the rule of law
CONSTITUTIONS IN CRISIS Political Violence and the Rule of Law pptx
... 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...
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THE WORLD BANK & RULE OF LAW REFORMS: GORDON BARRON doc
... 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...
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Tài liệu The Language of Law School doc
... 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...
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Tài liệu The Passivity of Law doc
... 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...
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THE CONSTITUTION OF LAW Legality in a Time of Emergency potx
... 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...
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THE CONSTITUTION OF LAW Legality in a Time of Emergency docx
... 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...
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The Wheel of Law pdf
... 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...
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Legal English: How to understand and master the language of law pptx
... the sphere of activities and nature of the company) I The company’s share capital I Articles of Association The Articles of Association (the articles) are in effect a set of rules governing the ... the conduct of the members of the company and its of cers The of cers of a company are its directors and company secretary These rules commonly relate to matters such as the conduct of shareholder ... known as the promoter of the company) can be one of the directors, the company secretary or a solicitor engaged in the formation of the company Once completed, these company documents must then be...
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The Economics of Law potx
... explained is the bedrock of the Coase Theorem and the economics of law The Coase Theorem The Coase Theorem states that in the absence of transactions costs the legal position does not affect the efficiency ... statements of the rule cannot be made’.22 Thus, one of the principal activities of lawyers is to shift and categorise cases in order to distil the ‘rules’ of law It is this ‘murkiness’ of the common law ... would be the same whether the law held the rancher liable for the damages or not, provided that the parties could get together to bargain relatively cheaply The only impact of the law was on the relative...
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Lịch sử Rule of Law ppsx
... gia mà Anh có ảnh hưởng hay không ảnh hưởng có tiến trình quyền cách hành xử Rule of Law Sự tiến triển yếu Rule of Law Anh đồng thuận Vua John Magna Carta vào tháng năm 1215 Và chỉnh sửa hiến ... cụm từ Rule of Law chưa sử dụng bảng văn lịch sử bao gồm Hiến pháp Mỹ Giáo sư George P.Fletcher nói Không giống hiến pháp châu Âu điển hình, hiến pháp Mỹ không đề cập đến từ Rule of Law có ý ... chất thủ tục pháp lý bảo đảm chắn cho quyền công dân, xem gần với khái niệm Rule of Law Có cụm từ khác gần với Rule of Law đến từ ngôn ngữ khác, Đức có Rechtsstaat, Pháp có Etat de droit Trong...
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THE CONSTITUTION OF LAW Part 1 ppt
... 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...
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THE CONSTITUTION OF LAW Part 2 docx
... ‘Taking the administrative state seriously’, focuses on the role of the executive in maintaining the rule of law Chapter 4, The unity of public law , weaves the threads of the entire argument of the ... exceptional situations from the law, the situations are governed by law, which is to say, by the rule of law This last explanation equates the rule of law with rule by law, whereas the explanations that ... practice they tend to boil down to two: either judges are in dereliction of their duty to uphold the rule of law or, on the contrary, they are doing precisely what their duty to uphold the rule of law...
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THE CONSTITUTION OF LAW Part 3 docx
... that there is clear legislative authorization for of cials; what they in the name of the law must also comply with the rule of law Rule by law and the rule of law are for Dicey two sides of the ... of the rule of law will one think that there is a point on a continuum where rule by law ceases to be in accordance with the rule of law Ackerman’s argument about rule by law, by the law of the ... understood as the rule by the commands of the uncommanded commander For these sceptics, the slogan the rule of law rather than the rule of men’ is the slogan of those who want rule by judges.156...
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THE CONSTITUTION OF LAW Part 4 ppsx
... regarding these as the essential elements of their reasoning, they weaken their reasoning and undermine the rule of law The real basis of their reasoning is not the text but the values for which they ... of law and the rule of law. 3 These judges are committed by their understanding of the doctrine of legislative supremacy to applying the law enacted by their legislatures in a manner true to the ... follows that whether and to what extent the rule of law controls either the legislature or the executive depends on the contingencies of history, in the case of the legislature whether there exists...
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THE CONSTITUTION OF LAW Part 5 docx
... the text of the statute – and intention against intention, that is the intention of the founders of the constitution against the intention of the legislature The text offers them the luxury of ... will reside in the federal entity and which in the others It also requires that the drafters of the constitution put their minds to the question of the unity of the legal order – the extent to ... to confront the reality of the political But there are points where even constitutional positivism finds that rule by statute law puts of cials so far beyond the reach of the rule of law that judges...
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THE CONSTITUTION OF LAW Part 6 pptx
... accordance with the boundaries imposed in the statute, the principles of the rule of law, the principles of administrative law, the fundamental values of Canadian society, and the principles of the Charter’.38 ... doctrine of the separation of powers requires, the result will be that the rule of law disintegrates For on that understanding, of cials may as they like, they are a law unto themselves, as long as they ... Constitution and the Rule of Law Baker, at 851 maintaining the rule of law 139 dignity of the individual if her fate (literally meant) depends on the luck of the draw of executive of cials.37 Consequently,...
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THE CONSTITUTION OF LAW Part 7 ppt
... called the law. ’71 But this law, or the rule of law, he seems to think is not transplantable to the security field because of the veil of secrecy the executive draws there There the law, or the rule ... Fuller preferred to put it, law is the product of a relation of reciprocity between ruler and ruled.55 A corollary of the view of law as a product of a value-based, rule- of- law project is that no ... insist that the context is set by the rule of law, unless the legislation explicitly excludes the rule of law from operating ‘If satisfied that’ does no more to exclude the rule of law from operating...
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THE CONSTITUTION OF LAW Part 8 pptx
... that the common law fails to be part of the law of the land because statutes may override the common law, so one should reject the claim that international law is not part of the law of the land ... law, with none of the substance of the rule of law This aspect is demonstrated in Lord Hoffmann’s equation of human rights with the values of the common law constitution The result of this equation, ... prepared to equate the rule of law with rule by law They are willing to hold that government is in accordance with the rule of law, even when the principles of the common law constitution are...
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THE CONSTITUTION OF LAW Part 9 pdf
... of the rule of law of the last thirty years is Joseph Raz’s The Rule of Law and Its Virtue’.105 Raz argues that the virtue of the rule of law is like the virtue of a knife.106 The virtue of ... ambiguity in the idea of the rule of law between, on the one hand, the rule of law, understood as the rule of substantive principles, and, on the other, rule by law, where as long as there is a ... study of the constitution of law and the role of the rule of law within that constitution by sketching its implications for philosophy of law The rule of good law The most influential discussion of...
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THE CONSTITUTION OF LAW Part 10 docx
... places them on the continuum is the level of their commitment to the constitutional project of realizing the values of the rule of law The further along the continuum a legal order is, the better ... elements of a rule- of- law regime The logic of rule by law requires elements of the rule of law, for example, review by independent, judge-like of cials of the decisions of public of cials in 125 See ... what I called in chapter the moral resources of the rule of law I have also argued that even judges who not lose their rule- of- law spine need allies For the rule of law to approach its ideals,...
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