against the rule of law

... contemporaneous understanding of the nature of legal interpretation These changes can be aptly described by the sub-title: “from the Rule of the King to the Rule of Law”, which depicts the transitionfrom ... 2002.From 2003, director of the Institute of the History of Modern Private Law at the University of Cologne Fields of study: history of private law in themodern age, history of jurisprudence, contemporary ... sovereign remained at the top ofthe hierarchy; at the apex of the pyramid Consequently, the judiciary’s function of interpreting the law became apart of the executive branch The judiciary was not

Ngày tải lên: 13/10/2016, 11:29

... threat: Thespread of instrumental thinking about law harbors the potential to damage the rule of law An instrumental view of law and the rule of law ideal are two fundamentalpillars of the U.S ... constituted the very way of life of the community, the byways and folkways of the people Law was “‘the law of one’s fathers,’ the preexisting, objective, legalsituation ”2As such, the content of customary ... that the decisions of courts constitutelaws They are, at most, only evidence of what the laws are, and are not, of them-selves, laws.”11The “true interpretation and effect” of commercial laws

Ngày tải lên: 13/10/2016, 11:31

... CHAPTER I The Crisis of the Common Law 1 THE FRAGMENTATION OF THE COMMON-LAW TRADITION The modern evolution of Anglo-American law consists in manifold expressions of a single theme This theme is ... this or that cause.B Ł Ś The modern collapse of law's autonomy is the outcome not only of the crisis of the individualist paradigm of law but also of the failure of the communitarianB K Ś one ... which they disagree Nor is there a rule of law in the sense of a universal norm valid for all persons If the common law is simply the record of ideological battles won and lost, then it embodies the

Ngày tải lên: 13/10/2016, 11:56

... 1Twenty-ninth SeriesTHE EUROPEAN COMMUNITIES AND THE RULE OF LAW Lord Mackenzie Stuart STEVENS Trang 2COMMUNITIES AND THE RULE OF LAWby LORD MACKENZIE STUART Judge of the Court of Justice of the European ... under the Lawby The Rt Hon Lord Denning 1950 The Inheritance of the Common Law by Richard O'Sullivan, Esq 1951 The Rational Strength of English Law by Professor F H Lawson 1952 English Law and the ... administration of the Trust.Paragraph 3 of the Scheme is as follows: " The object of the charity is the furtherance bylectures or otherwise among the Common People of theUnited Kingdom of Great

Ngày tải lên: 03/08/2017, 10:06

... aspects, is what marks the divide between therule of law and the rule of men.Because of the constraints on the length of each volume in the ductions to Philosophy and Law series, I have had to ... Although most of theprincipal facets of objectivity overlap, and although each of them is fullycompatible with the others, none of them is completely reducible to any of the others Three of them are ... aspects or dimensions ofobjectivity, and thenext chapterwill then differentiate between the rule of law as a morally neutral mode of governance and the Rule of Law as a moral ideal Thefinal chapterwill

Ngày tải lên: 30/03/2020, 19:47

... In theory, human rights and the rule of law have a mutual close connection The purpose of the development of the rule of law is to ensure the fairness of laws and prevent abuse of power by the ... component in the judiciary 1 Assurance of the rule of law via control of state powers – role of courts Theoretically speaking, assurance of the rule of law via control of powers is one of the essential ... justice The founder of the rule of law theory, A.V Dicey points out that one of two pillars of the rule of law, is that anyone, including the state, is subject to court adjudication3 The symbol

Ngày tải lên: 27/01/2021, 04:38

... further enhances the rule of law in the Vietnamese judiciary 2 New aspects of approach 2.1 The move from The Rule by Law to The Rule of Law and the law supremacy Since ancient time in the West as ... law that acts as a foundation to establish the necessities for the rule of law Each model of the Rule of Law contains the basic elements of the rule of law regime and its specialities Researchers ... legalisation They are all the characteristics of the legacy which carry the core values of the rule of law In the current context of Vietnam, the key elements of a rule of law can only be established

Ngày tải lên: 09/02/2021, 14:16

... Maine, came to view the MOA as the precise opposite: as a law thatwas the preeminent signifier of the prevailing legalism of British colonial rule and itsdevotion to the rule of law However, with ... by the end of the nineteenth century, ‘the rule of law had become a de facto bywordfor the justification of British rule,’ and was considered to be the ‘supreme gift imparted byimperial rule.’24 ... term in office coincided with the drafting and enactment of the MOA, wascertainly sympathetic to the opponents of codification As one of the architects of the so-called ‘Punjab school,’28 Lawrence

Ngày tải lên: 20/10/2022, 08:45

... “the Rule of Law” implies a “rule-of-law society” rather than a rule-of-law State (rule-of-law State or law-based State) In the current context, Vietnam shall build a rule-of-law society in the ... in comparison with the viewpoint of the Rule-of-law State in Vietnam To our understanding, “the Rule of Law” and rule-of-law State are not completely identical in terms of their origin and interpretation, ... trong tác phẩm Introduction to the Study of the Law of the Constitution (Nhập môn Nghiên cứu luật hiến pháp, 1885) Theo Dicey, The Rule of Law (hay Supremacy of Law) và quyền tối cao của Nghị

Ngày tải lên: 05/12/2022, 20:08

... exceptional situation of public danger It covers state of emergency, of siege, of prevention of internal war, of alert, of suspension of guarantees, of special powers, of martial law and others See Chowdhury ... 1Keywords: the Constitution of Japan, emergency powers, Japan, COVID-19, the rule of law 1 INTRODUCTION In 2020, many countries around the world, irrespective of whether their form of governance ... and then extended it to the nation as a whole on 16 April The duration of the state of emergency was initially until 6 May but was extended until the end of May.’ What is the legal basis of the

