Relevant bibliographies by topics / Democratic state governed by the rule of law

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
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  6. Reports

Academic literature on the topic 'Democratic state governed by the rule of law'

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Published: 26 July 2021
Last updated: 1 February 2022

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Journal articles on the topic "Democratic state governed by the rule of law"

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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 apprehensio
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Akhrarov, B. D., and Sh X. Alirizaev. "Uzbek Laws Provide Responsibility For Violation Of Democratic Election Principles." American Journal of Political Science Law and Criminology 3, no. 05 (2021): 72–78. http://dx.doi.org/10.37547/tajpslc/volume03issue05-12.

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Building a democratic state governed by the rule of law and a free civil society is unimaginable without elections. After all, in the election process, the diversity of opinions in society, the will, aspirations, social moods of the people are clearly reflected. Democratic elections, which reflect the diversity of views in society, the aspirations and aspirations of the people, must be legally protected. Liability for violation of the principles of democratic elections has been established. Building a democratic state governed by the rule of law and a free civil society is unimaginable without
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Chhetri, Than Bahadur. "Federal Democratic Republic of Nepal: An Assessment of the Rule of Law." Journal of Political Science 21 (February 26, 2021): 1–8. http://dx.doi.org/10.3126/jps.v21i0.35258.

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The Rule of law, a set of principles of governance, apply to all individuals, organizations and the government itself. Democracy is a political system governed by the rule of law. No rule of law means no democratic future. This paper aims to assess the state of the rule of law under the new political setup, taking the rule of law as dependent variable and fundamental rights, corruption, open parliament and independent judiciary as independent variables. To measure the rule of law, necessary information was collected from printed and online sources. A federal democratic republic can grow health
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민윤영. "Christian Social Participation as Civil Movement in Democratic State Governed by the Rule of Law." KOOKMIN LAW REVIEW 24, no. 2 (2011): 79–114. http://dx.doi.org/10.17251/legal.2011.24.2.79.

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Polvanov, Jaloliddin Ne'matjonovich. "THE IMPORTANCE OF PUBLIC CONTROL IN BUILDING A DEMOCRATIC STATE BASED ON THE RULE OF LAW AND THE FORMATION OF CIVIL SOCIETY AND IN THE MANAGEMENT OF SOCIETY." Oriental Journal of History, Politics and Law 01, no. 01 (2021): 4–8. http://dx.doi.org/10.37547/supsci-ojhpl-01-02.

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This article discusses the formation of views on a democratic state governed by the rule of law and civil society. The article also discusses the state guarantees and support for the protection of non-governmental organizations. In legal democracies, strong governance is largely the responsibility of civil society institutions. At the same time, the direct participation of the public in the implementation of governance will be expanded. A self-governing society is based on strong non-governmental structures.
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Harjevschi, Mariana, and Svetlana Andritchi. "The Legal System of the Republic of Moldova An Overview." International Journal of Legal Information 31, no. 1 (2003): 47–61. http://dx.doi.org/10.1017/s0731126500010313.

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The Republic of Moldova (www.moldova.md) is a sovereign, independent state, situated in southeastern Europe between Romania and Ukraine. The form of government of the country is the Republic. Governed by the rule of law, the Republic of Moldova is a democratic state in which the dignity of people, their rights and freedoms, the free development of human personality, justice and political pluralism represent supreme values, guaranteed by the Constitution's Article 1.
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Andreichenko, Lyudmila S. "LAW-GOVERNED STATE EVOLVEMENT THROUGH THE PRISM OF THE COURT PRACTICE." Oeconomia et Jus, no. 2 (June 25, 2021): 30–37. http://dx.doi.org/10.47026/2499-9636-2021-2-30-37.

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The article examines certain aspects in legal guarantees of the court special status as the main guarantor of the law-governed state and their impact on its activities. The author substantiates the thesis that the court and justice should be perceived as the foundation of civil society. Attention is focused on the fact that the formation of an independent and effective judicial system cannot take place without a direct and active role of the society. An important characteristic of the rule of law is the judicial system, which can act as an independent and impartial intermediary between the civ
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Kharel, Aswasthama Bhakta. "Facets of Democracy: An Overview." Molung Educational Frontier 9 (December 22, 2019): 15–29. http://dx.doi.org/10.3126/mef.v9i0.33581.

