Relevant bibliographies by topics / Rule of law

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Rule of law'

Author: Grafiati
Published: 4 June 2021
Last updated: 26 October 2024

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Journal articles on the topic "Rule of law"

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Shinar, Adam. "One rule to rule them all? Rules of law against the rule of law." Theory and Practice of Legislation 5, no. 2 (May 4, 2017): 149–70. http://dx.doi.org/10.1080/20508840.2017.1335014.

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Yang, Teng-Chieh. "Rule of Law oder Rule by Law?" Jahrbuch des öffentlichen Rechts der Gegenwart. Neue Folge 65, no. 1 (2017): 877. http://dx.doi.org/10.1628/joer-2017-0039.

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Tushnet, Mark. "Rule by Law or Rule of Law?" Asia Pacific Law Review 22, no. 2 (January 2014): 79–92. http://dx.doi.org/10.1080/10192557.2014.11745925.

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Méndez Reátegui, Rubén, and Oscar Sumar Albujar. "Rule of Law versus soft Rule of Law." Revista de Derecho Político 1, no. 109 (December 8, 2020): 373. http://dx.doi.org/10.5944/rdp.109.2020.29065.

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Este artículo efectúa una revisión teórica del término Rule of Law (que puede entenderse como ‘Gobierno conforme al Derecho’) y el concepto de Soft Rule of Law (‘Estado de Legalidad’). Se centra en los derechos humanos como un elemento esencial del gobierno conforme al derecho; además, la interacción entre la democracia y los desafíos que enfrenta el gobierno conforme al derecho en una democracia consolidada. Finalmente, a modo de ejemplo y con propósito descriptivo, presenta una breve reflexión sobre los problemas institucionales actuales de Perú y Ecuador, relevantes para entender las interacciones el Rule of Law y el Soft Rule of Law.
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Scalia, Antonin. "The Rule of Law as a Law of Rules." University of Chicago Law Review 56, no. 4 (1989): 1175. http://dx.doi.org/10.2307/1599672.

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Hong, Joon-Hyung. "Rule of Law and Law Reform in Korea." Korean Journal of Policy Studies 10 (December 31, 1995): 49–79. http://dx.doi.org/10.52372/kjps10003.

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As a theater of historical experimentation, Korean society merits special attention. Economic and social transformations that unfolded over two centuries or more in Western societies and over more than a century in Japan have exploded in a far shorter time in Korea. Various features of Korean society are radically heterogeneous in origin: some echo feudal structures of the pre-modem Chosun Dynasty, which lasted through the 1890s. Others stem from institutions of Japanese colonial rule(1905-1945), from the American military occupation of 1945-1948, from the corrupt autocracy of Syngman Rhee(1948-1960) or from the "developmental dictatorships" that ruled Korea by military decree from 1961 until only a few years ago. In the quasi-pluralistic Korean society of today, a commerce-centered network of relations interacts with oligarchical structures deeply rooted in recent as well as remote history. Confronted with unprecedented challenges, internal and external, Korea presently is in a period of transition, groping its way toward democratization while trying to maintain momentum for sustained economic development.
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Schneiderman, David. "Investment Rules and the Rule of Law." Constellations 8, no. 4 (December 2001): 521–37. http://dx.doi.org/10.1111/1467-8675.00256.

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Westmoreland, Robert, and Friedrich Hayek. "Hayek: The Rule of Law or the Law of Rules?" Law and Philosophy 17, no. 1 (January 1998): 77. http://dx.doi.org/10.2307/3504971.

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Djelic, Marie-Laure. "From the Rule of Law to the Law of Rules." International Studies of Management & Organization 41, no. 1 (April 2011): 35–61. http://dx.doi.org/10.2753/imo0020-8825410102.

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Lane, Jan Erik. "Development Strategy: Rule of Law." Applied Science and Innovative Research 5, no. 2 (June 18, 2021): p43. http://dx.doi.org/10.22158/asir.v5n2p43.

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There has been a long debate about which is the best development strategy for a Third world state. My answer is: rule of law. But only a minority of people on Earth live under these blessed rules of government. Instead we find autocracy or rule by law. Autocracy as with military rule is arbitrary and leads to looting. Rule by law is predictable but allows for government to regulate society completely.
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Dissertations / Theses on the topic "Rule of law"

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Humphreys, S. J. "Theatre of the rule of law : an inquiry into transnational rule of law promotion." Thesis, University of Cambridge, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.604783.

