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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<br>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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Simpson, Andrew Joseph. "Constructivism, Normativity, and the Rule of Law." Thesis, The University of Arizona, 2013. http://hdl.handle.net/10150/297759.
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Why care about what the law has to say? It aims to guide our actions, but its grounds for doing so are not clear. Many will cite moral grounds: the law is good, we have a duty to follow it. Others will simply appeal to negative consequences that follow from failing to heed its commands. Here, I want to sketch out a answer to the question in the tradition of legal positivism by using the machinery of ethical constructivism. I will begin by outlining the history of the debate over legal normativity. I will then proceed to lay out what Sharon Street has characterized as restricted constructivism, or constructivism that solves one particular normative problem. Without attempting to lay out a complete theory, I will advance the notion that we can settle on three conditions for the normativity of law. Adverting to formal games, I aim to show that we can start with the practical rationality of citizens whose interests and moral views deeply conflict, go through this procedure, and get reasons for the citizens to comply with laws that satisfy the conditions. I conclude by examining several objections to the procedure and my preferred conditions.
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Cormacain, Ronan. "Legislative drafting and the rule of law." Thesis, Institute of Advanced Legal Studies, 2017. http://sas-space.sas.ac.uk/6693/.
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The rule of law is a cornerstone of the UK legal order, it states that we are all subject to, and ruled in accordance with, the law. Under Bingham’s analysis, the rule of law is made up of eight separate elements. Element one has four aspects, these are that legislation ought to be accessible, intelligible, clear and predictable. Legislative drafting means turning policy ideas into legislation fit for the statute book – it is literally writing the law. It is best described as phronesis, the subjective application of wisdom The hypothesis of this thesis is that legislative drafting principles can be derived from element one of Bingham’s definition of the rule of law, and that these drafting principles facilitate the drafting of legislation in accordance with the rule of law. The methodology is deductive reasoning, meaning that each aspect of element one is examined, and from each aspect, drafting principles are derived. The principles therefore flow directly from the rule of law. In Chapter 2 the rule of law requirement of accessibility is dissected. Accessibility means that citizens have access to the law. This leads to the conclusions that legislation ought to be drafted so as to be available (citizens can physically read it), navigable (citizens can find their way around it, particularly to the portion which directly affects them) and inclusive (containing all the relevant legal information). In Chapter 3 the rule of law requirement of predictability is analysed. Predictability means that citizens can predict the legal consequences of their actions by reference to the legislation, or in other words, that the law is fixed and certain. Drafting principles are then derived from this. These are that legislation is prospective (it has effect in the future, not the past), that it is determinate (certain, unambiguous and precise), stable (not changing all the time), it must have a clear start and stop date, it must be consistent (within individual statutes and more generally across the statute book), that it must apply in the real world, that it must be capable of being implemented, and that there must be constraints on the discretion given to officials by legislation. Chapter 4 deals with intelligibility – that the law must be capable of being understood by citizens. This means that the drafter must consider the characteristics of the individual who is most likely to be using the legislation, that both amending legislation and the legislation as amended must be comprehensible, that excessive interconnectedness must be avoided, that plain language, easification and good writing techniques must be used and finally that the legislation contain examples where appropriate to aid understanding.
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Wennerström, Erik. "The rule of law and the European Union /." Uppsala : Iustus, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-7877.
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Wennerström, Erik O. "The rule of law and the European Union /." Uppsala : Iustus Förl, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/534294081.pdf.
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Larkin, Philip M. "The rule of forfeiture and social security law." Thesis, University of Southampton, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.268387.
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Grote, Rainer. "Rule of Law, Rechtsstaat, / y Etat de Droit." Pontificia Universidad Católica del Perú, 2012. http://repositorio.pucp.edu.pe/index/handle/123456789/97837.
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Carbonell, O'Brien Esteban. "Game theory and the law: rule interactive interpretation." Revista de Actualidad Mercantil, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/92151.
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En el presente artículo, el autor analiza de forma crítica e incisiva la legalidad de la Ley 30064,norma que es prácticamente una continuidad Decreto de Urgencia No 010-2012. Prolongando, así, los efectos prácticos del referido Decreto de Urgencia utilizado de manera cuestionable como salvavidas de los clubes morosos frente a la SUNAT y demás acreedores. Asimismo, el autor hace énfasis en la inconstitucional de esta Ley y cuestiona la legalidad de las normas que favorecen la reestructuración económica de los clubes en estado de quiebra. Finalmente, el autor propone una crítica constructiva basada en los fundamentos generales de la economía las finanzasy el manejo de las crisis económicas.
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Fernández, Esteban Maria Luisa. "The rule of law in the European constitution /." The Hague ; London ; Boston : Kluwer law international, 1999. http://catalogue.bnf.fr/ark:/12148/cb37760324m.
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Jillions, Andrew. "From faith in rules to the rule of law : constitutional responsibilities in international society." Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/571/.
