Journal articles: 'Rule of law'

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

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

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

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

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Este artículo efectúa una revisión teórica del término Rule of Law (que puede entenderse como ‘Gobierno conforme al Derecho’) y el concepto de Soft Rule of Law (‘Estado de Legalidad’). Se centra en los derechos humanos como un elemento esencial del gobierno conforme al derecho; además, la interacción entre la democracia y los desafíos que enfrenta el gobierno conforme al derecho en una democracia consolidada. Finalmente, a modo de ejemplo y con propósito descriptivo, presenta una breve reflexión sobre los problemas institucionales actuales de Perú y Ecuador, relevantes para entender las interacciones el Rule of Law y el Soft Rule of Law.

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Scalia, Antonin. "The Rule of Law as a Law of Rules." University of Chicago Law Review 56, no. 4 (1989): 1175. http://dx.doi.org/10.2307/1599672.

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

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As a theater of historical experimentation, Korean society merits special attention. Economic and social transformations that unfolded over two centuries or more in Western societies and over more than a century in Japan have exploded in a far shorter time in Korea. Various features of Korean society are radically heterogeneous in origin: some echo feudal structures of the pre-modem Chosun Dynasty, which lasted through the 1890s. Others stem from institutions of Japanese colonial rule(1905-1945), from the American military occupation of 1945-1948, from the corrupt autocracy of Syngman Rhee(1948-1960) or from the "developmental dictatorships" that ruled Korea by military decree from 1961 until only a few years ago. In the quasi-pluralistic Korean society of today, a commerce-centered network of relations interacts with oligarchical structures deeply rooted in recent as well as remote history. Confronted with unprecedented challenges, internal and external, Korea presently is in a period of transition, groping its way toward democratization while trying to maintain momentum for sustained economic development.

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Schneiderman, David. "Investment Rules and the Rule of Law." Constellations 8, no. 4 (December 2001): 521–37. http://dx.doi.org/10.1111/1467-8675.00256.

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

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

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

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

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Anjinappa, Gopala. "Rule of Law." International Journal of Asian Business and Information Management 6, no. 1 (January 2015): 38–50. http://dx.doi.org/10.4018/ijabim.2015010103.

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The world as a whole has developed in the global dimension and has flourished with prosperity. But still one can see the hurdles in the development process. One of such impediments is poverty and the other is the environmental problems. Poverty results in violation of human rights. The rule of law is crucial and is one of the means to strengthen these hurdles. One of such escalation is on the environmental development wherein it strives for achieving sustainable development and eradication of poverty. The rule of law plays a vital role in reducing extreme poverty with emphasizing on human rights. It is the very essence and the core of Good Governance. Without the principles of the rule of law, it will not be enough to achieve sustainable development and eradication of poverty. The rule of law strengthens to provide intense legal framework. It works as an effective mechanism for the enforcement of law. Innovative methods are undertaken to aim in the enforcement of sustainable development and eradication of poverty. The paper implies on effectiveness of the rule of law in providing sustainable development policies. It analyses the legal framework in India that contributes in maintaining economic imbalances. The paper explores the role of Indian Judiciary and the classic Judgments of Supreme Court of India. Keeping in view the importance of sustainable development and eradication of poverty, the paper contributes to explore the significance of the rule of law in achieving the objective of the nation. “Development is one of the primary means of improving the environment for living, or providing food, water, sanitation and shelter, of making the deserts green and the mountains habitable” (Indira Gandhi, 1972).

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Kirby, Michael. "Rule of Law." University of Queensland Law Journal 39, no. 2 (August 19, 2020): 371–88. http://dx.doi.org/10.38127/uqlj.v39i2.5033.