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The thesis concerns a burgeoning field of practice – the financial and programmatic support for legal and institutional reform across borders, now generally known as ‘rule of law promotion’. The thesis aims to describe what might be called the ‘latent theory’ of the rule of law field: what kind of world is imagined in these programs (and the literature they have generated), and how do donors and funders go about making that world a reality. Given how heavily the field has come to rely on ‘the rule of law’ as its guiding rhetoric, my thesis is also concerned with the changing parameters of the rule of law itself as a term of art: what does the term now encompass, how does current usage differ from its past referential scope, and what factors have contributed to its evolution? The thesis looks at two separate traditions that have produced contemporary transnational rule of law reform: the rule of law ideal, a complex and contested tradition initiated by Albert Dicey in 1885; and the colonial export of laws and institutions, which serves as a precursor for modern efforts, but is difficult to reconcile with the rule of law ideal. The thesis makes the case that each of these traditions – the long-running political, economic and legal debates that have sculpted the landscape of the rule of law ideal, on one hand; the particular experience of the directed application of law abroad in pursuit of economic ends, on the other – have nourished and shaped the contemporary rule of law phenomenon. In short, I claim, it is difficult or impossible to understand the field of rule of law promotion without first grasping the long battles over the term’s content and the evolution of the practice of legal export.
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Keyes, John Mark. "Judicial review of delegated legislation the rule of law and the law of rules." Thesis, University of Ottawa (Canada), 1985. http://hdl.handle.net/10393/5029.

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Humphreys, Stephe. "El teatro del rule of law." IUS ET VERITAS, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/122932.

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Rangelov, Iavor. "Nationalism and the rule of law." Thesis, London School of Economics and Political Science (University of London), 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.578061.

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Maswanganyi, Mbhambhali Patson. "Rule of law in South Africa." Thesis, University of Limpopo, 2010. http://hdl.handle.net/10386/483.

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Thesis (M.LAW) --Univesity of Limpopo, 2010
This study investigates the operation and application of the rule of law in South Africa from the colonial era to the new constitutional dispensation. The study also investigates the relationship between the rule of law and the modern conception of constitutionalism.
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Cassel, Par Kristoffer. "Rule of law or rule of laws: Legal pluralism and extraterritoriality in nineteenth century East Asia." [S.I. : s.n.], 2006. http://catalog.hathitrust.org/api/volumes/oclc/150373677.html.

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Eka, Andreas. "Upholding the Rule of Law in the EU : Conditionality for EU Funds to Combat Rule of Law Violations?" Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-352217.

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Mehta, Dhvani. "The environmental rule of law in India." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:730202ce-f2c4-4d2f-9575-938a728fe82a.

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This thesis offers a new conceptual framework - the environmental rule of law - to describe weaknesses in the development of Indian environmental law, and uses this description to critique the dominant discourse on environmental institutional reform. A secondary framework-fragmentation is also used to supplement the analysis of Indian environmental law. Part I develops the conceptual framework of the environmental rule of law by considering the special challenges that the inherent polycentric and interdisciplinary nature of environmental law present for commonly understood rule of law values such as clarity, certainty and consistency. It also relies on Jeremy Waldron's conception of articulated governance to demonstrate that the rule of law is linked to the principle of separation of powers. This conception lays emphasis on the role of the three institutions of government - the legislature, the executive and the judiciary - in strengthening or weakening the rule of law. To determine institutional contribution to the rule of law, I develop three broad indicators to assess the legal quality of the instruments of each of these institutions of government. These indicators are: a) capacity of statutes to guide executive and judicial behaviour by goal-setting and balancing competing interests; b) the ability of the executive to make flexible yet reasoned decisions grounded in primary legislation; and c) the use of statutory interpretation and consistent standards of judicial review by the courts as they give effect to environmental rights and principles. Through the use of case studies in Part II that span environmental impact assessment, forest conservation, and indigenous rights, I demonstrate that the lack of adherence to these indicators produces a body of environmental law that is fragmented i.e. one characterised by multiple overlapping yet self-contained legal regimes with conflicting provisions and the absence of unifying norms. In Part III, I use this understanding of fragmentation to critically analyse environmental legal and institutional reform proposals. I show that existing proposals address only the structure, rather than the process of functioning of the institutions of government. The rule of law framework that I develop also has potential for application to other areas of the law.
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Hoole, Grant Russell. "Judicial Inquiries and the Rule of Law." Thesis, Université d'Ottawa / University of Ottawa, 2015. http://hdl.handle.net/10393/32355.