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This thesis examines the constitutional politics of international law, locating this as part of a wider debate over the nature of responsibility in conditions of uncertainty. Despite a general commitment to international legality operating in international society, international law’s claim to rule is limited by competing beliefs about the institutional practices generated and legitimated by this commitment. This thesis argues that there is a critical divide between “pragmatic” and “constitutionalist” ethics of legality. The account of legality developed here suggests that faith is itself a necessary and useful strategy for responding to social uncertainty and, to the extent that the institution of international law can generate this faith, a constitutional ethic cannot be dismissed as quickly or easily as pragmatists suppose. This claim is further developed through illustrating how this constitutional ethic of legality has begun to shape the politics surrounding the prohibition on torture, the governance of the global commons, the legitimacy of peacebuilding, and the regulation of the use of force.
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Rivron, Sarah. "La notion d'Indirect rule." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3020/document.
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L'administration coloniale a pris de nombreuses formes au fil des siècles, et l'Indirect rule est l'une des plus représentatives de la colonisation britannique. A ce titre, il convient de s'intéresser aux causes et aux conséquences de ce système de gouvernement, ainsi qu'aux spécificités qui y sont liées en pratique. Cette analyse portera donc essentiellement sur sa mise en application au Nigeria, ainsi que sa diffusion dans l'empire colonial britannique d'Afrique. Afin d'approfondir cette étude, l'Indirect rule sera également abordé d'un point de vue plus théorique, notamment concernant l'évolution de sa perception par les historiens du droit. De même, sa spécificité sera questionnée, notamment en la comparant à d'autres systèmes de gouvernement coloniaux européens<br>Colonial administration evolved a lot through centuries, and Indirect rule is one of the most representative of the British one. As such, it is interesting to look at the reasons and the issues of the particular system of government, as well as the particularities linked to Indirect rule in the facts. This analysis will be more specifically about how Indirect rule worked in Nigeria, as well as its diffusion through the British colonial empire in Africa. In order to complete the study, Indirect rule will also broached from a theoretical point of view, in particular regarding the evolution of how historians of law considered it. Moreover, its specificities will be observed, in particular by comparing indirect rule with other Europeans colonial governments
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Grogan, Joelle. "An EU-centric account of the rule of law." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:6bb77db1-d4bd-4eb0-952d-6beae2976bf6.
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The rule of law is declared to be a foundational and guiding value of the European Union in Article 2 Treaty on European Union. The European Commission claims to be the 'guardian of the rule of law', and the concept has been determinative in judgments in the Court of Justice of the EU. However, the EU has not defined what exactly is meant by 'the rule of law'. This leads to the question: how can the EU claim to be guided by the rule of law, 'common to all Member States', but not provide an account of what that means in practice? To determine such an account, I examine contemporary accounts of the rule of law and identify the specific nature of the EU. I conclude that while the rule of law is a shared value across legal systems, distinct accounts develop within, and adapt to, each one. I advance an EU-centric account of the rule of law (EUCA) which is apt for the EU legal order. I advocate the value of EUCA first in abstract by providing reasons for why it is to the benefit of the EU Institutions, the Member States and individuals to endorse EUCA compliance. I then show the practical use of EUCA as a source of legitimacy from the perspective of Member States and individuals in the context of issues of contemporary and pressing concern in the areas of international trade, corporate taxation and the criminal law. I seek to bridge the gap between a theoretical account of the rule of law apt for the EU legal order, and the practical guidance it can provide in the resolution of crisis issues. I conclude on the essential importance of guarding, strengthening, and enhancing the rule of law throughout the EU, not just as a means of resolution in times of crisis, but as a guarantee of the future of the European Union.
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Yeung, Sze-man Simone, and 楊思敏. "The rule of metaphor and the rule of law: critical metaphor analysis in judicial discourse and reason." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2010. http://hub.hku.hk/bib/B4554251X.
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Shumate, Lauren A. "Key Ingredients in the Rule of Law Recipe: The Role of Judicial Independence in the Effective Establishment of the Rule of Law." Scholar Commons, 2014. https://scholarcommons.usf.edu/etd/5126.
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In recent decades, countries around the globe have engaged in rule of law and judicial reform initiatives, with such efforts being most prominent in transitional democracies, post-conflict and post-communist countries. Despite the fact that the concepts of judicial independence and the rule of law continue to be contested among political and legal scholars, popular wisdom and belief in the international community suggests that an independent judiciary is the cornerstone of a democratic, market-based society based on the rule of law. However, the disagreement over the extent to which an independent judiciary effects the establishment of the rule of law has resulted in the failure to determine whether an independent judiciary is necessary for the establishment of the rule of law, and thereby a stable and peaceful society where human rights and civil liberties prevail.
This paper examines the effect of judicial independence on the establishment of the rule of law, and analyzes whether the type of political regime and legal system of a country affects judicial independence and the rule of law. I use data available from the most recent years of 2007 through 2012 that are comprised of a set of indicators of judicial independence and the rule of law covering 51 different countries in the global system. OLS multiple regression is used to analyze the effect of three independent variables (legal system, type of political regime, and judicial independence) on two dependent variables (judicial independence and the rule of law). It is expected that higher levels of judicial independence will be strongly associated with an established rule of law, and that the type of political regime and legal system will affect the presence of a highly independent judiciary.
Additionally, I employ qualitative case studies of Serbia and Moldova in order to examine justice sector reforms taking place and assess their impact. The cases of Serbia and Moldova provide an example of the global effort to reform the rule of law and establish an independent judiciary and demonstrates the need to enshrine judicial independence not only within the content of legal documents, but also in practice.