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This article, first delivered at The University of Queensland as the Naida Haxton AM Oration 2019, explores some of the components of the rule of law. It starts with building blocks in the common law system, including law reporting for the derivation of precedents. It describes the notable career of Naida Haxton and her approach to law reporting. It then extends to municipal and international law, including that relevant to universal human rights. In that connection, it describes the author’s work as chair of the United Nations Commission of Inquiry on North Korea. It explains its successes and disappointments. Finally, it concludes with the importance of building effective protections for peace and security and justice, including addressing existential challenges such as pandemics, global climate change, and the control of nuclear weapons. The author argues that these components of the rule of law are ultimately integrated and essential to the safety and protection of human beings and the biosphere everywhere.

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IL-HWAN KIM. "Rule of Law and Rule of Constitutional Law in Korea." SungKyunKwan Law Review 26, no. 4 (December 2014): 159–82. http://dx.doi.org/10.17008/skklr.2014.26.4.008.

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Blažo, Ondrej. "Protection of Rule of Law While Protecting Rule of Law." Slovak Yearbook of European Union Law 2 (December 31, 2022): 51–60. http://dx.doi.org/10.54869/syeul.2022.2.333.

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The paper focuses on judicial review of political or quasi-political/quasi-legal decisions or other acts of the institutions of the EU involved in following procedures designed to protect the value of rule of law: a) mechanism for protection of values under Art. 7 of the Treaty on European Union and b) measures adopted within the conditionality for the protection of the EU budget (Regulation 2020/2029). At a first sight, the difference between the judicial review of measures aimed to protect rule of law in the Member States under Art. 7 TEU and under Regulation 2020/2029 can appear straightforward: a limited procedural review of measures adopted under Art 7 TEU due to specific powers stipulated in Art. 269 TFEU and full judicial review of measures adopted under Regulation 2020/2029. However, notwithstanding different structures, and uncertainties stemming from the wording of the Treaties, the Treaties provide a comprehensive framework of judicial control of analyzed types of measures aimed to avoid backsliding rule of law in the Member States

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Oniszczuk, Jerzy. "The concept of the State of Law." Studia z Polityki Publicznej, no. 2(6) (June 1, 2015): 57–77. http://dx.doi.org/10.33119/kszpp.2015.2.3.

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Political systems of various states are currently described as the rule of law states, lawabiding states, democratic states ruled by law, lawful states, or law-governed states?Mostly, it is noticed that the states ruled by law are characterized by the fact that thepower is exercised by the set of abstract principles which govern the conduct of all people(a general norm) by equal rules, in opposition to the state governed by people (the orderof an individual or group of individuals). Such a state acts on the basis of law and withinits limits. The above statement corresponds with the apprehension of the law-abidingstate. The law observing state is formally characterized by functioning on the basis of,and within the limits of law whereas its substantial dimension means that the law is equal(equal for everyone). This description is not sufficient to characterize the rule of the lawstate. It is only a fragment of even broader concept of the democratic state ruled by law.

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Rajkovic, Nikolas M. "‘Global law’ and governmentality: Reconceptualizing the ‘rule of law’ as rule ‘through’ law." European Journal of International Relations 18, no. 1 (November 18, 2010): 29–52. http://dx.doi.org/10.1177/1354066110380966.

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Van Vaerenbergh, Pieter, and Angshuman Hazarika. "One Rule to Rule Them All: Rules for Article 25 DSU Arbitration." Journal of International Arbitration 36, Issue 5 (September 1, 2019): 595–627. http://dx.doi.org/10.54648/joia2019030.

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The Appellate Body faces a crisis and risks being dissolved in December 2019. In order to safeguard the dispute settlement mechanism and ensure a functioning system without the Appellate Body of the World Trade Organization (WTO), many proposals have been put forward. Among these proposals, this Article highlights the potential of arbitration in the WTO. Article 25 of the Dispute Settlement Understanding (DSU), which provides for arbitration as a means of dispute settlement, remains underused due to insufficient procedural guidance. This article provides a set of rules for Article 25 DSU arbitration, which could be adopted by WTO Members ‘off the shelf’ when initiating an arbitration procedure. This formulation of procedural rules combines the need for party autonomy of WTO Members engaged in an arbitration procedure with the need for procedural certainty, which has hampered its usage until date. Experience of past arbitration in the WTO and international sources for trade-related arbitration have been used to shape these customized rules for Article 25 DSU arbitration.