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Democracy allows the expression of political preferences of citizens in a state. It advocates the rule of law, constraints on executive’s power, and guarantees the provision of civil liberties. It also manages to ensure human rights and fundamental freedoms of people. In democracy, people are supposed to exercise their freely expressed will. Ordinary people hold the political power of the state and rule directly or through elected representatives inside a democratic form of government. Democracy is a participatory and liberal way of governing a country. Different countries in the world have be
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Ахметов, Арман, and Arman Ahmetov. "PROBLEMS OF FORMATION OF THE LEGAL CULTURE OF THE MODERN SOCIETY." Journal of Foreign Legislation and Comparative Law 3, no. 3 (2017): 18–22. http://dx.doi.org/10.12737/article_593fc3439943f8.88868960.

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This article analyzes the legal culture of the modern society. The aim of the paper is to select the values of the legal culture of the Republic of Kazakhstan during its development as a democratic state. Special attention is paid to the study of axiological aspects of the legal culture in the process of development of democratic state and formation of civil society. The scientific work was based on a scientific research of Kazakh and foreign authors on nature of law, legal culture, its values in the process of formation of civil society and a state governed by the rule of law. The author beli
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Lutsky, R. Р. "The influence of unofficial interpretation through public opinion on the formation of the idea of legality, justice and law." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 89–93. http://dx.doi.org/10.33663/2524-017x-2021-12-14.

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Relevance of the study is caused by the often usage of the term «legal state» at the modern stage of the development of our society. With this some authors refer to the desire to emphasize that declaring itself as sovereign and independent Ukraine become at the same time the legal state and the other authors want to prove that the construction of such state is a matter for the longer term. Due to the article 1 of Constitution of our state, Ukraine is a sovereign, independent, democratic, social, legal state. But the realities of today clearly demonstrate that it is only a declaration. Ukraine
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Dissertations / Theses on the topic "Democratic state governed by the rule of law"

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Bernard, Elise. "L'Etat en République de Serbie depuis 1990." Thesis, Paris 3, 2011. http://www.theses.fr/2011PA030194.

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Il existe, entre la Serbie et la France, une véritable communauté scientifique en ce qui concerne le droit public. En effet, depuis le XIXe siècle, si l’on se penche sur l’histoire, les publicistes serbes et français s’interrogent sur les mêmes problèmes relatifs à l’État et sa pérennité. Ceci n’a rien d’étonnant car la Serbie, comme la France, a sa place dans le cadre de l’espace européen contemporain et répond à ses modèles. Les concepts de droit public que nous connaissons, par rapport au cas étudié, sont de deux types : nous pouvons distinguer les concepts de processus, qui témoignent d’un
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Alves, Joaquim Dias. "A tutela constitucional da investigação criminal." Pontifícia Universidade Católica de São Paulo, 2016. https://tede2.pucsp.br/handle/handle/18819.

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Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2016-08-08T16:35:05Z No. of bitstreams: 1 Joaquim Dias Alves.pdf: 682605 bytes, checksum: a001ed4bedb586182168db96166028cd (MD5)<br>Made available in DSpace on 2016-08-08T16:35:05Z (GMT). No. of bitstreams: 1 Joaquim Dias Alves.pdf: 682605 bytes, checksum: a001ed4bedb586182168db96166028cd (MD5) Previous issue date: 2016-03-30<br>This work aims at studying the criminal prosecution, the application of constitutional principles of Democratic Rule-of-Law State and their effects on the constitutional legal system. In order to accomplish thi
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Lamanauskas, Milton Fernando. "A jurisprudência eleitoral e seus reflexos no Estado democrático de direito." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-08092011-102459/.