The results of the comparative quantitative analysis demonstrate the importance of judicial independence, particularly de facto judicial independence, in establishing the rule of law. Furthermore, the qualitative studies of Serbia and Moldova show how the lack of judicial independence in both countries can be linked to human rights violations adjudicated by the European Court of Human Rights (ECHR). The goal of this research is to add to the growing field of transitional justice, and contribute to comparative law and politics literature concerning judicial independence and the rule of law.
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Newton, Robert J. "Retroactive and retrospective legislation and the rule of law." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5817.
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Ashdown, Michael J. "The rule in Re Hastings-Bass." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:b63ddd3f-1762-41b2-8c6b-e3c4c1c2b711.
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The rule in Re Hastings-Bass is an equitable control on the exercise of powers by trustees. It has developed without satisfactory explanation of its doctrinal basis, resulting in uncertainty as to its scope and application. In Pitt v Holt [2011] EWCA Civ 197 the Court of Appeal began to remedy these defects by deciding that the rule is founded on a trustee’s duty properly to consider the exercise of a power. This thesis argues, first, that Pitt is right to understand the Re Hastings-Bass rule as premised on the duties of trustees, and not on the exercise of a power producing an unintended result. This accords with the reasoning of earlier cases on the rule, and is also consistent with House of Lords authority on fiduciary powers and judicial non-interference in trustees’ decision-making. This duty is not a ‘fiduciary’ duty, or an aspect of the trustee’s duty of care, but is an independent incident of the office of trustee. Secondly, this analysis of the Re Hastings-Bass rule facilitates exposition of its important features: the concept of ‘relevant consideration’ must be carefully circumscribed; the purported exercise of a power in breach of the rule is voidable, not void; the rule does not apply to purely personal powers, or to administrative powers; there are no special rules for pension trusts or the use of the rule to mitigate liability to taxation; trustees can usually avoid a breach of duty by taking professional advice; and in some circumstances, those professional advisers can incur liability to the trust beneficiaries. Finally, the relationship between the Re Hastings-Bass rule and fraud on a power is examined. It is argued that the analogy between the two doctrines is not sound, and that there is reason to doubt aspects of the orthodox account of fraud on a power.
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Deedman, Galvin Charles. "Building rule-based expert systems in case-based law." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26137.
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This thesis demonstrates that it is possible to build rule-based expert systems in case-based law using a deep-structure analysis of the law and commercially available artificial intelligence tools. Nervous shock, an area of the law of negligence, was the domain chosen. The expert whose knowledge was used to build the system was Professor J.C. Smith of the Faculty of Law at the University of British Columbia<br>Law, Peter A. Allard School of<br>Graduate
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Petit, Elizabeth J. "The Rule of Law and U.S. Direct Investment Abroad." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/623.
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This paper employs an augmented gravity model for a sample of 96 host countries to examine the impact of host country rule of law on direct investment from the United States. This paper further investigates the gap between property rights and freedom from corruption, the two primary components of a country’s rule of law. Property rights and freedom from corruption are both shown to have a significant positive effect on U.S. outward foreign direct investment. This thesis argues that freedom from corruption is a more powerful measure than property rights for determining the location of U.S. direct investment. This suggests that for host countries, reducing the level of corruption may be more effective at stimulating direct capital investment from U.S. investors than expanding property rights.
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Ibrahim, Faiqa. "Honour killings under the rule of law in Pakistan." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83953.
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'Honour', an undefined notion in a patriarchal society like Pakistan, is used as a tool to justify the crime of murder. Violence in the name of honour is not a new phenomenon. Historically, it has been justified in the name of culture but the scope of this tradition has broadened with time and there is an enormous increase in the number of its victims. This cultural notion is interpreted in a way to control women's sexuality and to keep women subordinate to men. Honour killing is not legally sanctioned but the judiciary, the administration and the society often condone it one way or the other. In the tribal areas of Pakistan where such murder is not considered a crime, honour killing is a punishment for those who contravene against the traditional honour code.<br>The wide acceptance of honour killing has made women suffer as a whole against their basic rights; human, constitutional and Islamic. This thesis focuses on the judicial redress against the crime of honour killings, which could be achieved by proper administration of justice. It contests that to control the crime in the patriarchal society of Pakistan, legislative measures are not enough. There is a dire need to eliminate the inadequacies of the administration of justice. The State could build a judicial framework to eliminate the inequality and discrimination against women. The judiciary could play an important role in bringing justice to the victims and in curbing this heinous crime.
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Fijalkowski, Agata A. "Rule of law revived : the Polish judiciary 1918-1998." Thesis, Queen Mary, University of London, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.393180.
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Conant, Lisa J. "Contained justice : the politics behind Europe's rule of law /." Thesis, Connect to this title online; UW restricted, 1998. http://hdl.handle.net/1773/10764.
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Black, Julia M. "Regulators as rule makers : the formation of the conduct of business rules under the Financial Services Act 1986." Thesis, University of Oxford, 1993. https://ora.ox.ac.uk/objects/uuid:3c47cbb3-3377-4f60-986b-98748eacdbf3.