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Luthfi, Muhammad, and Yohana Wardoyo. "NADZIR REGISTRATION REGULATION TO THE INDONESIAN WAQF BOARD WITH A POSITIVE LEGAL PERSPECTIVE AND ISLAMIC LAWm Islam." Legal Standing : Jurnal Ilmu Hukum 4, no. 2 (October 8, 2020): 190. http://dx.doi.org/10.24269/ls.v4i2.2839.

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Regulation of nadzir registration to Indonesian Waqf Agency (BWI) is a new rule about Waqf in Indonesia. This rule has a different push point in the rules, the rule of law using the word "must" as its registration regulation, And the rules of implementation use the word "mandatory". The use of the word "obligatory" is also not followed by the sanction of the rules. This study explains the regulation of the registration of Mucconsulting to BWI's perspectives on positive laws and Islamic law. The problem formulation, how the regulation of registration of nadzir to BWI is reviewed from the rules of the positive law and the rule of Islamic law? This research is a normative study. Research results, The regulation of registration of Mucconsulting to BWI is reviewed from the positive legal rules, content is a rule that contains orders, the nature of the rule is the Factative law. According to Islamic law via ushuliyyah rules it goes into the aspect of amr (command), That do not have to be, In qiyas the order of the rules equals the order of Hajj.

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19

Schauer, Frederick. "Rules and the Rule-Following Argument." Canadian Journal of Law & Jurisprudence 3, no. 2 (July 1990): 187–92. http://dx.doi.org/10.1017/s0841820900001223.

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Sparked by books by Saul Kripke and Crispin Wright, the last several years have seen a renewal of interest in Wittgenstein’s remarks on rules. A large part of the contemporary discussion centers on what it is to follow a rule, how it is that human beings come to follow them, and what facts, mental or otherwise, determine or explain why some but not other logically equivalent extensions of a rule are deemed to constitute a following of the rule.

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Shumanovska-Spasovska, Ivana, and Konstantin Bitrakov. "Magna Carta And Its Significant Role For Rule Of Law In The Republic Of Macedonia." SEEU Review 11, no. 1 (December 1, 2015): 86–98. http://dx.doi.org/10.1515/seeur-2015-0012.

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Abstract One of the most important and famous historical documents from the English legal and constitutional legacy is the Magna Carta Libertatum. Signed and sealed in the year 1215 the Magna Carta is further on viewed as the sole inception of the idea of limiting the power of the ruler trough legal rules. That limitation is to be made with legal rules that are binding for everyone, even the monarch. Therefore, the Great Charter is viewed as the first document signed by a monarch with which, the principle of supremacy of the law is set out. That supremacy of the law has been further on developed by eminent scholars and practitioners, eventually leading to the development of the concept of rule of law. Rule of law, as a concept, means that the royal authority (or the executive branch of power) is going to be inferior to the law. However, this concept means a lot more than simply that. Unlike the principle of legal state, the rule of law is closely linked to justice, separation of powers and legal certainty. All of these concepts are actually prerequisites for its existence. That is why each of them is separately examined and elaborated. Furthermore, as one of the most important principles the rule of law had a great influence on the constitutional (and legal) systems around the world. Since the Republic of Macedonia strives to become a democratic state where the rule of law is established and developed it is important to elaborate the influence of this principle in it. Therefore, the research gravitates over the principle of rule of law in the Republic of Macedonia.

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PATRIN,, DENIS. "RULE OF FORCE V. RULE OF LAW." Russian Law Journal 4, no. 2 (January 1, 2016): 112–15. http://dx.doi.org/10.17589/2309-8678-2016-4-2-112-115.

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22

Yang, Lijing, and Zeger van der Wal. "Rule of Morality vs. Rule of Law?" Public Integrity 16, no. 2 (March 21, 2014): 187–206. http://dx.doi.org/10.2753/pin1099-9922160206.