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The aim of this thesis is to demonstrate that the conduct of judge-led commissions of inquiry in Canada could be improved, and rendered more consistent with purposive values embodied in the rule of law, were judicial commissioners to observe a principle of fidelity to adjudication. The rule of law, practically understood as a political and legal ideal, treats independence as integral to the judicial role in interpreting and applying law, safeguarding the Constitution, and honouring individual rights. Public confidence in the independence and integrity of Canada’s judiciary flows not just from constitutional safeguards, however, but from judicial observance of adjudicative procedure. So too does confidence that in exercising their functions, judges respect the boundaries commanded by the separation of powers. Contrary to categorical distinctions that are often drawn between commissions of inquiry and courts, adjudicative procedure is an essential feature of many inquiries. This is so because the participants in such inquiries legitimately demand an assurance of justice equivalent to that associated with traditional judicial proceedings. Recognizing this commonality does not mean burdening public inquiries with the evidentiary and procedural rigidity of courts. It does suggest, however, that adjudication has a valuable (if non-exclusive) role to play in the conduct of some inquiries, establishing a compelling reason why judges should be their leaders. Fidelity to adjudication directs judicial commissioners to account for this reality when confronting common dilemmas and challenges in inquiry conduct. I explore the methodological implications of fidelity to adjudication in two broad areas, first concerning procedural fairness, and second concerning the protection of a commissioner’s independence. Finally, I consider how fidelity to adjudication establishes boundaries cautioning against judicial service in inquiries that demand different conceptions of justice, or advance different notions of truth-seeking, than those in which judges are traditionally informed. A principled alignment is thus established between judicial service on commissions of inquiry, judicial methods and skills, and observance of the rule of law.
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Hilson, Christopher. "Pollution control and the rule of law." Thesis, University of Sheffield, 1995. http://etheses.whiterose.ac.uk/1834/.

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The thesis is an attempt to apply the rule of law to pollution control, the aim being to discover whether one form of environmental regulation can be regarded as more constitutionally legitimate than another. The thesis begins with a detailed discussion of the rule of law. In the first chapter, I suggest that the rule of law cannot simply be 'intuitively realised', but rather that the values associated with it must be accounted for through theoretical analysis. Immanent critique is rejected as a theoretical technique in favour of Dworkin's 'constructive interpretation'. The latter approach yields the rule of law values of equity, accountability, efficiency, certainty and effectiveness. Future chapters involve the application of these values to specific modes of pollution control. In chapter two, the 'command-and-control' regulatory systems operated by HMIP, the NRA, local authorities (air pollution control and waste regulation) and water and sewerage companies are analysed in terms of rule of law values - except for accountability which is discussed separately and in much greater depth in chapters 3 to 6. In these four chapters, I begin by examining general accountability mechanisms before exploring accountability for specific decisions such as the setting of ambient standards, the setting of emission/process standards and finally, monitoring and enforcement. Having discussed command-and-control approaches to pollution control, chapter 7 proceeds to examine market mechanisms of environmental regulation in terms of the rule of law values. The values are first applied to pollution taxes and tradeable permits at an abstract level; they are then applied to the existing cost-recovery charging schemes operated by the various regulatory bodies. Finally, in chapter eight I attempt to apply the rule of law values to 'market approaches' to pollution control such as environmental management and audit, green consumerism and investment, government industry contracts and civil liability. The conclusion of the thesis then assesses the success or otherwise of the practical application of the rule of law that has been attempted in previous chapters. It considers whether one can use the rule of law as a benchmark of legitimacy to conclude that one form of pollution control is more constitutionally legitimate than another.
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Books on the topic "Rule of law"

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Wangrud, Robert W. Martial law rule. United States of America: [s.n., 1991.

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Møller, Jørgen, and Svend-Erik Skaaning. The Rule of Law. London: Palgrave Macmillan UK, 2014. http://dx.doi.org/10.1057/9781137320612.

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Dyzenhaus, David. The Rule of law. [Toronto]: Faculty of Law, University of Toronto, 2003.

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Zurn, Michael, Andre Nollkaemper, and Randy Peerenboom, eds. Rule of Law Dynamics. Cambridge: Cambridge University Press, 2012. http://dx.doi.org/10.1017/cbo9781139175937.

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Ian, Shapiro, American Society for Political and Legal Philosophy. Meeting, and Association of American Law Schools., eds. The Rule of law. New York: New York University Press, 1994.

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Cheryl, Saunders, and Le Roy Katherine, eds. The rule of law. Sydney: Federation Press, 2003.

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Cannada, Robert C. America's rule of law. Kansas City, Mo: National Lawyers Association Foundation, 2001.