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This thesis is a study of rule making by regulators operating under the Financial Services Act 1986. It examines the formation of one set of rules, the conduct of business rules, which regulate firms authorised under the Act to conduct investment business. The thesis focuses on rule making by the core regulators, the Securities and Investments Board and the self-regulatory agencies which authorise and regulate investment firms. The thesis considers firstly from a theoretical stance what rule making consists of, what issues fall to be decided when a rule is being formed, what the implications of different rule making decisions might be, and what factors would influence that decision. In order to discuss rules and rule making with some degree of analytical rigour, the thesis develops a framework for analysing rules which identifies four dimensions to rules, substance, status, character and structure. The thesis then studies the rule making of these agencies empirically in an attempt to develop a more sophisticated and conceptual understanding of this regulatory function. It first explores the reasons why the regulation was instituted, and why the institutional structure combining statutory and "self regulation was created. It then examines the formation of the initial rules and the reasons for the change to the new rule system which was introduced shortly after the initial rules were introduced. It analyses the formation and nature of the principles, core rules and self-regulatory rules made under the new powers. Finally it studies the formation of rules in particular substantive areas, the soft commissions rule and the rules regulating the retailing of some investment products. Throughout this study, the thesis examines the use which has been made of different types of rules within this system. It considers the different functions of the rules and identifies several factors which have influenced their formation. These include the substantive area in which the rules operate, the institutional framework and the dynamics of the relationship between the regulators, the political context, and the norms and perceptions of the regulators, regulated and the wider community. It also examines the manner in which rule makers have considered the implications of using rules of different types. These include the use of rule type to confer discretion or decisional jurisdiction between both the different regulators and the regulators and the regulated, to affect interpretation and compliance, and to achieve predictability and flexibility of the rule system. The thesis concludes that although rule making by regulatory agencies is a relatively unexplored aspect of their functions, its study can be profitable for both those interested in regulatory agencies in general, and in financial services regulation in particular.
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Waddell, Sarah Kathleen. "The Role of the 'Legal Rule' in Indonesian Law: environmental law and the reformasi of water management." University of Sydney. Environmental Law, 2004. http://hdl.handle.net/2123/673.
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In examining the role of the �legal rule� in Indonesian law, and in particular environmental law related to water quality management, this thesis questions the often expressed view that laws in Indonesia are sound, they merely fail to be implemented. It proposes that this appraisal of the situation does not take a sufficiently deep assessment and that a cause for non-implementation lies within the drafting of the laws themselves. It is argued that the ineffective system for environmental protection in Indonesia can be related to a failure to recognise the role of the �legal rule� in environmental law. A proposition presented in this thesis is that the arrangements for environmental law making in Indonesia lacks a strong rule foundation and, for this reason, it is not capable of producing shared understandings by lawmakers about producing and reproducing environmental law as legal sub-system. Another central proposition is that Indonesian environmental law has a form and style, which negates the role of the legal rule in environmental management and control. Despite the changes brought by reformasi, the central position of the legal rule in environmental law and, indeed, the necessary rule foundation to the development of the legal system, has yet to achieve full recognition. If this situation is related to the system of water quality management and pollution control in Indonesia, it can be seen that environmental improvement will not be achieved until underlying issues concerning the structure, form and style of environmental law making are addressed.
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Nordbrandt, Lisa, and Lina Birgersson. "Developing Legal University Education in Lao PDR : In order to Strengthen Rule of Law." Thesis, Umeå universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-101286.
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Hoffiani, Mansoor. "The Nexus between Corruption, Sustainable Development and Rule of Law." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76532.
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Hanekom, Jurgens Philip. "The application of the hearsay rule in labour law proceedings." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/300.
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To know your law and not to understand it is like a legal barbarian lost in the battlefield of legal theory. A proper and thorough understanding of the law of evidence and hearsay evidence in particular, is of paramount importance not only for lawyers but also for persons who regard themselves as labour law experts. It takes a great deal of experience before a lawyer truly becomes confident with the law of evidence and its application. The only way one becomes good at it is firstly to know the law. (Where does it come from and why is it there?) Then one must get to understand it by looking at examples and apply it in practice. Only then will a person gain practical experience. The aim of this treatise is not to try and educate experienced lawyers. This article is aimed at those that need some motivation to pursue their journey in the labour law process. Remember we all assume that lawyers know and understand their subject until they proof the contrary. In this work I shall try to highlight the importance of the law of evidence in labour law proceedings. Firstly the meaning of the law of evidence and hearsay evidence is considered. Further emphasis will be on the approach and application of the law of evidence, and in particular the hearsay rule, in labour law proceedings.
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Blackman, Susan Jane. "Expert systems in case-based law : the rule against hearsay." Thesis, University of British Columbia, 1988. http://hdl.handle.net/2429/27763.
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The rule against hearsay of evidence law, and its exceptions, can be explained with a simple heuristic device. Where the circumstances surrounding the making of the hearsay statement indicate that the declarant perceived the matters reported accurately, believed and remembered what she saw when she reported it, and intended to accurately report it, the evidence appears reliable and is admissible in court. This theory is used as the basis for building an expert system to advise lawyers about admissibility of hearsay evidence. The expert whose knowledge forms the basis of this expert system is Professor M. T. MacCrimmon of the Faculty of Law at the University of British Columbia.<br>Law, Peter A. Allard School of<br>Graduate
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Gallagher-Mackay, Kelly. "Rule of law and Aboriginal government, the case of Nunavut." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ56175.pdf.