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A sociedade brasileira aguarda pacientemente e há anos uma real reforma que introduza a ética e a moral no meio político e faça valer a soberania de seu povo. De um lado, observa-se um Poder Legislativo com sérias dificuldades de quebrar sua inércia e cumprir o seu papel de concretizar a lei como expressão da vontade geral. De outro, um Poder Judiciário que busca suprir os anseios sociais dando efetividade aos direitos fundamentais colocados na Constituição Federal da República Brasileira de 1988. O presente estudo almeja analisar como o Estado brasileiro tem convivido com um intenso ativismo
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Barreto, Carlos Eduardo Gonzales. "A tutela penal da ordem tributária no estado democrático de direito." Pontifícia Universidade Católica de São Paulo, 2012. https://tede2.pucsp.br/handle/handle/5965.

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Made available in DSpace on 2016-04-26T20:21:13Z (GMT). No. of bitstreams: 1 Carlos Eduardo Gonzales Barreto.pdf: 756406 bytes, checksum: 4eb2872513cee7c67a2cffe9227dcd75 (MD5) Previous issue date: 2012-10-17<br>This master thesis has as purpose, given the current importance of tax collection in the national scenario, to analyze how this institute is tutored in Brazil by the criminal law and procedural criminal law. Thus, aiming at reaching this object, it was primarily performed a study of the history and characteristics of the Democratic Rule-Of-Law State, adopted in the Federal Constituti
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Campana, Eduardo Luiz Michelan. "A fundamentação constitucional da tutela penal da ordem econômica." Pontifícia Universidade Católica de São Paulo, 2011. https://tede2.pucsp.br/handle/handle/5533.

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Made available in DSpace on 2016-04-26T20:20:00Z (GMT). No. of bitstreams: 1 Eduardo Luiz Michelan Campana.pdf: 900128 bytes, checksum: 0df8dbf231d5bc63f908ba833e202d46 (MD5) Previous issue date: 2011-05-05<br>This dissertation analyzes the constitutional economic order as a value source of Criminal Law. The research starts by analyzing the impact on the criminal systems of the different conceptions of State, checking on the features of Criminal Law in a Democratic and Social Rule-of-Law State. Analyzing constitutional criminal principles and values, constitutional theories on the criminal-j
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Simões, Carlos Jorge Martins. "Os direitos sociais clássicos e universais: o estado social e o estado democrático de direito." Pontifícia Universidade Católica de São Paulo, 2012. https://tede2.pucsp.br/handle/handle/3413.

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Made available in DSpace on 2016-04-26T14:53:41Z (GMT). No. of bitstreams: 1 Carlos Jorge Martins Simoes.pdf: 962411 bytes, checksum: 87911f5c69b2002fab8c9a82f914f9e8 (MD5) Previous issue date: 2012-06-21<br>The democratic rule-of-law is a legal-political formation of a different nature of the welfare state. Its institution has not resulted from the reform of the rule-of-law and the welfare state, but its historical and logical-categorical synthesis. It presents unique distinctions and specifications, in which political density required the constitutionality of its own state formation. It or
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Roessing, Telma de Verçosa. "A execução penal alternativa no Brasil: paradigma de prevenção criminal e de proteção de direitos." Universidade Federal da Paraí­ba, 2011. http://tede.biblioteca.ufpb.br:8080/handle/tede/4353.

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Made available in DSpace on 2015-05-07T14:27:01Z (GMT). No. of bitstreams: 1 arquivototal.pdf: 1001202 bytes, checksum: 50531aa6fa8b88dc8e209c37d771d3a5 (MD5) Previous issue date: 2011-05-12<br>Coordenação de Aperfeiçoamento de Pessoal de Nível Superior<br>This master s dissertation aims to investigate how alternative sanctions are enforce in Brazil in order to identify if this practice constitutes a model for preventing criminal recurrence and protecting the fundamental rights of persons who have been sanctioned due to low and medium gravity crimes. The research starts by analyzing the Stat
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Passos, Jaceguara Dantas da Silva. "Mandados de criminalização decorrentes de tratados de direitos humanos." Pontifícia Universidade Católica de São Paulo, 2011. https://tede2.pucsp.br/handle/handle/5672.