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Boston, Melbourne, Oxford, Vancouver Conversazioni on Culture and Society (2011 Melbourne, Vic.). The rule of law. Melbourne?]: The Boston, Melbourne, Oxford, Vancouver Conversazioni on Culture and Society, 2011.

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Dyzenhaus, David. The Rule of law. Toronto]: Faculty of Law, University of Toronto, 2003.

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Brett, T. Statutory regulation: Rule by law, rule by council, rule by committee. [England]: T. Brett, 2007.

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Book chapters on the topic "Rule of law"

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He, Ni. "Tripartite Rules: Rule of Man, Rule by Law and Rule of Law." In Chinese Criminal Trials, 39–46. New York, NY: Springer New York, 2013. http://dx.doi.org/10.1007/978-1-4614-8205-5_3.

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Allan, T. R. S. "Rule of Law." In The New Palgrave Dictionary of Economics and the Law, 1769–81. London: Palgrave Macmillan UK, 2002. http://dx.doi.org/10.1007/978-1-349-74173-1_336.

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Candela, Rosolino A., and Ennio Piano. "Rule of Law." In Encyclopedia of Law and Economics, 1836–39. New York, NY: Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_421.

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Candela, Rosolino A., and Ennio Piano. "Rule of Law." In Encyclopedia of Law and Economics, 1–4. New York, NY: Springer New York, 2017. http://dx.doi.org/10.1007/978-1-4614-7883-6_421-1.

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Abumere, Frank Aragbonfoh. "Rule of Law." In The Palgrave Encyclopedia of Global Security Studies, 1–5. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-319-74336-3_278-1.

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Pospisil, Jan. "Rule by Law." In Edition Politik, 251–54. Bielefeld, Germany: transcript Verlag, 2021. http://dx.doi.org/10.14361/9783839455807-038.

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Omomowo, Kolawole E. "Rule of law?" In Corruption and Development in Nigeria, 63–75. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003178637-8.

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Abumere, Frank Aragbonfoh. "Rule of Law." In The Palgrave Encyclopedia of Global Security Studies, 1292–96. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-319-74319-6_278.

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Šimalčík, Matej. "Rule by law." In Contemporary China, 114–27. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003350064-12.

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Hodge, Carl Cavanagh, and Andrew David Irvine. "Rule of Law." In The Ethics and Economics of Liberal Democracies, 71–86. New York: Routledge, 2024. http://dx.doi.org/10.4324/9781003424109-5.

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Conference papers on the topic "Rule of law"

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"Homologous series. Law or rule?" In Bioinformatics of Genome Regulation and Structure/ Systems Biology. institute of cytology and genetics siberian branch of the russian academy of science, Novosibirsk State University, 2020. http://dx.doi.org/10.18699/bgrs/sb-2020-161.

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Indriyani, Indriyani, and Zudan Fakrulloh. "Regional Government Law Product from The Rule of Law Persepctive." In Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia. EAI, 2022. http://dx.doi.org/10.4108/eai.30-10-2021.2315758.

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"TERRORISM AND THE RULE OF LAW: Analysis of International Law Perspectives." In International Legal Issues Conference. Tishk International University, 2020. http://dx.doi.org/10.23918/ilic2020.58.

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Lin, Ge. "Rule of law in Rural Ecological Conservation." In Proceedings of the 2nd International Conference on Humanities Education and Social Sciences (ICHESS 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/ichess-19.2019.11.

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Забелин, Денис Николаевич. "A SPECIAL LAW AND A SPECIAL NORM OF CIVIL LAW." In Правовая культура как основа становления гражданского общества: сборник статей международной научной конференции (Екатеринбург, Май 2024). Crossref, 2024. http://dx.doi.org/10.37539/240524.2024.15.34.002.

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В связи с осуществляемыми в юридической науке попытками признать кодифицированные законодательные акты специальными законами, а также в связи с появлением концепции отраслевого приоритета объективно ограничивается значение правила «lex specialis derogat generali». В статье доказывается, что идеи специального закона и отраслевого приоритета неспособны стать методологической основой разрешения содержательных коллизий в гражданском праве. Поэтому следует больше рассчитывать на правило о преимуществе специальной нормы. In connection with the attempts carried out in legal science to recognize codified legislative acts as special laws, as well as in connection with the emergence of the concept of sectoral priority, the meaning of the "lex specialis derogat generali" rule is objectively limited. The article proves that the idea of a special law and sectoral priority are not capable of becoming a methodological basis for resolving substantive conflicts in civil law. Therefore, you should rely more on the rule about the advantage of a special rule.
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Syrykh, V. "The Rule-of-Law State and Justice: Theory and Practice." In The Rule-of-Law State and Justice: Theory and Practice, edited by V. Vlasenko. BIBCOM, 2014. http://dx.doi.org/10.15217/264441.