Ngày tải lên: 29/08/2024, 20:50

... Foundation of Law on Religion3.2, The process of perfecting the Law on Religion3.3, Rule of law on religion - A success of political reform in VietnamTHE RULE OF LAW ON RELIGION IN VIETNAM: THEHo ... those of power Since the late 1990s, the view of PCV has always affirmed that the socialist rule of law state in Vietnam is a state of the people, by the people, and for the people In which the ... for researchers in the social sciences, law, and religion Even though the concept of the Rule of Law State, which is understood as the management of society by law It covers the government to

Ngày tải lên: 22/07/2024, 22:32

... law.’71But this law, or the rule of law, he seems to think is not transplantable to the security field because of the veil ofsecrecy the executive draws there There the law, or the rule of law, has ... Fuller preferred to put it, law is the product of a relation of reciprocity between ruler and ruled.55A corollary of the view of law as a product of a value-based, rule-of-law project is that no particular ... insistthat the context is set by the rule of law, unless the legislation explicitlyexcludes the rule of law from operating evi-‘If satisfied that’ does no more to exclude the rule of law from operatingthan

Ngày tải lên: 05/08/2014, 13:20

... to the rule of law than do judges like Thomaswho abdicate altogether their duty to uphold the rule of law They upholdthe form of the rule of law but not its substance, and that tactic allows thegovernment ... posed there, thus bringingthe themes of the whole into one coherent picture of the rule of law Trang 3The unity of public lawIntroduction In chapters1and3, I briefly discussed the decision of the ... law, with none of the substance of therule of law This aspect is demonstrated in Lord Hoffmann’s equation of human rights with the values of the common law constitution Theresult of this equation,

Ngày tải lên: 05/08/2014, 13:20

... ambiguity in the idea of the rule of lawbetween, on the one hand, the rule of law, understood as the rule ofsubstantive principles, and, on the other, rule by law, where as long asthere is a legal warrant ... or the executive, play the lead role The rule-of-law projectdoes not require allegiance to a rigid doctrine of the separation of powersin which judges are the exclusive guardians of the rule of ... legaltheory is not Rule by law and the rule of law are for Dicey two sidesof the same coin, which is why he claimed that the two features of theEnglish constitution are the sovereignty of Parliament

Ngày tải lên: 05/08/2014, 13:20

... Congress and the people the nature of the crisis—implies the continued constitutional status of both Congress and the presidency But once we suspend the Constitution, the status of the offices and ... Crises 27 nearly resemble the analogy to game playing In what sense can we think of the rules of chess as obligatory on the players? Unlike the rules of contract, the rules of chess are not legally ... evidence both of the binding and of the rules that bind.4 But in our efforts to interpret these rules, to apply the majestic generalities of constitutional language to the vagaries of everyday...

Ngày tải lên: 30/03/2014, 01:20

... Page of 43 Chapter 1: Introduction The World Bank’s ( the Bank’s”) “discovery” of the Rule of Law (ROL) and ROL reforms in the early 1990s is often held to be the result of a convergence of external ... Over the course of its brief life, the LDM attracted the interest of the best law departments in the country14, drawing funds and professional support from the likes of the Ford Foundation, the ... e) there are known procedures for amending the rules when they no longer serve their purpose.63 This was the definition of the ROL which coincided with the Bank’s “discovery” of the law in the...

Ngày tải lên: 22/03/2014, 21:20

... aspects of their experience and selves from others; Merry explains that the construction of some kinds of identity and effacing of others is a fundamental aspect of the power of the law in the present ... aspects of the initial law school experience and of the change required of law students during their initiation into the legal arena The detailed discussions to follow provide more of the subtleties ... you, but the professor interrupts and gets very picky about who “they” are It turns out that the “they” who awarded the damages was the jury, but the “they” who reduced the damages was the judge...

Ngày tải lên: 10/12/2013, 13:15

... and the other laws At the same time, Sieyès’s theory reads as a chronological tale of the birth of the legal order The act of giving the constitution is the start, the origin of the legal order ... related to the principle of conferral in EU law. ’19 And a little further he connects that to the idea of the will of the law- maker or constituent power.’20 H.L.A Hart, The Concept of Law (2nd ... of the structures of the “Fund Tribunal” with the Treaty.’45 In Opinion 1/94 concerning the WTO, the ECJ refined the exclusivity of the EC’s external competence The Court held that the case of...

Ngày tải lên: 18/02/2014, 11:20

... to rule by or through law The claim that rule by law presupposes the rule of law is controversial For example, the central theme of a recent collection of essays on democracy and the rule of law ... governed by the rule of law My conception of the rule of law is substantive: the rule of law is a rule of fundamental constitutional principles which protect individuals from arbitrary action by the ... that the idea of overridable constraints affords a new perspective on the rule of law, one which shows that the operation of the rule of law is not confined to limiting public power The rule of law...

Ngày tải lên: 07/03/2014, 02:20

... president of India The Ashoka’s wheel represents to us the wheel of the Law, the wheel of the Dharma Truth can be gained only by the pursuit of the path of Dharma, by the practise of virtue ... man has the unique capability of determining all actions by means of the Law of Dharma.” 13 Thapur 1997, 163 Thapur writes of the institution of the dhamma-mahamattas, a special cadre of officials ... that the existence of slavery demanded the invocation of the guarantee provision to reverse the antirepublican policies of the slaveholding states were defeated on the basis of the same sort of...

Ngày tải lên: 16/03/2014, 03:20