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STRATON, JACK C. "Rule of Thumb versus Rule of Law." Men and Masculinities 5, no. 1 (July 2002): 103–9. http://dx.doi.org/10.1177/1097184x02005001005.

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Cheesman, Nick. "Thin Rule of Law or Un-Rule of Law in Myanmar?" Pacific Affairs 82, no. 4 (December 1, 2009): 597–613. http://dx.doi.org/10.5509/2009824597.

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Balasubramaniam, Ratna Rueban. "Has Rule by Law Killed The Rule of Law in Malaysia?" Oxford University Commonwealth Law Journal 8, no. 2 (December 2008): 211–35. http://dx.doi.org/10.1080/14729342.2008.11421497.

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Lingliang, Zeng. "International Rule of Law and Rule of Law Construction in China." Social Sciences in China 38, no. 3 (July 3, 2017): 140–56. http://dx.doi.org/10.1080/02529203.2017.1339463.

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Dickinson, Laura A. "The Rule of Law Under Siege, but Which Rule of Law?" Hague Journal on the Rule of Law 12, no. 1 (February 20, 2020): 195–204. http://dx.doi.org/10.1007/s40803-020-00135-1.

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Liu, Jianwen. "On the Concept of Governance and Rule of Law in the Strategy of Ruling the Country by Law." International Journal of Social Sciences and Humanities Invention 9, no. 05 (May 14, 2022): 7018–20. http://dx.doi.org/10.18535/ijsshi/v9i05.03.

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The key to the construction of a socialist country under the rule of law is to improve the socialist legal system; The key to realizing the modernization of governance ability is to unify the overall situation of socialist construction with law. The Governance View of the rule of law is of great significance to the practice of the rule of law in China. It is the rule of law basis for rebuilding social and political trust. It also provides an important theoretical tool for China's transformation to a democratic society and a society ruled by law. The Governance View of the rule of law also realizes the combination of the rule of man and the rule of law in the framework of modern system

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Stadnik, I. V., and A. A. Buravska. "RULE OF LAW UNDER MARTIAL LAW." Juridical scientific and electronic journal, no. 9 (2022): 69–73. http://dx.doi.org/10.32782/2524-0374/2022-9/15.

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Henley, Kenneth. "The Impersonal Rule of Law." Canadian Journal of Law & Jurisprudence 5, no. 2 (July 1992): 299–308. http://dx.doi.org/10.1017/s0841820900001430.

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The rule or supremacy of law is a political ideal requiring that the authority of the political community be exercised only within the confines of ordained structures, established procedures, and known legal rules and standards, creating reasonable expectations on the part of those subject to the law. Recent accounts of this ideal often include a list of principles or precepts of the rule of law. Lon Fuller’s list has been rightly influential: generality of law, promulgation, non-retroactivity, clarity, consistency of laws, not requiring the impossible, constancy of law through time, and congruence between official action and declared rule; these principles of the ‘internal morality of the law’ can conflict with each other, so that practical wisdom is required in balancing their demands.

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Subkhonov, Sherali Mukhammad Ugli. "Rule Of Law Is Becoming A Value." American Journal of Political Science Law and Criminology 03, no. 02 (February 28, 2021): 115–22. http://dx.doi.org/10.37547/tajpslc/volume03issue02-17.

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In the article, the rule of law is positioned as a universal principle of ensuring human rights, the main value of modern society. The history of formation, legal nature, the content of the rule of law as a principle, a legal phenomenon and a conceptual approach to modern human rights have been studied. Besides, the foreign experience of the implementation of the rule of law has been analyzed in the CIS countries, the European Council, the United States and researched mechanisms for ensuring the rule of law. The principle of the rule of law is presented as the only effective means of ensuring the inviolability of democracy, as well as one of its main features, and its provision and control is a guarantee of ensuring human rights to the extent that decent living conditions are created for every person.