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Made available in DSpace on 2016-04-26T20:20:27Z (GMT). No. of bitstreams: 1 Jaceguara Dantas da Silva Passos.pdf: 1477090 bytes, checksum: a9e36828ecf51c8bcbfbcf0ddc0d983a (MD5) Previous issue date: 2011-10-03<br>The purpose of this study was to discuss the adherence of the Brazilian State to Human Rights treaties, the ensuing Criminalization Legal Precepts, and the corresponding legal consequences. As a signatory of a Human Rights Treaty, the Brazilian State is ruled through a legal system in line with the dictates of the Federal Constitution of 1988, whether or not said dictates are endor
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Almeida, Fernanda Leao de. "A garantia institucional do Ministério Público em função da proteção dos direitos humanos." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2139/tde-26012011-151013/.

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Esta tese volta-se à análise crítica da garantia institucional de independência do Ministério Público brasileiro sob dois aspectos: de um lado, a sua independência em relação às esferas organizacionais dos poderes clássicos do Estado; e, de outro, os limites da independência funcional que visa a assegurar, para os seus membros, o livre desenvolvimento das funções institucionais. Sob o influxo do processo de reconhecimento universal dos direitos humanos a partir da Declaração de 1948, o valor da dignidade da pessoa humana representa o fundamento central do Estado Democrático de Direito da Const
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Lherbette-Michel, Isabelle. "L’idee russe de l’Etat, contribution a la théorie juridique de l’Etat : le cas russe des origines au postcommunisme." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40064.

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Il existe une continuité dans l’« idée » russe de l’Etat qu’une analogie dans la continuité des systèmes ne reflète pas. De la Russie impériale à la Russie soviétique, l’Etat (Gosudarstvo) n’est pas conçu comme une entité abstraite et autonome. A la dimension césariste du pouvoir correspond la non-émergence, et du concept et de la réalité d’un Etat. Jusqu’en 1917, la conception russe du pouvoir est conditionnée par le discours idéologique – religieux. Après 1917, sa principale caractéristique est d’être subordonnée à l’idéologie, en tant qu’expression de la volonté du Parti communiste. L’Etat
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Books on the topic "Democratic state governed by the rule of law"

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Burell, Mattias. The rule-governed state: China's labor market policy, 1978-1998. Upssala University, 2001.

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Marchetti, Raffaele. Global Democracy. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.202.

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Global democracy is a field of academic study and political activism concerned with making the global political system more democratic. This topic has become a central area of inquiry for established literatures including political philosophy, international relations (IR), international law, and sociology. Along with global justice, global democracy has also been critical to the emergence of international political theory as a discrete literature in recent decades. Global democracy is particularly concerned with how transnational decision-making can be justified and who should be entitled to p
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Clercq, Juan Antonio Le, and Jose Pablo Abreu Sacramento. Rebuilding the State Institutions: Challenges for Democratic Rule of Law in Mexico. Springer, 2019.

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Parlament, Romania, and Romania, eds. România spre statul de drept =: La Roumanie vers l'Etat de droit = Romania towards the State governed by the rule of law. Regia Autonomă "Monitorul Oficial", 1993.

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Pavel, Carmen E. Law Beyond the State. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197543894.001.0001.

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At the dawn of the twenty-first century, international politics is increasingly governed by legal rules and institutions. Yet widespread skepticism of its value and transformative potential, and sometimes outright hostility toward it, abound. This book provides a normative justification for international law. Namely, it argues that the same reasons which support the development of law at the domestic level—the promotion of peace; the protection of individual rights; the facilitation of extensive, complex forms of cooperation; and the resolution of collective action problems—also support the de
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Poland. The role of the judiciary in a state governed by the rule of law ­ Proceedings (Warsaw (Poland), 4 April 1995) (1996). Manhattan Pub. Co., 1996.

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Dimas, Panos, Melissa Lane, and Susan Sauvé Meyer, eds. Plato's Statesman. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898296.001.0001.