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WU, Lan-Fang. "The Value of Ideological and Political Education Ruled by Law Under The View of Rule of Law Culture." In 2018 4th Annual International Conference on Modern Education and Social Science (MESS 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/mess-18.2018.35.

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Zhang, Wenliang, and Dong Long. "Analysis on Locke's Thought of Rule of Law." In 3rd International Conference on Judicial, Administrative and Humanitarian Problems of State Structures and Economic Subjects (JAHP 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/jahp-18.2018.152.

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Vasileska, Larisa. "POLITICAL “IDEALISTIC” LEADERSHIP AND THE RULE OF LAW." In Fifth International Scientific-Business Conference LIMEN Leadership, Innovation, Management and Economics: Integrated Politics of Research. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2019. http://dx.doi.org/10.31410/limen.2019.141.

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KNIGHT, CHRIS. "LANGUAGE CO-EVOLVED WITH THE RULE OF LAW." In Proceedings of the 6th International Conference (EVOLANG6). WORLD SCIENTIFIC, 2006. http://dx.doi.org/10.1142/9789812774262_0022.

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Reports on the topic "Rule of law"

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Rodríguez Burgos, Ojel L. Freedom and the Rule of Law. Puerto Rico Institute for Economic Liberty, September 2022. http://dx.doi.org/10.53095/13582005.

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The word freedom is used constantly, but little understood; to understand it, it is important to see the State as a civil association of individuals, where different ways of living and purposes coexist. This coexistence depends on a rule of law, which allows individuals to pursue their conception of the good life consistent with the rules of the association. The freedom requires a rule of law, which allows free action and cooperation of individuals in the market and thus benefits the economy.
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Palomino, Jeffrey G. Whose Rule? Whose Law? Filtering America Out of the Rule of Law Mission in Iraq. Fort Belvoir, VA: Defense Technical Information Center, December 2010. http://dx.doi.org/10.21236/ada537079.

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Ashraf, Nava, Alexia Delfino, and Edward Glaeser. Rule of Law and Female Entrepreneurship. Cambridge, MA: National Bureau of Economic Research, October 2019. http://dx.doi.org/10.3386/w26366.

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Ranasinghe, Ashantha, and Diego Restuccia. Financial Frictions and the Rule of Law. Cambridge, MA: National Bureau of Economic Research, April 2018. http://dx.doi.org/10.3386/w24546.

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Ördögh, Tibor. Rule of Law in the Western Balkans. Külügyi és Külgazdasági Intézet, 2021. http://dx.doi.org/10.47683/kkielemzesek.ke-2021.67.

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Rule of law is a much-debated concept today, and it is one of the fundamental pillars of any democratic system. When it comes to the countries of the Western Balkans striving to become members of the European Union, it is important to look at the characteristics they have in this respect, and to what extent they meet the criteria for becoming a member state. Due to their particular way of development, there are different de facto political systems functioning within the region, which is an obstacle that also stands in the way of rule of law. This study presents those aspects of the rule of law that clearly demonstrate falling behind other political systems. An independent judiciary, civil liberties, media pluralism, and corruption are all factors that require reform in the examined countries. It may be wise to try and point out the shortcomings of the system along the lines of these aspects.
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Johnston, Angelina, Kevin O'Connor, and Justin Chenault. Anbar Rule of Law/Judicial Complex Ramadi, Iraq. Fort Belvoir, VA: Defense Technical Information Center, January 2009. http://dx.doi.org/10.21236/ada493570.

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Stark, Christine A. The Rule of Law in Peace Keeping Operations. Fort Belvoir, VA: Defense Technical Information Center, March 2004. http://dx.doi.org/10.21236/ada424064.

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Fishback, Price. Rule of Law in Labor Relations, 1898-1940. Cambridge, MA: National Bureau of Economic Research, July 2020. http://dx.doi.org/10.3386/w27614.

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Wexler, Ian S. Rule of Law in Mexico: Fact or Fiction. Fort Belvoir, VA: Defense Technical Information Center, October 2011. http://dx.doi.org/10.21236/ada555420.

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Law, Leonard J. Rule of Law in Iraq: Transitional Justice Under Occupation. Fort Belvoir, VA: Defense Technical Information Center, May 2004. http://dx.doi.org/10.21236/ada429242.

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