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Day, William. "CONTRACTS, ILLEGALITY AND COMITY: RALLI BROS REVISITED." Cambridge Law Journal 79, no. 1 (March 2020): 64–90. http://dx.doi.org/10.1017/s0008197320000252.

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AbstractThere has always been considerable uncertainty about the nature and scope of the rule by which contractual performance is excused if illegal in the place of performance, even though performance would not be illegal by the contract's governing law. This article revisits the so-called “Ralli Bros rule” and looks at how the scope of the rule has been developed and its nature misunderstood. It argues that the rule is neither a choice of law rule nor part of the rules discharging a contract for frustration but is instead a public policy rule favouring judicial abstention for reasons of comity. This has implications for how the rule interacts with the choice of law rules for contracts under the Rome Convention and the Rome I Regulation.

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Sorayaii Azar, Hossein. "Rule of Law in Islam." International Journal of Multicultural and Multireligious Understanding 9, no. 3 (March 2, 2022): 45. http://dx.doi.org/10.18415/ijmmu.v9i3.3411.

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Public law notions seen from shari’a law perspective have not been duly discussed in Islamic countries. In the discourse of rule of law in Islam we are confronted with a dilemma, moral values of a religion are not compatible with the coercive legislative measures. Thus the authentic application of shari’a rules is feasible only if a scientific hermeneutic of shari’a law is adapted to the exigencies of today’s modern life, while the outlook on the boundaries of hermeneutic remains obscure. The first section of this article, introductory discourse, scrutinizes the fallacy of different theories on the notion of justice leading to the concept of “rule of law” in general. The second section focuses on the rule of law in Islam. Concluding ideas are presented in the final section, conclusion.

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Nardin, Terry. "International ethics and international law." Review of International Studies 18, no. 1 (January 1992): 19–30. http://dx.doi.org/10.1017/s0260210500118728.

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In this paper I am going to argue a familiar but still controversial thesis about the relation between international ethics and international law, which I would sum up in the following list of propositions:First, international law is a source as well as an object of ethical judgements. The idea of legality or the rule of law is an ethical one, and international law has ethical significance because it gives institutional expression to the rule of law in international relations.Secondly, international law—or, more precisely, the idea of the rule of law in international relations—reflects a rule-oriented rather than outcome-oriented ethic of international affairs. By insisting on the priority of rules over outcomes, this ethic rejects consequentialism in all its forms.

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Efendi, Aan, and Sudarsono Sudarsono. "The Procedural Law of State Administrative Courts As The Rule of Adjudication: Exploring Hart’s Theory." Arena Hukum 17, no. 1 (April 2, 2024): 190–209. http://dx.doi.org/10.21776/ub.arenahukum.2024.01701.11.

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In Hart’s theory, law is a combination of two types of rules: primary and secondary. Primary rules regulate the behavior of individuals or institutions, while secondary rules relate to primary rules, including the rule of recognition to identify the primary rules, the rule of change to modify primary rules, and the rule of adjudication to address violations of primary rules. The law of administrative procedure is an adjudication regulation that resolves violations of primary rules governing the behavior of government organs in administering government. Using a doctrinal legal method, this study explores two problems: the rule of adjudication in Hart’s theory and the procedural law of administrative courts understood as the rule of adjudication according to Hart’s theory. The study results reveal that, first, in Hart’s theory, the rule of adjudication does not stand alone but is, instead, attached to the primary rules, which function to identify violations, adjudicate, and provide punishment or compensation for violations of the primary rules; second, based on Hart’s theory, the procedural law of administrative courts serves as a rule of adjudication for the adjudication process dealing with violations of primary regulations regarding the obligations of government organs in administering government which must be guided by legislation and the general principles of good governance.

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Chiao, Vincent. "HYPERLEXIS AND THE RULE OF LAW." Legal Theory 27, no. 2 (June 2021): 126–48. http://dx.doi.org/10.1017/s1352325221000094.