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Plato’s Statesman reconsiders many questions familiar to readers of the Republic: questions in political theory – such as the qualifications for the leadership of a state and the best from of constitution (politeia) – as well as questions of philosophical methodology and epistemology. Instead of the theory of Forms that is the centrepiece of the epistemology of the Republic, the emphasis here is on the dialectical practice of collection and division (diairesis), in whose service the interlocutors also deploy the ancillary methods of myth and of models (paradeigmata). Plato here introduces the
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Europe, Council of, Commission of the European Communities., Russia (Federation), and Prokuratura in a State Governed by the Rule of Law (Meeting) (1997 : Moscow), eds. The Prokuratura in a state governed by the rule of law: Multilateral meeting organised by the Council of Europe in conjunction with the General Prosecutor's Office of the Russian Federation, Moscow, 8-9 January 1997. Council of Europe, 1998.

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Martin, Jeffrey T. Sentiment, Reason, and Law. Cornell University Press, 2019. http://dx.doi.org/10.7591/cornell/9781501740046.001.0001.

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What if the job of police was to cultivate the political will of a community to live with itself (rather than enforce law, keep order, or fight crime)? This book describes a world where that is the case. The Republic of China on Taiwan spent nearly four decades as a single-party state under dictatorial rule (1949–1987) before transitioning to liberal democracy. This book describes the social life of a neighborhood police station during the first rotation in executive power following the democratic transition. It shows an apparent paradox of how a strong democratic order was built on a foundati
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Szente, Zoltán. Challenging the Basic Values—Problems in the Rule of Law in Hungary and the Failure of the EU to Tackle Them. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198746560.003.0027.

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This chapter investigates Hungary’s non-compliance problems and the insights these can provide into the relations between the EU and Hungary. Since 2010 there has been a new period in these relations—the Hungarian constitutional changes have challenged the EU, testing its capacity and ability to protect the Rule of Law in the Member States. This situation stands in contrast to Hungary’s legal harmonization and institutional adaptation to EU requirements prior to 2010. Now, when the challenge from the inside—that is, from a Member State—to the democratic value system of the community is signifi
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Book chapters on the topic "Democratic state governed by the rule of law"

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Ohler, Christoph. "Democratic Legitimacy and the Rule of Law in Investor-State Dispute Settlement under CETA." In European Yearbook of International Economic Law 2017. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-58832-2_8.

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Wiącek, Marcin. "Constitutional Crisis in Poland 2015–2016 in the Light of the Rule of Law Principle." In Defending Checks and Balances in EU Member States. Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_2.

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AbstractThis chapter concerns the constitutional crisis in Poland that began in 2015. It was triggered by appointing judges of the Constitutional Tribunal, by the outgoing Parliament, and then by re-appointing new judges for the same vacancies. Thus, the status of three judges elected by the previous Parliament and three judges elected by the current Parliament remains disputable.One of the crucial elements of the rule of law is the principle of legality. There are two aspects of this principle: the presumption of legality that covers all acts of state bodies; the revoking of this presumption may be performed only within procedures prescribed by the law. The law should indicate a state body competent to revoke the presumption of legality and define the legal effects of such revoking. If the law is incomplete, incoherent or imprecise in that scope—that may lead to legal and political crisis. Polish legislation and Constitution fail to comply with the said standard. This is one of the causes of the constitutional crisis in Poland.In a state governed by the rule of law state bodies should mutually respect their acts. State bodies should not treat acts or decisions issued by other state bodies as invalid or non-existent, unless it is declared within a procedure prescribed by the law. Otherwise, a legal chaos may occur. Courts are not empowered to evaluate the lawfulness of the Tribunal’s judgments. One of the crucial elements of the rule of law principle is the certainty of law.
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Karolewski, Ireneusz Paweł. "Towards a Political Theory of Democratic Backsliding? Generalising the East Central European Experience." In Palgrave Studies in European Union Politics. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54674-8_13.

