Rule Of Law Concept Research Articles

Analysis of law-based administrative law governance in the context of the sharing economy

Abstract Driven by digitalization and Internet development, the sharing economy model challenges traditional government regulation and requires new rule of law concepts and methods. The article uses structural equation modeling (SEM) and multiple linear regression analysis, and we empirically analyze the data of A-share listed companies between 2012 and 2022. It is found that the development of the sharing economy has a significant positive impact on government regulation and public services. In particular, for every 1% increase in the level of sharing economy development, the government’s regulatory capacity increases by 0.854%, while the public service capacity increases by 0.636%. This indicates that the sharing economy enhances the government’s regulatory capacity and promotes the innovation and expansion of public services. In addition, the regional Analysis shows that the sharing economy has a more significant impact on administrative law governance in the eastern and northeastern regions. In contrast, the effect in the western region is not important. In summary, this study proves the sharing economy’s importance in enhancing administrative law governance and provides empirical evidence for policy makers.

Institutionalized international security alliances: defending fundamental human rights

The in-depth study examines the international cooperation status quo dedicated primarily to protecting modern democratic values by coordinating international actors’ endeavors and, thus, constituting global human rights protection architecture.
 The author endeavors to provide a unique description of the institutionalized security alliances, attempt to search its similarities and differences, and sets highlights and lays the foundation for further scientific developments of mentioned above as basics for the future of the security sector at least on the European continent.
 The article is based on the tendency to intensify regional cooperation in modern international relations that was clear last decades. As well as there is a perception that the role of each regional organization separately, as well as their cooperation with common sense as a whole, are more prepotent now than ever.
 The common interests in question are international cooperation to ensure stability, peace and security, economic and cultural development, human rights protection and democratic good governance and modern international law pillars, standards based on the doctrine of equality of states and the rule of law concept.
 The author says that such cooperation in Europe on a regional level is determining and is going to determine the way of international community development in the nearest future. Eventually, the author proves the fundamental human rights-oriented concept remains dominant within the contemporary democratic order and human rights protection is an essential priority of the developed states.
 Ukraine needs to seek creative methods of communication with different states based on personal interaction history, joint touchpoints and geopolitical interests to set up newly discovered and renew the operation of previously formed subregional actors. This approach covers both the existential needs and critical advantages of Ukraine, together with ensuring the role of Ukraine as a key player within the newest unique regional fundamental human rights protection system.

Dinamika Negara Hukum dalam Sistem Demokrasi Pancasila di Indonesia

This research discusses the dynamics of the rule of law in the Pancasila democracy system in Indonesia. This study uses a descriptive qualitative method by presenting various opinions of figures from credible library data. The focus of discussion in this research is related to the dimensions of the rule of law, politics and power which presents political parties and action theory in politic, and the concept of shifting power from a juridical point of view, then politics and power distribution discusses the distribution of power in the Constitution. 1945, the power of the presidential institution, the president and ministers, the power of the Supreme Court (MA), the power of the constitutional court (MK), the power of the Supreme Advisory Council (DPA), and the power of the regional representative council (DPD) and the power of the Supreme Audit Agency (BPK), and also discussed the political dynamics of the past; old order, new order and reform era. At pthe principle of a rule of law is to realize the protection of life for the people against government actions and the recognition and protection of human rights. Because the rule of law concept is rechtstaats, the rule of law, and the constitutional state of Pancasila. Meanwhile, there are three elements of constitutional government; government that is carried out by the public interest, government is carried out according to law based on general provisions, and constitutional government, that is, government that is carried out by the will of the people, not in the form of pressure imposed by the government.

The role of constitutional policy in the formation of a democratic society and the rule of law in the conditions of the Russian legal system

The study purpose is to estimate the direct relationship of constitutional provisions and other sources of constitutional law with the rule of law concept, law and democracy effectiveness, to compare and determine the priorities of Russia’s constitutional values. Through a comparative legal method, issues related to the constitutional provisions interpretation and legal system characteristics at specific stages of its development in Russia and foreign countries are examined. The results of this study reveal the essence of the genesis and evolution of sources of Russian constitutional law and are of practical importance for subjects of the formation of state policy in the field of constitutional law.

