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.
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.
Abstracts Tiechuan, HAO
Frontiers of law in China,
01/2023, Letnik:
18, Številka:
2
Journal Article
Recenzirano
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.
President's Page Beebe, Mark R
Defense counsel journal,
11/2022, Letnik:
89, Številka:
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.
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.
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.
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.
People as intelligent and socio-cultural beings give their being a value dimension, which allows them to develop an idea of "who we are" and strive for the organization of public life for the benefit ...of citizens. In modern societies, constitutional democracies, the values of the rule of law, inviolability of human dignity, legal freedom and human rights constitute the semantic basis for these societies. Outside of these values and legal institutions, modern constitutional and legal societies cannot exist. Social reality can be much "worse" than the legal values proclaimed and enshrined in constitutional acts. Modern societies are complex social systems. Their institutional structure is not limited to legal regulations, and the spectrum of public values is not limited to the area of legal values. The article emphasizes that moral maxims and other value formations cannot replace legal values. The purpose of this work is to study the role of value phenomena in maintaining the legal foundations of modern societies, to show the importance of legal values in comparison with other social values in ensuring the rule of law in modernist democratic societies.
Parels in het zand Lensvelt-Mulders, Gerty
Justitiële verkenningen,
11/2023, Letnik:
49, Številka:
3
Journal Article
Pearls in the sand. How the WODC opens its treasure chest for government, science and society In this contribution the author describes the WODC mission-vision on the way to 2033, based on two ...themes. First the change in the name of the WODC: the D for Documentation will be changed in the D for Data. This only saves one word, but it has significant consequences for the strategy and position of the WODC. Secondly there will be a new subtitle: ‘Knowledge Institute for the Rule of Law’. What it means to be a knowledge institute for the rule of law and how the WODC will contribute to the enhancement of the rule of law, will be described in this contribution to the special edition of Justitiële verkenningen in honour of the 50th anniversary of the WODC.It is the mission of the WODC to enhance her impact in three ways. By stimulating evidence-based working for policy makers, by enhancing the cooperation with other research institutions and dissemination of the research in scientific publications, and by enhancing the findability of the research results for a wide range of people working for a just, resilient and safe society.
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