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Ring, Fred. "Outsourced Public Service, Make or Break the Rule of Law?" Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-377689.
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Corruption is an area that has intrigued plenty of political scientists. This thesis is an attempt to examine how corruption is affected by the sheer amount of public outsourcing with a sample of countries used in a qualitative multivariate analysis. The variables used to control the correlation are inspired by previous research on what causes corruption, while the sample of countries used are those countries that had representation in the indexes used between 2012 to 2015. The main findings are that spending more on public outsourcing tend to lead to slightly less corruption. These results are inconclusive since the main findings was a non-statistically significant when introduced to my set of control variables. However, there is a silver-lining to this inconclusiveness, that being to pinpoint a mechanism for outsourcing and/or corruption: civil wages.
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RESENDE, HENRIQUE BARBOSA. "THE MEASURE OF ASSISTANCE IN CRIMINAL DEMOCRATIC RULE OF LAW." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2008. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=13479@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO<br>O presente trabalho visa abordar, apoiado na noção de Estado Democrático
de Direito, os rumos que tem tomado o sistema de controle social formal do
Estado contemporâneo pela via do direito penal hodierno e o choque existente
entre o direito penal moderno, entendido como aquele que protege bens jurídicos
coletivos, por meio de um desmantelamento, quando não da flexibilização dos
princípios e regras do sistema penal vigente, e o direito penal de bases clássicas,
informado e dirigido por princípios penais originados a partir do iluminismo e que
seguem determinando, não sem ressalvas, a evolução da dogmática penal. O
marco teórico do presente trabalho se assenta em bases garantistas e se
fundamenta nas concepções do Estado Democrático de Direito, conceituado como
o ambiente no qual se realizam as garantias individuais construídas a partir de
diplomas como a Declaração dos Direitos do Homem e do Cidadão, de agosto de
1789, inspiradora do modelo de Estado plasmado na normatização constitucional
desenhada na Constituição Federal do Brasil, de Outubro de 1988, a qual, em seu
artigo 5.º, traz um rol de direitos individuais que representa um anteparo do
elemento humano em face do poder repressivo estatal. Partindo-se do confronto
existente entre os dois tipos de direito penal: o clássico e o moderno, já em curso,
serão apresentadas as possibilidades de atuação dos mesmos, a adequação do
direito penal moderno ao regramento legal e aos princípios penais e processuais
penais vigentes, bem como a necessidade de que se estabeleçam critérios
definidos para a teoria e prática do controle social estatal do século XXI.<br>This paper aims to address, supported the concept of democratic rule of law,
the path that has taken the formal system of social control through the
contemporary state of criminal law and modern clash between the modern
criminal law, seen as one that protects property Legal collectives, through a
decommissioning, if not, the relaxation of the principles and rules of the existing
criminal justice system, criminal law and the foundations of classical, informed
and directed by criminal principles originated from the Enlightenment and
determined that follow, not without reservations, the evolution of dogmatic
criminal. The theoretical framework of this work is based on a guaranteed and is
based on concepts of democratic rule of law, regarded as the environment in
which they hold the securities built from individual acts such as the Declaration of
Human Rights and the Citizen of August of 1789, inspiring the model created in
the normalization of state constitutional designed in the Federal Constitution of
Brazil, in October 1988, which, in his article. 5, brings a list of individual rights
that represents a shield of the human element in the face of the repressive state.
Based on the confrontation between the two types of criminal law: the classic and
modern is already underway, will be presented the possibilities of action from
them, the adequacy of criminal law to modern criminal rules and criminal
procedural principles in force, and the need to establish criteria for the theory and
practice of social control state of the twenty-first century.
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Swart, Charl. "Contending interpretations of the rule of law in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/85623.
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Thesis (PhD)--Stellenbosch University, 2013.<br>ENGLISH ABSTRACT: The following study examines whether there are contending interpretations of the rule of law
present within the South African democracy. The study proposes that the rule of law forms
part of the societal understanding of democracy and everyday life. Rule of law is defined in
terms of mental models which influence how stakeholders conceive and define institutions.
Rule of law is more than a mere institutional guarantee or set of rules — rule of law is
understood as a component of a specific culture of understanding. It is shown that
conceptions of rule of law have a long history in western society and have been influenced by
both liberal and social ideals. Contemporary conceptions of the rule of law are tightly bound
with specific notions of liberal democracy.
It is hypothesised that there are distinctly identifiable opinions, beliefs and views of the rule
of law present in South African democracy, and that these can be systematically described at
the hand of a conceptual typology. The conceptual typology developed, identifies two
contending interpretations of the rule of law, namely liberal and social rule of law. Liberal
rule of law emphasises the status of the individual, moral plurality and the creation and
maintenance of a rule-based society of the future. In contrast, social rule of law places
emphasis on the status of the community, a single communally defined conception of the
moral good and places greater emphasis on righting past injustices.
