Search results for "RULE OF LAW"
showing 10 items of 89 documents
The European Union vs. the Government in Warsaw. The political debate around the possibility of applying Article 7 of the European Union Treaty again…
2018
Both the assumptions behind the reform of judiciary, the manner of its introducing and also other elements that influence the current perception of rule of law in Poland have recently become a topic of three plenary debates of the European Parliament. As a result, it was decided that a report on Poland would be prepared, which can offer the basis of applying Article 7, which means disciplining and punishing states that violate the European values. This has exacerbated the political atmosphere in Poland and, first of all, has affected the political debate going on in the country. It is starting to take a more and more brutal form and is characterized by a heavy load of colloquialism, negativ…
Una lezione di metodo
2022
Il contributo offre uno scandaglio della tesi di laurea di Francesca Morvillo su “Stato di diritto e misure di prevenzione”: l’elaborato, discusso il 26 giugno 1967 (Francesca Morvillo ha 21 anni), evidenzia già doti ricostruttive rimarchevoli e una finissima sensibilità per i profili di metodo. Lo snodo cardine dell’elaborato, che ricostruisce la natura giurisdizionale e non già amministrativa delle misure di prevenzione, tesse il concetto di Stato di diritto imperniandolo sul primato della persona umana: l’accento logico della nozione di Rechtsstaat, così come modellata da Francesca Morvillo sulle orme del dibattito tedesco, non riposa, dunque, nella divisione dei poteri e nel semplice as…
Estado de derecho y práctica de los derechos humanos
2016
This article is divided in two parts. In the first one it faces the concepts of (and relationship between) the rule of law and human rights. In the second one, this topic will be analyzed from the point of view of the evolution of law, what implies also the evolution of the rule of law. In the first part, the aim is to show that rule of law and human rights are two different but complementary practices, both able to realize different aspects of justice, both necessary for the success of law. The rule of law regards the way of decision making for coordination; human rights aim for the protection of fundamental interests of human beings. In different points these two practices interact, but i…
La problématique de l'Etat de droit en Afrique de l'ouest : analyse comparée de la situation de la Côte d'Ivoire, de la Mauritanie, du Libéria et de …
2009
The question of the Rule of law arises more and more with much acuity in Africa in general and in West Africa in particular. The observable deficit of Rule of law in certain countries of this region is one of the root causes of belligerence and crisis with dramatic consequences: violation of Human rights, desinstitutionalization, refusal of democratic alternation, impunity, poverty, insecurity, etc…Côte d’Ivoire, Mauritania, Liberia, and Sierra Leone are not immune to this. These countries are characterized by particular situations in the light of the crisis they encounter and have encountered, as well as common issues in the long and difficult quest for the establishment of the Rule of Law…
Corporate Governance in Scandinavia
2008
This article addresses the role of formal institutions and informal networks on corporate governance practices. The existing corporate governance literature has mostly examined the formal institutions, such as the effect of legal systems. Our contribution is to consider the effect of informal “small world” characteristics of ownership and board networks. We use the case of Scandinavia (Denmark, Norway and Sweden) to examine these effects. Our empirical results reveal large differences in formal board and ownership structures between the Scandinavian countries, but strong similarities in terms of law enforcement, political stability, government effectiveness, rule of law, control of corrupti…
Radbruch´s Introduction to the Science of Law as the Spirit of a Time
2021
En este artículo comparo la primera y última edición de la Introducción de la ciencia del derecho de Gustav Radbruch. Me centro en aquellos aspectos que bosquejan su concepto de derecho, a saber, la relación entre derecho y moral, su modelo de Estado y la creación judicial del derecho. El resultado está determinado por la circunstancia vital e histórica de las dos ediciones: la primera publicada antes de la IGM, siendo Radbruch un joven docente en Heidelberg; la última fue redactada ya en la República de Weimar, habiendo ocupado la cartera de Justicia y siendo un reconocido jurista.
Human Rights in China, Domestic Resources, Domestic Resistances. Law, Market and Culture in the Chinese Human Rights Discourse.
2015
The Understanding of Human Rights and Rule of Law from the Perspective of Kohlberg’s Theory
2015
Human rights, democracy and the rule of law are considered to be the foundations of the normative order of modern societies (Habermas, 1996). Even though the universal validity of human rights is often criticized, they represent an ethical minimum consensus of the global society as conventions on human rights have been ratified by more than 150 states.
Liquidity Synchronization, Its Determinants and Outcomes under Economic Growth Volatility: Evidence from Emerging Asian Economies
2021
This study investigates the country-level determinants of liquidity synchronization and degrees of liquidity synchronization during economic growth volatility. As a non-diversifiable risk factor, liquidity co-movement shock spreads market-wide and thus disrupts the overall functioning of the financial market. Firms in Asian markets operate in legal and regulatory environments distinct from those of firms analyzed in the previous literature. Comprehensive analyses of liquidity synchronicity in emerging markets are limited. A major knowledge gap pertaining to Asian emerging markets serves as the primary motivation for this study. Seven Asian emerging economies are selected from the MSCI emerg…
Alcune riflessioni sull’indipendenza giudiziaria nel contesto europeo
2023
This article aims to provide some reflections on the links between judiciary independence, the rule of law, and the role of judges both national and European. First of all, it focuses on the evolution of the role of the judge in the constitutional and European systems. Then, it shows how the European Court of Justice and the European Court of Human Rights have developed criteria to ensure the independence of judges, analysing them. Moreover, it examines the criteria that have been developed by the European courts and by the opinions of the Consultative Council of European Judges about the independence of the Judiciary Councils.