frameworks that demonstrate the degree and nature of political interference within both judicial systems. In India, such interference has emerged through executive control over judicial appointments and crises, notably during the Emergency period from 1975 to 1977. In contrast, Pakistan's judiciary has experienced direct meddling from military governments and political authorities, frequently rationalized by the contentious Doctrine of Necessity. Additionally, the paper investigates how the judiciary has responded to these interferences, including instances of judicial activism and civil society initiatives that promote judicial independence, such as the Lawyers' Movement in Pakistan. Ultimately, this research emphasizes the urgent need for strong protections to ensure judicial independence, bolster public trust in the judiciary, and maintain democratic principles in both countries. By highlighting the comparative experiences of India and Pakistan, this study aims to enrich the broader discussion on judicial independence in South Asia.