Other publications that address the themes of democracy and the rule of law in South Africa
are also examined in order to determine whether there is congruence between the conceptual
typology developed in this study and other works. It is found that the conceptual typology is
congruent with other works that depict the African National Congress’s conception of
democracy, equality and liberty. These congruencies validate and strengthen the conceptual
typology developed in this study.
The conceptual typology is subsequently applied to a specific court case, the AfriForum v
Malema hate speech case. The conceptual typology is found to be sufficiently accurate in
analysing contending beliefs associated with the rule of law as expressed in this court case
and identifies the African National Congress’s conception of the rule of law as falling under
the social rule of law and AfriForum’s conception as aligning to the liberal rule of law. It is concluded that the conceptual typology can be empirically validated at the hand of the
selected case. The conceptual typology is therefore validated with other works (conceptually)
and with a specific case (empirically). It is concluded that the conceptual typology provides a
clear, robust, concise and comprehensive analytical description of values and beliefs
associated with the rule of law in South Africa.<br>AFRIKAANSE OPSOMMING: Hierdie studie ondersoek of daar uiteenlopende en teenstrydige interpretasies oor die
oppergesag van die reg teenwoordig is binne die Suid Afrikaanse demokrasie. Die studie stel
voor dat die oppergesag van die reg deel uitmaak van die wyse waarop alledaagse
samelewingsinteraskies, asook demokrasie, verstaan word. Die oppergesag van die reg word
gedefinieer in terme van kognitiewe modelle, wat die belanghebbende partye se konsepsie
van hierdie instelling beïnvloed. Die oppergesag van die reg word dus as element van
spesifieke kulturele begrip vertolk en meer as institusionele element, wat die behoud van
reëls waarborg, beskou. Dit word gewys dat konsepsies van die oppergesag van die reg
lang geskiedenis in westerse samelewing het en dat dit deur liberale en sosiale ideale
beïnvloed is. Kontemporêre konsepsies van die oppergesag van die reg het noue bande met
die liberale demokrasie.
Die hipotese is dat daar afsonderlik identifiseerbare opinies, oortuigings en sieninge van die
oppergesag van die reg teenwoordig is in die Suid Afrikaanse demokrasie, en dat hierdie
opinies sistematies aan die hand van konseptuele tipologie beskryf kan word. Die
konseptuele tipologie wat ontwikkel word in hierdie studie identifiseer twee konsepsies van
die oppergesag van die reg, naamlik die liberale- en die sosiale oppergesag van die reg.
Liberale oppergesag van die reg plaas klem op die status van die individu, morele pluraliteit
en die skep en handhawing van reëlsgebaseerde toekomsgerigte samelewing. Hierteenoor
word die sosiale oppergesag van die reg gekontrasteer wat klem plaas op die status van
gemeenskap of groep, enkele kommunale gedefinieerde konsepsie van die morele doelwit
voortsit terwyl die klem geplaas word op die regstelling van ongeregtighede van die verlede.
Ander publikasies wat die temas van demokrasie en oppergesag van die reg in Suid Afrika
aanspreek, word ook bestudeer om sodoende ooreenkomste tussen die konseptuele tipologie
wat hier ontwikkel word, en die bestaande literatuur vas te stel. Daar word gevind dat die
konseptuele tipologie wel ooreenkomste met ander werke, wat die African National Congress
se konsepsies van demokrasie, gelykheid en vryheid bestudeer, vind. Die ooreenkomste
valideer en versterk die konseptuele tipologie.
Die konseptuele tipologie word ook toegepas op spesifieke hofsaak, naamlik die AfriForum
v Malema haatspraaksaak. Daar word gevind dat die konseptuele tipologie wel akkurate analise van teenstrydige opinies, wat geassosieer word met die oppergesag van die reg,
moontlik maak. Die African National Congress se konsepsie word in die kategorie van die
sosiale oppergesag van die reg geplaas terwyl AfriForum se siening in die kategorie van die
liberale oppergesag van die reg geplaas word.
Dit word bevind dat die konseptuele tipologie voldoen aan empiriese validasie aan die hand
van geselekteerde saak. Die konseptuele tipologie word daarvolgens gevalideer met ander
werke (konseptueel), asook met spesifieke gevallestudie (empiries). Daar word tot die
gevolgtrekking gekom dat die konseptuele tipologie duidelike, robuuste, bondige en
omvattende analitiese beskrywing van die waardes en oortuigings, wat geassosieer word met
die oppergesag van reg in Suid Afrika, beskryf.
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Bohrer, Carolina Pancotto. "Promoção do desenvolvimento e rule of law no Banco Mundial." reponame:Repositório Institucional da UFSC, 2012. http://repositorio.ufsc.br/xmlui/handle/123456789/92752.