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Abstract This chapter argues in favour of a general theory of democratic backsliding which should cover three dimensions: (1) the societal one (changing citizenry), (2) the institutional one (changing institutions of democratic government) and (3) the processual one (the nature of the democratic backsliding itself). Following these aspects, the chapter explores general developments of democratic backsliding, which also apply to East Central Europe. Regarding the societal dimension, it points to changes in the nature of citizenship towards spectatorship and plebiscitary understanding of democracy. Considering the institutional dimension, it focuses on two types of state capture: the party state capture and the corporate state capture. With regard to the processual dimension, the chapter argues that democratic backsliding does not imply fully fledged authoritarianism but rather represents a retrogression to semi-democracy—a potentially stable regime type, in which the dismantling of the rule of law goes hand in hand with cyclical elections preserving democratic standards.
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Krieger, Heike. "Sentenza 238/2014: A Good Case for Law-Reform?" In Remedies against Immunity? Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_4.

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AbstractSentenza 238/2014 is an important judgment which does not only concern the concrete case at hand but also pushes for a change in the law of state immunity. However, such attempts at law-making by national courts may not always attain their goal but may exert adverse effects which are harmful for the international legal order. Sentenza 238/2014 may have an impact on three different yet related issues central to the future development of international law: the relationship between international and national law, exceptions to immunities, and individual reparations in cases of mass atrocities.This chapter criticises law-making through non-compliance with international judicial decisions by national courts. Judges in democratic states under the rule of law who try to push for law-reform, by initiating non-compliance with decisions of international courts, should be aware that they may act in the company, and thereby in support of, courts in regimes with autocratic tendencies, such as the Russian Constitutional Court, which refuses to comply with judgments of the European Court of Human Rights. Furthermore, the chapter argues that immunity from jurisdiction and immunity from execution should be kept distinct and that human rights exceptions should not be applied to immunity from execution. Such a differentiation remains justified because measures of constraint against property used for government non-commercial purposes intrude even further onto sovereign rights than the institution of proceedings before courts in the forum state. It is particularly difficult for states to protect assets and other property situated in a foreign state. These assets may therefore be more susceptible to abusive enforcement measures while simultaneously forming an essential basis for the actual conduct of international relations.The chapter concludes by advocating a cautious approach to individual reparations in cases of mass atrocities. This more cautious approach observes the complexities of ending armed conflicts and negotiating peace deals. An individual right to monetary compensation based on civil claims processes does not allow for taking into account broader political considerations related to establishing a stable post-war order. Such a right is conducive to bilateral settlements between the state parties concerned, which might create new injustices towards other groups of victims. It might also overburden negotiations for a settlement to an ongoing armed conflict.The chapter thereby starts from the assumption that the stability of the international legal order itself as guaranteed by concepts such as immunities or the respect for its judicial organs serves to protect human rights, albeit indirectly.
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Rose, Richard. "2. Democratic and Undemocratic States." In Democratization. Oxford University Press, 2009. http://dx.doi.org/10.1093/hepl/9780199233021.003.0002.

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This chapter discusses the distinction between democratic and undemocratic states, noting that it is not only about whether there are elections: it is about whether or not it there is the rule of law. When both conditions are met, elections are free and fair and the government is accountable to the electorate. When laws can be bent or broken, unfair elections represent the will of governors more than that of the governed. The chapter first defines democratic states and outlines the characteristics of a democratic state before assessing the state of states today. It then considers three kinds of undemocratic states, namely: constitutional oligarchy, plebiscitarian autocracy, and unaccountable autocracy. It also examines how democratization has more often come about by trial and error rather than through gradual evolution and concludes by analysing the dynamics of democratic and undemocratic states.
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Rose, Richard. "3. Democratic and Undemocratic States." In Democratization. Oxford University Press, 2018. http://dx.doi.org/10.1093/hepl/9780198732280.003.0003.

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This chapter discusses the distinction between democratic and undemocratic states, noting that it is not only about whether there are elections: it is about whether or not it there is the rule of law. When both conditions are met, elections are free and fair and the government is accountable to the electorate. When laws can be bent or broken, unfair elections represent the will of governors more than that of the governed. The chapter first defines democratic states and outlines the characteristics of a democratic state before assessing the state of states today. It then considers three kinds of undemocratic states, namely: constitutional oligarchy, plebiscitarian autocracy, and unaccountable autocracy. It also examines how democratization has more often come about by trial and error rather than through gradual evolution and concludes by analysing the dynamics of democratic and undemocratic states.
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Gribonika, Ērika. "Līdzsvars starp atklātumu un interesēm izskatīt lietu slēgtā tiesas sēdē Kriminālprocesa likumā un tā piemērošanā praksē." In Tiesības un tiesiskā vide mainīgos apstākļos. LU Akadēmiskais apgāds, 2021. http://dx.doi.org/10.22364/juzk.79.63.