The Inter-American Responses during COVID-19: Development of Green Human Rights in Indigenous Cases at the Regional and National Levels

Latin America is often considered the world’s most unequal region. This inequality is not limited to socioeconomic differences; it is also seen through discrepancies in access to nature, land, and natural resources. The Covid-19 pandemic has intensified existing vulnerabilities felt by communities, especially susceptible to environmental degradation through furthering their socioeconomic disadvantage. Faced with challenges related to the national implementation of certain rule of law concepts and practices, and the lack of access to sufficient domestic remedies, regional plaintiffs have often reached out to the Inter-American system as an arbiter for human rights abuses. Recent jurisprudence of both the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights has broadened the scope of recognized rights infringed by State Parties to the Inter-American human rights system, particularly in fields relating to environmental issues, natural resource rights and the rights of vulnerable and marginalized communities. Critical to this is the Inter-American Court’s development of the inter-dependence of green human rights in Indigenous cases. Set against this backdrop, the Covid-19 pandemic provides an opportunity to analyze existing and evolving legal trends, giving the Inter-American human rights system fertile ground to address emerging legal topics on human rights and the environment. This article addresses this evolving jurisprudence, using recent cases brought to the Commission’s attention as case studies on the development of this relationship.

RULE OF LAW AND ITS EFFECT ON CHINESE ECONOMIC DEVELOPMENT

China's economic growth during the Covid-19 pandemic was impressive because it did not fell into recession. China's government has become a role model for facing Covid-19 outbreaks. China is now the world's wealthiest country, if we see its Gross Domestic Product from Purchasing Power Parity (GDP-PPP). China's position as the number one globally is faster than Jacques's prediction in 2009 that it will happen in 2050. For China, which does not implement liberal democracy, the writer hypothesizes that the reasonable choice to develop the economy is state-driven development through the rule of law. At present, the rule of law has become a daily conversation of the Chinese people. However, there are still many outsiders who doubt China has and applies the rule of law. It happens because China implements the rule of law with Chinese characteristics. This research will study the rule of law with Chinese characteristics, China's effort to implement the rule of law, and the rule of law on China's economy. This study uses a qualitative descriptive approach to explain the rule of law with Chinese characteristics. It will analyze the rule of law concept and its effect on China's economy. China applies the rule of law with Chinese characteristics based on Chinese traditions, which are heavily influenced by Confucius's teachings and prioritize obligations rather than rights. China has done many reforms action to implement the rule of law. The implementation of the rule of law in china makes China become a prosperous country now.

ІСТОРИЧНІ ТА ФІЛОСОФСЬКІ ЗАСАДИ СТАНОВЛЕННЯ ТА РОЗВИТКУ ПРИНЦИПУ ЗАКОННОСТІ В КРИМІНАЛЬНОМУ ПРАВІ

The system of strong rules of imposing penalties is the main characteristic of the field of criminal law in modern democratic states. Incorrect implication of the criminal law provisions will directly affect human rights and freedoms. The issues of criminal law correspondence with the human rights concept and the rules of interpreting criminal law provisions are still actual even for the states with sustainable democratic development. All these problems are covered by legality in the rule of law concept. Historical method is quite useful in legal research, especially in untangling legal problems, which have roots in the past. Raising and development of legality through centuries will help us to fully interpret values, which are the grounds of this principle. In the XXI century B.C., the law on criminal liability contented one beautiful rule – “if you act illegally – we can kill you”. Fortunately, criminal law provisions are changing through time. Arbitrariness of the sovereign, vague in the implication of penalty, uncertainty in the criminal law provisions – all these problems were the main engines for the liberal revolutions in the XVII century. As a result, modern nations have similar meaning of the legality in criminal law, as in the French Declaration of the Rights of Man and of the Citizen of 1789 or the Constitution of the United States of 1787. Legality in criminal law consists of such main values as freedom and individual autonomy, democracy, separation of power as well as the rule of law. The works of philosophers in the Enlightenment era (such as Montesquieu, Hobbs, Feuerbach, Beccaria) have had a huge impact on the development of these values and can help us to find modern interpretation of the meaning of legality. This paper provides us with the reasoning, why the above values are important for understanding legality as the principle of criminal law. Legality not only brings us protection from the unlawful legal provisions. There are examples in history, when the law allowed to commit atrocities. The decisions of International Military Tribunal at Nuremberg show us the way to resolving this dilemma and import us the general principles of law recognised by civilised nations as a ground for criminal liability. Our results illustrate that the legality in criminal law is the scope of provisions, which establish special requirements to the lawmaking process (including the elements of substantive and procedural democracy), the process of interpreting the criminal law provisions as well as the process of applying the law in every individual case.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

