Search results for "Rule of Law"
showing 10 items of 89 documents
Mass data gathering and surveillance: the fight against facial recognition technology in the globalized world
2020
The growing use of facial recognition technologies has put them under the regulatory spotlight all around the world. The EU considers to regulate facial regulation technologies as a part of initiative of creating ethical and legal framework for trustworthy artificial intelligence. These technologies are attracting attention of the EU data protection authorities, e.g. in Sweden and the UK. In May, San Francisco was the first city in the US to ban police and other government agencies from using facial recognition technology, soon followed by other US cities. The paper aims to analyze the impact of facial recognition technology on the fundamental rights and values as well as the development of…
Right Restriction or Restricting Rights? The UK Acts to Address COVID-19
2020
The UK was initially slow to adopt measures to address the COVID-19 pandemic. However on 23 March 2020 and following escalating infection and mortality rates, the government introduced the most restrictive measures on movement in modern UK history. These lockdown measures which introduced sweeping limitation on movement outside the home were introduced through statutory legislation: regulations which were made by the government and not debated nor legislated by Parliament. This article considers the issues the UK?s legal responses to address the COVID-19 raises in terms of democracy, human rights and the rule of law
¿El Estado de Derecho en peligro? El juez constitucional contra la Constitución y a favor de la reelección presidencial indefinida : caso Bolivia
2021
In Bolivia, the third term and the habilitation of former President Evo Morales to the 2019 presidential elections was allowed with the acquiescence of the Plurinational Constitutional Court. Despite the fact that the Constitution prohibited it and there was a referendum that rejected indefinite presidential re-election. This occurred through the judicialization of politics that produced a non-formal reform of the Constitution producing a case of abusive constitutionalism and the destabilization of the rule of law.
Zasada praworządności wyznacznikiem kontroli działań administracji publicznej realizowanej przez prokuratora w ramach postępowania administracyjnego
2018
Opus iustitiae PAX – the properly shaped dimension of justice is a guarantee of peaceful – not based on a conflict and violence – relations between citizens and the state. These words fully reflect the leading thought of this study. It is the concern for a good law and a state governed by the rule of law, which lies at the foundation of actions taken within the scope of legal means by the Prosecutor’s Office that – as the “custodian of law” – is entitled to in the sphere of control over administration. Administrative courts execute justice as a separate part of judicial power. Justice and law are conditions for an effective state, good governance and social peace, which have accompanied us …
Immigration Detention and Rule of Law in Italy
2013
Immigration detention challenges the principles of Rule of Law. Illustrating Italian law, case-law and legal practice on Administrative Detention, this research paper contributes to the discussion on common European guiding principles, called 'safeguarding principles' in the context of a funded research project led by researchers of the British Institute of International and Comparative Law
Foreign Direct Investment in oil-abundant countries: The role of institutions
2019
The present work reassesses the impact of good governance and democracy on Foreign Direct Investment (FDI) in oil-abundant countries. To this end, we estimate the effect of host countries’ institutions on greenfield FDI, using a gravity equation for a dataset that covers 182 countries during 2003-2012. Our findings confirm that compliance to rule of law, lack of corruption, political stability and democracy could boost new FDI links through the extensive margin. Our results could not rule out the “oil curse”, meaning that oil producers attract fewer new greenfield projects than similar countries without oil. Unlike other studies, we show that the impact of institutions is not necessarily un…
The legal balance between liberty and equality
2021
The paper explores the specific legal balance between liberty and equality, distinguishing it from political theories and constitutional settings, where they are often considered in opposition. In order to find the specific legal balance between liberty and equality, and after identifying some of their relevant meanings for the purpose, it becomes necessary to focus on the rule of law, and to examine the relationship between liberty and equality in its different versions. Once the core meaning of the rule of law in terms of liberty and equality is enucleated, it is possible to consider extending it to the international field.
L’autonomia di spesa delle Regioni fra Stato ed Unione europea dalla l. cost. 3/2001 alle condizionalità europee sulla ripresa e la resilienza
2021
L'articolo ricostruisce la tendenza all’accentramento nel governo delle finanze pubbliche e l’eccessiva distanza fra testo costituzionale e diritto costituzionale vivente per analizzare l'attuazione del Recovery Plan (PNRR) rilevando un ulteriore tendenza all’accentramento del governo della spesa. Si indagano dunque le ragioni della compressione dell’autonomia finanziaria di spesa per effetto del principio di indifferenza e del “doppio intreccio federale”. Si mira a inquadrare il tema alla luce della leale collaborazione e dellala resilienza istituzionale per accorciare la “distanza” fra testo costituzionale ed attuazione costituzionale in tema di autonomia di spesa delle Regioni. Si prospe…
Sviluppo economico e diritti umani in Cina
2010
Law, Borders, and Speech Conference: Proceedings and Materials
2017
Tensions between national law and the Internet’s global architecture have existed since the network’s earliest days. They took on new urgency in recent years, with developments like French regulators’ efforts to globally enforce “Right to Be Forgotten” laws. New cases, technologies, and platform responses seem to come along every few months. Expert-level discussion of these issues is dynamic and fast-moving -- but the written literature is only starting to catch up. This volume contributes to that literature by capturing insights from the Stanford Center for Internet and Society’s Law, Borders, and Speech conference. The event honored the twentieth anniversary of David G. Post and David R. …