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The article is designed as a doctrinal, descriptive study that examines the prin­ciple of openness in criminal proceedings. It is structured in two parts; the first part identifies the content and significance of openness as a constitutional value in a democratic state governed by the rule of law, whereas the second part of the article describes the restrictions of the principle of openness set by the legislator in the Criminal Procedure Law, as well as outlines the content of the interests for the protection of which these restrictions have been created. Finally, the mechanisms established by law for maintaining the created balance are considered.
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Risse, Thomas. "Building Governance Capacity in Areas of Limited Statehood." In Macroeconomic Policy in Fragile States. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198853091.003.0004.

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Areas of limited statehood where central government authorities lack the capacity of implementing and enforcing decisions and/or lack the monopoly over the means of violence, are ubiquitous. However, these areas are neither ungovernable nor ungoverned. Enormous variation exists, that includes badly governed places but also “good governance” in areas of limited statehood, sometimes separated only by a few blocks. Effective governance (public service provision, rule-making) depends on three factors: legitimacy; social trust relations within communities; and adequate design of institutions, including financial resources. International Financial Institutions (IFIs) should thus focus on building governance capacity rather than further engaging in state-building, which has failed despite substantial investments. If the central state is autocratic and/or predatory, building state capacity will only make a bad situation worse. Yet, if the central government is constrained by the rule of law and by democratic institutions, but lacks the capacity to implement and enforce decisions, then capacity-building might help improve governance.
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Hodosevičs, Tomass. "Varas dalīšana Latvijā. Parlaments un valdība – amatu savienošana." In Tiesības un tiesiskā vide mainīgos apstākļos. LU Akadēmiskais apgāds, 2021. http://dx.doi.org/10.22364/juzk.79.44.

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The principle of separation of power as a principle of a democratic state, which is derived from the overriding principle of a state governed by the rule of law and falls within the scope of Article 1 of the Constitution of the Republic of Latvia (Satversme), determines the separation of branches of state power. The need to respect the principle derives from considerations of respect for the freedom of individuals and is well established. There is no doubt that a distinction must be made between authorities belonging to different branches of power, however, a disagreement emerges as regards the categorical nature of the principle of overlapping. Legislation of the Republic of Latvia allows for the concurrent performance of the positions of a member of the parliament and the government, which means that the state official acts simultaneously in the legislative and executive powers. Respective practices can lead to risks such as conflicts of interest and misuse of power.
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Raustiala, Kal. "Territoriality in American Law." In Does the Constitution Follow the Flag? Oxford University Press, 2009. http://dx.doi.org/10.1093/oso/9780195304596.003.0004.

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In 1899 the English writer Rudyard Kipling penned a poem entitled “The White Man’s Burden.” The phrase is now famous, though few probably know that Kipling was its author. Fewer still know the full title: “The White Man’s Burden: The United States and the Philippine Islands.” Kipling published the poem to implore the United States, which had just defeated Spain in a war, to assume control of Spain’s former colonies. By the end of the nineteenth century the United States had grown into an economic giant and had shown itself capable of vanquishing a once great European nation. Now, Kipling suggested, it was time to step into its natural role as an imperial power. His final verse made clear the stakes: . . . Take up the White Man’s burden— Have done with childish days— The lightly proferred laurel, The easy, ungrudged praise. Comes now, to search your manhood Through all the thankless years Cold, edged with dear-bought wisdom, The judgment of your peers! . . . Many Americans at the time agreed that victory in the Spanish-American War of 1898 demonstrated that the United States was now a world power of the first rank. Yet as the poem suggests, they were not entirely sure about ruling Spain’s former colonial islands. Even if the United States did follow the lead of other great powers and build an overseas empire, it was unclear exactly how its colonies should be governed. Were the islands acquired from Spain subject to the same laws as ordinary American territory, or could the United States rule offshore territories differently simply because they were offshore? In short, as contemporaries put the question, did the Constitution follow the flag? This debate consumed the American public and elites alike. It became a central theme in the 1900 presidential contest between Republican incumbent William McKinley and Democratic challenger William Jennings Bryan. The Democratic Party platform emphatically declared an anti-imperial stance: “We hold that the Constitution follows the flag, and denounce the doctrine that an Executive or Congress deriving their existence and their powers from the Constitution can exercise lawful authority beyond it or in violation of it . . . Imperialism abroad will lead quickly and inevitably to despotism at home.”
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Conference papers on the topic "Democratic state governed by the rule of law"

