The integration of Chinese modernization and rule of law has given rise to the Chinese modernization of the rule of law. In terms of the concept building, Chinese modernization of the rule of law is ...a synthesis of rule of law in China, modern rule of law, and Chinese style. In terms of the target model, Chinese modernization of the rule of law maximizes efficiency through the building of unique rule of law system and the integration of the rule of law country. In terms of the core principles, Chinese modernization of the rule of law could be interpreted and explained from five aspects: subject scale, value positioning, civilization form, spatial dimension, and global perspective. Essentially, the Chinese modernization of the rule of law comprehensively highlights the nine intrinsic requirements of Chinese modernization, thus providing strong guarantee for its accomplishment. With regard to the form of civilization, Chinese modernization of the rule of law has created a new form of human rule of law civilization, in terms of subject, object, content, and path, and can be considered to be a development-based new form of rule of law advancement.
Full text
Available for:
CEKLJ, NUK, ODKLJ, PRFLJ, UM
Taking a coordinated approach to promoting the rule of law at home and in matters involving foreign parties stands as one of the essentials of Xi Jinping Thought on the Rule of Law. The profound ...essence of this concept is predominantly articulated through the dialectic nexus between the rule of law at home and in matters involving foreign parties and the foundational necessities and underlying principles for their coordinated advancement. This concept is intellectually rooted in the legal theory of socialist rule of law with Chinese characteristics, the theory of major-country diplomacy with Chinese characteristics, modern progressive theories of international law, and the exemplary facets of traditional Chinese culture. It is aligned with contemporary trends and in harmony with the need to take a holistic approach to imperatives at home and abroad. This philosophy underscores the approach to building a human community with a shared future through the rule of law, guaranteeing the fruition of national strategic aspirations. This resonates with profound contemporary, integrative, international, and strategic significance. Presently, the focus should be on fostering the development of foreign-related rule of law, maintaining the correct equilibrium between the dyad of rule of law in domestic and foreign-related matters. It is imperative to augment strategic design and institutional construction in the realm of rule of law on issues related to foreign parties, step up research on and practical application of international law, and reinforce the cultivation of legal professionals in this area to take a coordinated approach to advance the rule of law at home and in matters involving foreign parties.
Full text
Available for:
BFBNIB, NUK, PILJ, SAZU, UL, UM, UPUK
This Article explores the role of lawyers in democratic backsliding-the degradation of democratic institutions and practices using law rather than violence. The Article's central aim is to set an ...agenda and outline an approach to studying the professional paradox at the center of backsliding: why and how lawyers attack the rule of law. It thus seeks to shift the scholarly lens from the conventional view of lawyers as defenders of democracy to investigate lawyers as authors of autocracy. Toward that end, the Article theorizes the legal profession as a site of backsliding, outlining a framework that positions lawyers in relation to distinct pathways of autocratization on the slow road of gradual democratic decline and the fast track of imminent democratic attack. On the slow road, the Article draws upon evidence of structural change in the American legal profession to suggest how the erosion of key democratic functions performed by lawyers increases backsliding risk by reducing trust in the legal system and commitment to the rule of law. On the fast track, using the 2020 Stop the Steal campaign as a case study, the Article shows how lawyers in moments of democratic crisis engage in legal mobilization to weaponize distrust, fusing legal and media tactics to legitimize false claims and justify invocation of extraordinary power. The Article concludes by calling for changes to U.S. professional regulation and education to strengthen democratic resilience, while mapping a research agenda for comparative study of antidemocratic lawyering in unsettled times.
How might Arab countries build the foundations for rule of law in the wake of prolonged authoritarian rule? What specific challenges do they confront? Are there insights to be gained from comparative ...analysis beyond the region? Exploring these questions, the authors of Building Rule of Law in the Arab World provide a theoretically informed, empirically rich account of key issues facing the countries at the forefront of political change since the Arab Spring as governments seek to develop effective and responsible judiciaries, security sectors, and anticorruption agencies.
How do a legal order and the rule of law develop in a war-torn state? Using his field research in Sudan, the author uncovers how colonial administrators, postcolonial governments and international ...aid agencies have used legal tools and resources to promote stability and their own visions of the rule of law amid political violence and war in Sudan. Tracing the dramatic development of three forms of legal politics - colonial, authoritarian and humanitarian - this book contributes to a growing body of scholarship on law in authoritarian regimes and on human rights and legal empowerment programs in the Global South. Refuting the conventional wisdom of a legal vacuum in failed states, this book reveals how law matters deeply even in the most extreme cases of states still fighting for political stability.
On Thursday, May 30th, 2024, former President Trump was convicted in New York City by a jury of thirty-four criminal charges consisting of falsifying business records with the intend to deceive. ...Regardless of his tirade against the American legal system, he stands as a convicted felon unless he could prove otherwise on appeal. This is an unprecedented conviction. Mr. Trump is the first American president who has been criminally convicted. Lamentably, the republican establishment continues to stand by the former president and to question the legality of this trial thereby challenging the integrity of the rule of law.
This Special Issue of the Journal of European Public Policy has two objectives. First, we clarify some ambiguities in the original formulation of the failing forward framework. Second, we analyze ...scope conditions under which we are likely to see failing forward. To achieve these objectives, we bring together articles that engage with the failing forward framework. Some contributions seek to refine the concepts and arguments, others challenge them outright. These pieces assess the applicability of the framework to a range of policy areas, from trade negotiations, competition policy and banking union through citizenship and the rule of law to pandemic response and defense and security policy, thus helping to identify the domains and conditions in which failing forward is likely to occur, and those in which it is not.
Full text
Available for:
BFBNIB, NUK, ODKLJ, PILJ, SAZU, UL, UM, UPUK
The underlying problems of Sub-Saharan African development are a result of a crisis in governance. Over the years, issues of governance and economic development have been the focus of debate in ...academia. However, the existing literature has not adequately explored the association between good governance and economic complexity. The purpose of this study is therefore to investigate the short-run and long-run relationships between economic complexity and good governance in 27 Sub-Saharan African countries for the period 1996–2019 using the PMG-ARDL model. The findings reveal that economic complexity, foreign aid, and the Gini coefficient have a positive and statistically significant long-run impact on good governance in Sub-Saharan Africa. Thus, the null hypothesis that economic complexity has a significantly positive impact on good governance is accepted by these findings. The short-run dynamics results reveal that economic complexity and foreign aid have a negative and insignificant impact on good governance, while foreign direct investment, the Gini coefficient, and unemployment have a positive and insignificant impact on good governance in Sub-Saharan Africa. Based on the findings, it is recommended that policymakers in the region place more emphasis on structural transformations to transform their productive structures, which will ultimately lead to higher economic growth in Sub-Saharan Africa. Policies geared towards the diversification of exports (i.e., economic complexity) in the region for economic growth and development are also recommended.
PDF
