Since the 18th National Congress of the Communist Party of China (CPC) held in 2012, XI Jinping, General Secretary of the CPC Central Committee, has made a series of vital expositions on the ...promotion of modernization of the national governance system and capacity in line with the rule of law. The law is the most important tool for governing a country, and the rule of law supports the national governance process and capacity. Promoting the rule of law on all fronts is an essential requirement for developing socialism with Chinese characteristics and promoting the modernization of the national governance system and capacity. Comprehensive law-based governance in all areas should be promoted to advance the modernization of national governance. Furthermore, law-based thinking and methods should be used to address difficulties and challenges faced in this modernization process.
Full text
Available for:
CEKLJ, NUK, ODKLJ, PRFLJ, UM
Analyzing the "democratic" features and institutions of the Athenian democracy in the fifth century B.C., Martin Ostwald traces their development from Solon's judicial reforms to the flowering of ...popular sovereignty, when the people assumed the right both to enact all legislation and to hold magistrates accountable for implementing what had been enacted.
The main thesis of this paper is that the Draft Constitution redacted in 1922 by Constantin Stere on behalf of the Peasant Party's Study Centre (Centru de studii al Partidului Ţărănesc) comes closest ...to the requirements of a rule-of-law-system, and surpasses all similar endeavours carried out at the time. Stere's proposed regulatory solutions on the relationship between municipal law and international legal commitments, especially in the field of minority protection, on basic rights and freedoms - with emphasis on personal freedom and habeas corpus - on election process and parliamentary practice were of such nature as to give efficiency and real substance to the general provisions of the Constitution. These regulatory solutions were able to put Romania on the path of a political and institutional evolution in complete accordance with the principles of the rule of law.
The objective of this study is to explain the reasons for the absolutisation of the prohibition of torture and inhuman, cruel or degrading treatment. The study attempts to prove that the use of ...torture is absolutely forbidden because it destroys the very bond ensuring the establishment of a liberal society, that the use of inhuman treatment destroys the just character of this type of society, that degrading treatments undermine it from within, transforming it in a vicious circle, and that resorting to cruel ones destroys its civilized character, makes it go back to barbarism. The study highlights the dangers of hierarchizing the object of prohibitions, proposing that torture and absolutely prohibited treatments be understood as a unitary concept, which must no longer be configured starting from the intensity of the pain felt by the subject, but must be defined according to its effect on the liberal society organized in the form of the rule of law.
The present study is based on the dynamics of implementation of the Regulation on the general conditionality regime for the protection of the Union budget. The study approaches a relatively new ...normative instrument, which is why the working technique of the paper is similar to geographical explorations. Thus, at methodological level, through a normative analysis we propose to identify the hypotheses that determine the activation of the conditionality regime and how they are correlated with the principles that transpose the desideratum of rule of law. The first part of the study is a process of mapping the national and European procedures, engaged in the context of the protection of the financial interests of the European Union, with the precise reflection of the systemic vulnerabilities that could present risks for the legal values related to the rule of law. This correspondence read in terms of conditionality reveals a workbook involving different value spectrums: European, statal and personal, in relation to the recipient of the public resource. The second part of the study is dedicated to the procedural aspects, which can be interrogated in a dialectical register, both in relation to the role played by the European institutions and to the complementarity with other procedures that tend to the same result, namely the protection of the financial interests of the European Union. Despite the self-assigned subsidiary character of the Regulation, the complexity of the procedures, the pronounced level of formalism, the imperative terms and the consequences of conditionality attest to the perspective of the European legislator regarding the interdependence between the values subsumed to the rule of law and the protection of the Union budget.
Abstracts Tiechuan, HAO
Frontiers of law in China,
01/2023, Volume:
18, Issue:
2
Journal Article
Peer reviewed
1.HAO Tiechuan, 中华法系的创造性转化 (Creative Transformation in Chinese Legal System), 1 东方法学 (Oriental Law), 13–25 (2022). Abstract Through the analysis of 18 characteristic cases in the current Chinese rule ...of law system, it is pointed out that the creative transformation of the Chinese legal system is an important way to form a characteristic of the current Chinese rule of law. Through the analysis of 102 aspects of the Chinese legal system, it is pointed out that if feudalistic content is eliminated, other contents of the Chinese legal system can be creatively transformed. Therefore, to carry out the creative transformation of the Chinese legal system, we must transform from unconscious and subtle changes to conscious and rational choices. The reference standards for the creative transformation of the Chinese legal system are: First, the socialist core value system and socialist core values. Second, the modern rule of law thinking and basic values of the rule of law. Third, the relevant international human rights conventions that China has participated in. The operating methods of the creative transformation of the Chinese legal system mainly include basic inheritance, partial inheritance and new interpretations of old words. China is the only survivor of the four major ancient civilizations in the world. The Chinese legal system is the only one that has no religious background and is human-oriented. Therefore, realizing the creative transformation of the Chinese legal system is an unshirkable historical mission.
Full text
Available for:
CEKLJ, NUK, ODKLJ, PRFLJ, UM
With the view of potentially revising how the EU Council’s Annual Rule of Law, the Spanish Presidency of the Council had sent out a “questionnaire for the Member States on the evaluation of the ...Council’s annual rule of law dialogue. The provided answers will inform conclusions to be adopted following the General Affairs Council scheduled for 12 December 2023. Following the disclosure of the MS’ answers to this questionnaire, this post will discuss the added value of this discursive and secretive tool to address systemic threats to or violations of the rule of law. I argue that the answers reveal the dialogue to be an ultimately toothless and partially incoherent exercise that relies excessively on the good faith of its participants and lacks accountability by design.
Judicature International, at judicature. duke.edu/intl, will publish commentary, scholarship, empirical research, opinion, and other content exploring issues of common concern to judges around the ...world, including court administration, the rule of law, transnational law, and judicial independence. Judicature International's first edition featured "A Personal Journey Through the Rule of Law in the South Pacific," by W K Hastings, a judge of the District Court of New Zealand who currently is serving as Chief Justice of Kiribati and President of its Court of Appeal. "By providing a forum for these sorts of exchanges, Judicature International aims to strengthen the rule of law and advance a global judicial culture of shared commitment to the principles of judicial independence and the fair and efficient administration of justice.
President's Page Beebe, Mark R
Defense counsel journal,
11/2022, Volume:
89, Issue:
4
Journal Article
Vienna served as this year's ICCC venue, and it was the third time that the IADC hosted a meeting in this city so captivatingly beautiful, remarkably historical, and culturally advanced. Franciscus ...Cornells Gerardus Maria Timmermans, a Dutch diplomat and First Vice President of the European Commission, maintains that "Respect for the rule of law is not optional; it's fundamental." The rule of law promises that all persons and institutions, regardless of their economic or perceived community standing, shall be bound equally, impartially, and objectively by the law.
Full text
Available for:
CEKLJ, IZUM, KILJ, NUK, PILJ, PRFLJ, SAZU, UL, UM, UPUK