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Fernandes Teixeira, Erica. "The Pension Fund as an additional labour and pension instrument for promoting social inclusion in the Democratic Rule-of-Law State." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws110_08.

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Dranishnikova, Anzhela. "Ways to strengthen and develop Legal Statehood in modern Russia." In Current problems of jurisprudence. Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/084-090.

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Building a state governed by the rule of law, in which the law will take a dominant position, and its observance will become the main principle — an idea that has worried thinkers since ancient times. The law and order in such a state largely depend on the indicator of the legal culture of citizens, their perception of the laws as the norms of their proper behavior.
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Fokin, Sergey. "VULNERABILITY OF THE STATE GOVERNED BY THE RULE OF LAW DUE TO THE VIOLATION OF NATURAL SELECTION IN IT. NATURAL CAUSES OF THE DEATH OF THE EMPIRE." In XVII INTERNATIONAL INTERDISCIPLINARY CONGRESS NEUROSCIENCE FOR MEDICINE AND PSYCHOLOGY. LCC MAKS Press, 2021. http://dx.doi.org/10.29003/m2375.sudak.ns2021-17/395-396.

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Kosorukova, Irina. "Causes FOR EXEMPTION FROM LEGAL LIABILITY AND PUNISHMENT." In Current problems of jurisprudence. Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/199-204.

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The article provides a general overview of such legal aspects as exemption from administrative responsibility and criminal punishment. Since the Russian Federation is a state governed by the rule of law, in which legal institutions must fully protect the rights and freedoms of citizens, it is necessary to try to study this issue so that it is possible to propose new or alternative solutions to the problems that exist today. Namely, the gaps in the legislation.
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Semitko, Alexey. "Private-Public Law Dichotomy: A Comparative Analysis of Ideas." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-21.

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The Soviet legal system did not assume any division of law into private and public constituents since communist ideology did not recognise anything private as such. The end of the communist experiment and Russia’s transition to democracy, a state governed by the rule of law, a social market economy and respect for human rights logically led to the need to revive private law and its further development, and therefore the idea of dividing law into private law and public law became relevant in legal doctrine. The article contains a brief comparative analysis of Russian and French legal theories i
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Rudenko, Valentina. "Anti-Corruption Policy, the Constitution, and Human Rights in Poland." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-23.

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The aim of the article is to investigate the relationship between the anti-corruption policy and the implementation of human rights in Poland. The following basic legal and political science research methods were used: axiological- normative, systematic, historical, comparative, institutional, structural-functional, formal-juridical methods. The article analyses the socio-political environment in which an anti-corruption policy in Poland was formed and the strategies for its implementation. Significant institutional changes of the system of anti-corruption agencies and legal regulation of anti
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Reports on the topic "Democratic state governed by the rule of law"

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S. Abdellatif, Omar. Localizing Human Rights SDGs: Ghana in context. Raisina House, 2021. http://dx.doi.org/10.52008/gh2021sdg.

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In September 2015, Ghana along all UN member states endorsed the Agenda 2030 Sustainable Development Goals (SDGs) as the cardinal agenda towards achieving a prosperous global future. The SDGs are strongly interdependent, making progress in all goals essential for a country’s achievement of sustainable development. While Ghana and other West African nations have exhibited significant economic and democratic development post-independence. The judiciary system and related legal frameworks, as well as the lack of rule law and political will for safeguarding the human rights of its citizens, falls
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