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AbstractOn a popular understanding, the rule of law is valuable because it enables people to plan their lives. However, planning conceptions of the rule of law are undermined by the sheer quantity of legal rules, regulations, and policies characteristic of modern administrative states. Under conditions of hyperlexis, people cannot reasonably be expected to reliably use the law as a guide to conduct. Rather than conclude that the rule of law is inimical to the administrative state, however, I defend an alternative conception of the rule of law. On what I term a contestatory conception, the rule of law requires an adequate opportunity to challenge decisions made by officials in the exercise of their legal powers. The animating idea of a contestatory conception of the rule of the law is that officials should relate to citizens in the space of reasons rather than merely through the exercise of power.

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Atwal, Manvi. "RULE OF LAW AND DEMOCRACY." International Journal of Education Humanities and Social Science 06, no. 01 (2023): 259–63. http://dx.doi.org/10.54922/ijehss.2023.0489.

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The concept of the Rule of Law, which describes how states are governed, has been around for millennia. Rule of Law entails that all institutions, including the government, must uphold the supremacy of the law as opposed to Rule by Law, which places the government above the law and uses the law to govern. One of the goals of this study is to show that the rule of law is essential to democracy and that solely caring about the rule of law during elections is insufficient to maintain democracy. The study aims to establish that the principles of democracy are strongly related to the Rule of Law. In addition to this, it establishes how philosophers from time to time have reiterated how the law is above the king. This study has also compared the modern concept of rule of law to the traditional theory and bursts the misconception that Parliament Sovereignty is above the Rule of Law. The paper also mentions a few landmark judgements which have set a great impact on society and have helped in limiting the powers of government. In India, no organization may assert ultimate authority. Parliament is sovereign to the extent that it enacts laws in accordance with clearly defined constitutional processes and according to procedural guidelines established by Parliament and state legislatures. The Constitution may only be amended by Parliament, subject to the procedural rules outlined in the document and the Supreme Court's interpretation of the law. But the ability to change the Constitution's fundamental provisions is not included in that power.

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Lane, Jan Erik. "RULE OF/BY LAW." International Journal of Business Management and Economic Review 04, no. 02 (2021): 157–61. http://dx.doi.org/10.35409/ijbmer.2021.3248.

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Lane, Jan-Erik. "Rule of Law Today." Economics, Law and Policy 4, no. 1 (January 8, 2021): p1. http://dx.doi.org/10.22158/elp.v4n1p1.

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Witnessing the actual Trump presidency, one searches for conceptual tools to document US decline. The World Justice Project (WJP) comes to mind, attempting to measure Rule of Law (RL) comparatively. The WJP presents interesting findings for 2017-2020. Canada ranks higher than USA. Venezuela is bottom 128 country. Rationale of rule of law?

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Lane, Jan-Erik. "Rule of Law Today." Economics, Law and Policy 4, no. 1 (January 8, 2021): p1. http://dx.doi.org/10.22158/elp.v4n1p1.

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Witnessing the actual Trump presidency, one searches for conceptual tools to document US decline. The World Justice Project (WJP) comes to mind, attempting to measure Rule of Law (RL) comparatively. The WJP presents interesting findings for 2017-2020. Canada ranks higher than USA. Venezuela is bottom 128 country. Rationale of rule of law?

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Lane, Jan Erik. "Rule of/by Law." Advances in Politics and Economics 4, no. 2 (April 6, 2021): p17. http://dx.doi.org/10.22158/ape.v4n2p17.

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One can go the World Justice Project (WJP) to find a valuable set of data on roughly 130 states, constructed from experts’ ranking. A large number of country and international experts have given scores between 0 and 1 of state performance on a set of aspects or manifest variables much discussed. The WJP measures 8 or 9 state properties, which will be reduced to two latent variables here.

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Deinhammer, Robert. "The Rule of Law." Obnovljeni život 74, no. 1 (January 19, 2019): 33–44. http://dx.doi.org/10.31337/oz.74.1.3.