Abstract The present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

Abstract The present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

Доктрина верховенства права: аналіз стану наукової розробки проблеми в Україні (2010–2020 роки)

Once a new rule of law concept was enshrined in the Constitution of Ukraine in 1996, the Ukrainian scientific doctrine developed two key approaches to understanding it: via its content and correlation of rue and law concepts (so-called integral approach) as well as via clustering rule of law elements, components and requirements (so called element-by-element approach). The 2016 Constitutional reform amended the paradigm of executing justice in line with the new wording of Article 129 of the Constitution of Ukraine: in executing justice a judge is governed by rule of law (the superseded wording read abiding by the law only). Hence a compelling need emerged to determine which of the approaches to understating rule of law is operant and applicable to implementing the said Constitutional reforms in practical terms. The purpose of the article is to incisively analyze the approaches of the Ukrainian law science towards understanding rule of law in order to determine an approach a judge should be governed by while executing justice in compliance with Article 129 of the Constitution of Ukraine. Research methodology combined an array of general scientific (analysis and synthesis, systemic and generalization approaches) and special (historical, comparative and logic) methods. Works of foreign and national scholars, reports and studies on rule of law prepared under the aegis of the Venice Commission as well as legal acts served as theoretical foundation of the study. The scientific novelty of the study is that the conducted analysis of the sources for understanding rule of law indicates significant build-up thereof over the last decade. Analysis of the new sources affords the conclusion that the soft law documents (2011 Report On The Rule Of Law of the Venice Commission and the Rule of Law Checklist adopted in 2016) had a major influence upon the Ukrainian scientific doctrine and case-law. The 2011 Report is the culmination of the European consensus on understanding rule of law via its key elements, i.e. legality, legal certainty, prohibition of arbitrariness, access to justice, respect for human rights, non-discrimination and equality before the law. The fact that the Administrative Procedure Code (2005) and Criminal Procedure Code (2012) of Ukraine enshrine the obligation of the courts to take into account the European Court of Human Rights practices whilst applying the rule of law principle has been conducive for the general courts to conceptualize rule of law via its components (elements, requirements, aspects) reflected in European Court of Human Rights decisions. The 2011 Report and case-law allowed to validate compliance of the approaches to understanding rule of law in the current Ukrainian scientific doctrine with the conceptual approach agreed upon at the European level (in the European Council system) and arrive at a conclusion that the so-called integral approach is erroneous and futile. Analysis of scientific publication over the last several years is indicative of the fact that the Ukrainian scientific doctrine changed its vector and moves away from the so-called integral approach to understanding rule of law towards the element-by-element one, which will most likely become prevailing. Conclusions. In executing justice, the Ukrainian courts should be governed by understanding of rule of law, set forth in the 2011 Report. The choice of an approach towards understanding rule of law appears exhausted, whereas the focus of scientific studies should be shifted to that of analysing rule of law elements or specific requirements with the use of a checklist (so-called benchmarks, see the Rule of Law Checklist)