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Tese (doutorado) - Universidade Federal de Santa Catarina, Centro de Ciências Jurídicas, Programa de Pós-graduação em Direito, Florianópolis, 2009<br>Made available in DSpace on 2012-10-24T11:53:08Z (GMT). No. of bitstreams: 0<br>A discussão sobre o desenvolvimento e a sua promoção hoje não pode deixar de lado o Direito, que está no centro do discurso e na prática do desenvolvimento. A idéia de que o sistema jurídico é crucial para o crescimento econômico passou a fazer mesmo parte da teoria do desenvolvimento. No entanto, os termos desta relação mudaram ao longo do tempo, e a profunda alteração sofrida por uma das variáveis - o desenvolvimento - influenciou em muito a maneira como ele se relaciona com o Direito. Durante muito tempo o crescimento econômico foi sinônimo de desenvolvimento. Neste contexto, o direito podia exercer um papel muito restrito, basicamente no âmbito do mercado, e eminentemente instrumental, na promoção do desenvolvimento. Na medida em que foi se ampliando o conceito e o escopo do desenvolvimento, e este passou a abranger outras variáveis sociais, políticas, culturais, e de gênero, além das econômicas, abriu-se um novo espaço, muito mais amplo, para discutir a sua relação com o Direito. Este passou a desempenhar outros papéis na promoção do desenvolvimento, que vão além de garantir direitos de mercado. Ao mesmo tempo, o Direito deixou de ter um papel apenas instrumental na promoção do desenvolvimento. A partir de uma visão global, que o encara como um amálgama de desenvolvimentos em diferentes domínios - econômico, social, político, jurídico -, o desenvolvimento jurídico passou a ser parte constitutiva do próprio processo de desenvolvimento. Assim, ainda que o desenvolvimento jurídico, a promoção da Rule of Law, não trouxesse qualquer contribuição para desenvolvimento econômico, este ainda seria parte importante do processo de desenvolvimento. Também, a teoria do novo institucionalismo e a noção de desenvolvimento como liberdade de Amartya Sen, que conformam a noção de desenvolvimento adotada por esse trabalho, embasam e justificam a relação entre Direito e Desenvolvimento, apontando para o seu papel instrumental e constitutivo do desenvolvimento. Por isso, o Banco Mundial, como organização internacional voltada para a promoção do desenvolvimento, deve se envolver na promoção da Rule of Law, apesar das limitações institucionais e dos problemas de implementação de projetos de reforma jurídica e do judiciário.<br>Today's discussion on development and the promotion of development cannot exclude the law, as law is the center of the discourse on and practice of development. The idea that the legal system is essential to economic growth has become a component of the theory of development. However, over time, the terms of this relationship have changed, and this profound change affected one of the variables- development- greatly influencing the way that development relates to law. For a long period of time, economic growth was synonymous with development. In this context, law would exercise a greatly restricted role, fundamentally in the market, and would be eminently instrumental in the promotion of development. The way in which the concept and scope of development broadened, encompassing other social, political, cultural and gender-based variables, beyond economic variables, opened a new, larger space in which to discuss development's relationship to law. This relationship created new roles in the promotion of development that go beyond guaranteeing market rights. At the same time, the law's role ceased to be only an instrumental role in the promotion of development. With a global vision that views development as a synthesis of different domains- economic, social, political and legal- juridical development came to constitute a part of the process of development itself. In this way, while juridical development, the promotion of the Rule of Law, did not bring any contributions to economic development, it remained an important part of the process of development. Also, the theory of new institutionalism and Amartya Sen's notion of development as freedom, which conform to the notion of development adopted in this work, are based on and justify the relationship between law and development, indicating its instrumental and constitutive role in development. Thus, the World Bank, as an international organization aiming to promote development, must participate in the promotion of the Rule of Law, despite institutional limitations and difficulty that may arise in implementing projects on legal reform and reform of the judiciary.
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Villanueva, Hector. "The Challenge of Police and Judicial Reform in Mexico and the Promise of Civil Engagement." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/655.
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This piece examines the lack of rule of law in Mexico through an analysis of police and judicial reform efforts. After providing a historical overview of the development of Mexican policing and the judicial branch, it pinpoints shortcomings of reform operations in the justice sector. It suggests that without addressing corruption and informal procedures in those institutions, meaningful reform and true rule of law in Mexico will be unlikely. The piece then focuses on civil society's capacity to bolster justice reform and act as an agent of rule of law.
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Wasileski, Gabriela. "Labor law transformation and the rule of law the Czech and Slovak Republics, 1993-2005 /." Access to citation, abstract and download form provided by ProQuest Information and Learning Company; downloadable PDF file, 100 p, 2007. http://proquest.umi.com/pqdweb?did=1303296061&sid=10&Fmt=2&clientId=8331&RQT=309&VName=PQD.
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McLeod, Travers. "Rule of law in war : international law and United States counterinsurgency in Iraq and Afghanistan." Thesis, University of Oxford, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.665298.
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While the merits of counterinsurgency ("COIN") as a strategy for fighting modem war remain hotly debated, the interaction of law with COIN has received less attention. This thesis tracks international law's role in the construction of modem United States ("U.S.") COIN doctrine and assesses how international law's doctrinal interaction has held up downrange in Iraq and Afghanistan. In doing so, it responds to empirical and causal voids that persist in debates about international law's function in world politics. I argue international law has played an important but underappreciated role in designing and prosecuting modem U.S. COIN doctrine, specifically, Field Manual 3-24, Counterinsurgency, released by the U.S. Army and Marine Corps in December 2006 ("FM 3-24"). I suggest international law's influence can be understood, individually and collectively, through three pathways: in the ideational pull of the rule of law; in international law's capacity to demonstrate and articulate legitimacy; and in the mandatory consequences of international law's interaction with domestic law. The emerging claim is that the U.S. has approached legitimate warfare in increasingly legal terms, which has had implications for the use of force, detention operations, and the overall construction of the military campaigns in Iraq and Afghanistan. My research draws on FM 3-24's drafting history, interviews with its writing team, field documents, and interviews with military officers of various ranks who have served multiple deployments in Iraq and Afghanistan.
