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Dissertations / Theses on the topic 'Rule of law'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

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

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2

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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3

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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4

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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5

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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6

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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7

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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8

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 s

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9

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

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10

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 yie

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11

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,

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12

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 c

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13

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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14

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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15

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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16

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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17

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 bas

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18

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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19

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 ne

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20

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'évo

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21

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

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22

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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23

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 indepen

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24

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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25

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 resu

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26

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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27

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. dire

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28

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

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29

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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30

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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31

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 o

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32

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 environm

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33

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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34

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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35

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

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36

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 P

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37

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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38

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 ar

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39

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 qu

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40

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 sh

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41

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 alteraç

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42

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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43

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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44

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 desi

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45

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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46

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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47

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

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48

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

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49

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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50

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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