Rule of Law – a Comparative Analysis of Rule of Law in Australia and Bhutan

Over the course of this essay, the author aims to not only bring out the meaning and the value of the rule of law, but also present it as a framework within the realm of constitutional legality in decision-making that limits the systemic abuse of power. The introduction of this paper sets out to highlight the history and the meaning of rule of law; the first part of the introduction aims to cover Albert Venn Dicey’s interpretation of rule of law; and the second part will attempt to prove that the rule of law concept remains an essential element of modern society, even in the face of these radical changes in the function of modern law. The essay then attempts to provide a concise comparative analysis between Australia and Bhutan on the following topics: Rule of Law and the Constitution; Judicial Activism and the Death of Rule of Law; and, the structure of judicial review in both Australia and Bhutan, exemplified through case laws that have made significant contributions to judicial review in each of the respective countries. The author also provides a brief discussion of the politics of rule of law from the perspective of these two distinct societies: Australia’s pluralistic society and the arguably more homogeneous society of Bhutan.

Constitutional Structure of Indonesia Based on 1945 Constitution before and after Amendments

Article 1 (3) of the 1945 Constitution states that "Indonesia is a country of law." The provision of the article is a constitutional basis that Indonesia is a state based on law. Law is placed as the only rule in the life of society, nation, and state (supremacy of law). Before the amendment of the 1945 Constitution, Indonesia is a country based on law, contained in the preamble, the 1945 Constitution body. A statement that Indonesia is a country of law can also be seen in the 1945 explanation. Applicability of 1945 before and after the amendment is followed by different constitutional structure, which will give different meaning as a based on law state. In Continental European legal systems, rechtsstaat legal state building is known. Meanwhile, other parts of the world, the concept of the rule of law state extracted from Anglo Saxon states. Both laws state models prioritize different aspects. Rechtsstaat concept prioritizes wetmatigheid principles which later becomes rechtmatigheid. Meanwhile, the rule of law prioritizes equality before the law. Due to differences in emphasis in these operations, there arose the different elements between rechtsstaat concept and the rule of law concept.

The Rule of Law Concept and Explanation

The Rule of Law Concept and Explanation

Rule of Law as it Relates to International Investment Agreements (IIAs)

This article is part 2 of a series on Rule of Law as it relates to international investment issues. The article describes how the system of bilateral investment treaties and other international investment agreements have created a form of rule of law to protect foreign investors against certain types of actions by host state government, such as illegal expropriation, currency restrictions, licence cancellations unless these actions comply with concepts of rule of law. It suggests that the rule of law that is brought about through this system of BITs is a one-way street, giving protections to investors, without imposing obligations on them – the host state government has the power, and the obligation under rule of law concepts, to impose such obligations on foreign investors.

The Evolving Mandate of the World Bank: How Constitutional Hermeneutics Shaped the Concept and Practice of Rule of Law Reform

AbstractInternational organizations (IOs) today contribute to international and transnational law-making in ways that were not anticipated by their constituent charters. The paper analyses this phenomenon of competence creep with regards to the expansion of the World Bank’s (the Bank) mandate to the field of Rule of Law (RoL) and governance reform. Two innovative and intertwined conclusions are formulated. First of all, on a general level, the paper argues that the constitutionalization of RoL reform in the Bank exemplifies the path-dependency generated by the constituent charter with regards to the substantive expansion of operational practices in IOs. The legal memorandum by which General Counsel (GC) Ibrahim Shihata introduced and legitimized the expansion of the Bank’s mandate to the field of RoL reform, the paper shows, employs a specific constitutional hermeneutic, grounded in the balancing of institutional teleology with charter constraints. Secondly, and most importantly, the paper exposes how Shihata’s reliance on the constituent charter shaped his RoL concept, thereby delineating the substantive expansion of the Bank’s mandate and operational practice. In light of the inclusion of the RoL as a distinct Sustainable Development Goal, this substantive inquiry into the nature of the Bank’s RoL concept is most needed. The paper develops the innovative argument that Shihata’s constitutional hermeneutic resulted in a sui generis Bank-specific RoL concept, which cannot – despite persistent attempts in literature – be tied to any legal doctrinal position. The analysis highlights two important features of Shihata’s RoL concept: (1) its substantive roots in statistical regression analysis and (2) its dual functionality across the public-private divide. Combined, the two conclusions ameliorate the understanding of constitutional change in IOs and the substantive orientation of RoL reform in the Bank.