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U članku autor govori o važnosti uloge vladavine prava kao ideal političkog morala te opisuje vrline i granice vladavine prava. Središnja je teza da je vladavina prava vrlo važna za moralni legitimitet političkog sustava, kao i za otvoreno društvo, u popperijnskom smislu. Međutim, njegove granice općenito su nalik na granice pozitivnog prava. Konačno, vrline vladavine prava ovise o moralnim vrlinama ljudi i o moralnim kvalitetama pozitivnog prava. U tom smislu, korisnost vladavine prava u konačnici ovisi o prirodnom moralnom pravu i o njegovu ostvarenju u ljudskim zbivanjima.

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Cheesman, Nick. "Rule-of-Law Ethnography." Annual Review of Law and Social Science 14, no. 1 (October 13, 2018): 167–84. http://dx.doi.org/10.1146/annurev-lawsocsci-101317-030900.

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This review outlines an emerging agenda for ethnographic interpretation of the rule of law. From a survey of studies done on the rule of law in Africa, Asia, Europe, and the Americas, the review identifies four general characteristics of this mode of inquiry, namely, that it is located, relational, and comparative and has extrinsic value. It offers three nonexhaustive reasons for interpreting the rule of law ethnographically, which are as a counterhegemonic practice, in response to counterintuitive observations, and as a means to do constitutive theorizing. Contending that ethnographic work on the rule of law involves some kind of stance toward both research subjects and object of inquiry, the review advocates for the exercise of passionate humility: a conviction about the rule of law tempered by willingness to be proven wrong through inquiries in critical proximity with socially and politically mediated facts. Rule-of-law ethnography's possibility lies in its attending to the relationship between what is claimed in the rule of law's name and what is realized, not to make the idea look foolish, but to show how it emerges and why it persists through struggle.

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Bingham, Lord. "THE RULE OF LAW." Cambridge Law Journal 66, no. 1 (March 2007): 67–85. http://dx.doi.org/10.1017/s0008197307000037.

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Ohnesorge, John K. M. "The Rule of Law." Annual Review of Law and Social Science 3, no. 1 (December 2007): 99–114. http://dx.doi.org/10.1146/annurev.lawsocsci.3.011207.080748.

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Moffat, Robin. "The Rule of Law." Medico-Legal Journal 79, no. 1 (March 2011): 31. http://dx.doi.org/10.1258/mlj.2011.011005.

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Stevens, Irving. "“THE RULE OF LAW”." Denning Law Journal 23, no. 1 (November 26, 2012): 242–48. http://dx.doi.org/10.5750/dlj.v23i1.374.

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Tom Bingham (Allen Lane, London 2010) 224 pp ISBN 978-1846140907Writing this piece, in the aftermath of the worst civil unrest to have afflicted our major cities in a generation, I am struck by how infrequently “the rule of law” has been invoked by those who have spoken out in condemnation of the violence. In that respect, the riots of 2011 stand in marked contrast to those of 1985 and 1990, following the miners’ strike and the introduction of the controversial “poll tax” respectively, when politicians (for whom, evidently, the term was little more than a synonym for “law and order”) seemed to be falling over each other to assert that “the rule of law must prevail”.

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Baldwin, Fletcher N., and Theresa A. DiPerna. "The rule of law." Journal of Financial Crime 14, no. 4 (October 16, 2007): 405–37. http://dx.doi.org/10.1108/13590790710828145.

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DORANTES, Roberto Parra. "ORIGINALISM, RULE OF LAW AND HUMAN RIGHTS." International Journal of Theology, Philosophy and Science 4, no. 6 (May 25, 2020): 43–53. http://dx.doi.org/10.26520/ijtps.2020.4.6.43-53.

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Godha, Atisha. "The Rule of Law Concept and Explanation." International Journal of Trend in Scientific Research and Development Volume-2, Issue-5 (August 31, 2018): 931–34. http://dx.doi.org/10.31142/ijtsrd17002.

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Journal articles on the topic 'Rule of law'

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