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Broomhall, Bruce. "Between state consent and the rule of law : the emerging system of international criminal law." Thesis, King's College London (University of London), 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.249246.
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Månsson, Tim. "Homegrown Player Rule and the Compensation Scheme for Young Players – Are the Rules Compatible with EU-Law? : And the Rules Effect on Minor Football Players." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-92966.
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Uka, Marigona. "Rules of thumb for the rule of law: EULEX and the re-making of Kosovo's juridical field." Thesis, McGill University, 2012. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=110741.
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This thesis examines the politics of international legal tutelage in post-independence Kosovo by investigating the dynamics of power interplay between EU's largest civilian mission to date – EULEX and Kosovar stakeholders. Informed by the "practice turn" in IR and borrowing from Bourdieu's sociology of juridical field, the central argument of this thesis posits that the relations between EULEX as an "expertise-rich" entity and Kosovar institutions as "expertise-deficient" as well as their interactions as partners in the monopoly of violence, have resulted in the emergence of a new legal field that has been grounded by the ontological glorification surrounding the notion of "rule of law." The EU's attempt to socialize the nascent Kosovar polity into international liberal norms and European best practices has resulted in daily institutional struggles that continuously define and re-negotiate the principle of the "rule of law." These struggles, in turn, have provided Kosovar institutions and political elite with a platform whereupon they are able to mobilize meaningful symbolic power from a palette of resources, which helps them legitimize their own claims about authority, local ownership and statehood.<br>Ce mémoire examine la situation politique de la tutelle internationale au Kosovo post-indépendance via l'investigation des dynamiques de pouvoir entre la plus large mission de l'UE à date – EULEX – et la partie prenante Kosovar. Éclairé par le « practice turn » en RI et empruntant à la sociologie du champs juridique de Bourdieu, la thèse centrale de ce mémoire affirme que les relations entre EULEX – en temps qu'entité « riche en expertise » – et les institutions Kosovars – considérés « pauvres en expertise » -, ainsi que leur interactions en temps que partenaires dans l'exercice du monopole de la violence légitime, se sont traduites par l'émergence d'un nouveau champs légal. Ce dernier est largement supporté par la glorification ontologique de la notion d' « État de droit ». Les tentatives de l'UE de socialiser le naissant État Kosovar aux normes libérales internationales ainsi qu'aux pratiques Européennes a résulté en des luttes institutionnelles quotidiennes qui ne cessent de (re)définir et (re)négocier le principe d' «État de droit ». À leur tour, ces luttes on fournit aux institutions et à l'élite politique Kosovar une plateforme sur laquelle elles ont été capable de mobiliser significativement un pouvoir symbolique provenant d'une palette de ressources; ce qui les aide à légitimer leur propres revendications quant à l'autorité, la propriété locale et l'indépendance étatique du Kosovo.
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Li, Jiefen. "The rule of law or rule by law? : legal reform versus the power of the party-state in the People's Republic of China, 1978-2002." Thesis, University of Edinburgh, 2005. http://hdl.handle.net/1842/24837.
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The present research is devoted to a study of the ongoing legal reform in contemporary China with special reference to its rule of law (<i>fazhi ROL)</i> project. The aim of the reform is to build China into a modern state with a legal system suitable for a market economy, and the key to this reform is to get the party-state power under control. Within the current political framework, however, a socialist rule-of-law system with Chinese characteristics, which is designed to strengthen the party-state power rather than weaken it, is no other than a legalist rule by law (<i>fazhi, </i>the legal system) with the Party-state remaining above the law. This is the fundamental cause for the frustration and constraint for implementing the rule of law. This thesis is divided into six chapters with the first one serving as a general introduction to legal reform from the late 1970s up to 2002 and the debates about the model of the rule of law. The second chapter concentrates on China’s administrative legal regime with focus on the following three issues: administrative power, principles of administrative rule of law and the judicial control of administrative power. The following two chapters are devoted to a critical review of the abuse of administrative power by Party and government officials, based on a case study of the frequent infringement of fundamental human rights in China. Chapter five examines the problems with the Chinese judiciary under the PRC political system, with a view to exploring various reasons for its inability to prevent arbitrary action by the Party-state, to safeguard the rights and interests of the individual and enterprises, to readdress social injustice, and to resolve disputes arising from market economic activities. Chapter six echoes Chapter one in that an investigation is conducted of Chinese legal culture and tradition and their influence upon legal environment in contemporary China. Finally, a conclusion will be made on the dilemma of Chinese legal reform through a summary of problems with China’s legal reform.
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Birgersson, Lina, and Lisa Nordbrandt. "Utveckling av juridisk universitetsutbildning i Laos. För att stärka Rule of Law." Thesis, Umeå universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-101647.
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Widerström, Sofie. "The Rule of Law : A Founding Value of the European Union." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-94637.
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