Access to Justice and Judicial Independence: Is There a Role for the EU?

THE MODERN CONCEPT of ‘access to justice’ has undergone a number of fundamental transformations during recent decades to include sometimes quite diverging political principles, social objectives and organisational considerations. One must not forget, however, that the roots of the notion can be traced back to a fundamentally identical constitutional guarantee even though the formulation of the guarantee has been quite different in a number of legal systems. In common law countries, access to justice has grown out of the rule of law concept with the central idea of courts and judges being established by law. The German Basic Law of 1949 provides for the ‘right to a natural judge’ which is very close in meaning to a court and judge established by law with the tacit understanding that being established by law they also must be independent and impartial. Even the laconic wording of Article 66 of the French Constitution of 1958 on the obligation of civil and criminal courts to protect individual liberty has been interpreted in a way to favour access to justice.

Essential Elements of the Rule of Law Concept in the EU

This essay deals with the essential elements of the rule of law concept that underlie present day legal research in the European Union (EU). What follows are some non-exhaustive elements of the rule of law concept analyzed in this essay: 1) access to justice and judicial review; 2) legal certainty; 3) proportionality; 4) equality and non-discrimination; and 5) transparency. This short essay is structured in the following manner. After defining the notion of rule of law, it explains some elements of the concept in a succinct manner and concludes with some final remarks.

Rule of Law and the Sustainable Development Goals

2015 is the year when the Millennium Development Goals are due to be achieved. Deliberations about a post-2015 agenda have been ongoing for years, with multiple un agencies, ngos, and other stakeholders participating. The Open Working Group (owg) of the General Assembly in 2014, after a complex procedure, presented a proposal on the sdgs that will serve as the basis for Member State negotiations in 2015. The paper seeks to outline the organizational challenges of a process that was intended to be inclusive like none before, but that seems to have proved overwhelming, even detrimental to the objective. It does so by showing how, in the case of the rule of law concept, hopes were raised and then disappointed.

Japanese Aid in Comparative Perspective

Since the 1990s the promotion of rule of law has been one of the main drivers in international legal development. Multilateral and bilateral donors have adopted it as a stand-alone objective and/or included it as a feature of their good governance, economic development, human rights or democracy agendas. While the definitional debates about rule of law abound,1 to some scholars the ‘degree of apparent international consensus on the value and importance of the rule of law is striking’.2 Indeed, the rule of law concept has been described as ‘analogous to the notion of the Good in the sense that everyone is for it, but have contrasting convictions about what it is’.3 Its perceived importance is certainly reflected in the millions of aid dollars spent every year on development activities aimed at establishing the rule of law in developing countries.4

From ‘Which Rule of Law?’ to ‘The Rule of Which Law?’: Post-Communist Experiences of European Legal Integration

In the last two decades, post-communist states experienced a fascinating political journey, from using the rule of law concept in the most general way as an early signal of the coming constitutional and political transformation, to specifically (as EU Member States) addressing the problem of the supremacy of EU law and its effect on emerging national democracy and constitutional sovereignty. In other words, they moved from asking the question ‘which rule of law?’ to the question ‘the rule of which law?’ This move itself indicates the capacity of the rule of law, which is discussed in this article, to operate as a political ideal and a power technique at the same time. This duality of the rule of law operations will be outlined against the background of the process of European integration and its challenges to the traditional constitutional notions of sovereignty and legal unity. I shall argue that post-communist states initially had to embrace the substantive concept of the rule of law drawing on liberal and democratic values, which became a valid ticket for ‘The Return to Europe’ journey. However, the very process of European integration involved technical uses of law often challenging the substantive notion of the democratic rule of law and constitutionalism. The accession of post-communist states to the EU thus highlights the Union's more general problem and intrinsic tension between instrumental legitimacy by outcomes and substantive legitimacy by democratic procedures and values.