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Ibrahim, Faiqa. "Honour killings under the rule of law in Pakistan." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83953.
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'Honour', an undefined notion in a patriarchal society like Pakistan, is used as a tool to justify the crime of murder. Violence in the name of honour is not a new phenomenon. Historically, it has been justified in the name of culture but the scope of this tradition has broadened with time and there is an enormous increase in the number of its victims. This cultural notion is interpreted in a way to control women's sexuality and to keep women subordinate to men. Honour killing is not legally sanctioned but the judiciary, the administration and the society often condone it one way or the other. In the tribal areas of Pakistan where such murder is not considered a crime, honour killing is a punishment for those who contravene against the traditional honour code.The wide acceptance of honour killing has made women suffer as a whole against their basic rights; human, constitutional and Islamic. This thesis focuses on the judicial redress against the crime of honour killings, which could be achieved by proper administration of justice. It contests that to control the crime in the patriarchal society of Pakistan, legislative measures are not enough. There is a dire need to eliminate the inadequacies of the administration of justice. The State could build a judicial framework to eliminate the inequality and discrimination against women. The judiciary could play an important role in bringing justice to the victims and in curbing this heinous crime.
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Khan, Foqia Sadiq. "Political economy and the rule of law in Pakistan 1999-2004 : resistance to implementation of law and caste capitalism." Thesis, SOAS, University of London, 2014. http://eprints.soas.ac.uk/18254/.
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The thesis examines the relationship between the political economy and the rule of law in contemporary Pakistan. The premise is that the rule of law can be meaningfully studied if the undercurrents of the political economy are explored. It investigates the rule-of-law-based reforms pushed by the International Financial Institutions (IFIs) that are meant to promote a level playing field for intra-capital relations, and to regulate relations between capital and the state. The institutional governance reforms of the IFIs are analysed from 1999-2004 within the historical context. The thesis presents two case studies of the IFIs reforms: a tax law (General Sales Tax in the Value-Added Tax mode), and a corporate governance regulatory body (the Securities and Exchange Commission of Pakistan). The third case study is about the textiles sector. In the productive textiles sector, the interplay of the rule of law and political economy is explored. This case study discovers caste capitalism even in the formal textiles sector. Here the lack of impersonalisation and the weak rule of law encourages reliance on the social structures that lead to perpetuation of business networks along the caste lines. Personalisation in the textiles sector in Pakistan comes from the society being in the transition phase. The textiles case study concludes that the textiles manufacturers do not want more mature capitalism. There is a political economy explanation to the resistance to the rule of law. We present an analysis of how IFIs institutional governance reforms are resisted by the capitalist and intermediate classes. This leads to these reforms having only limited success. The rule-violating behaviour of the capitalist class and the intermediate classes has led to varying impact on accumulation - ranging widely from theft of resources, investment in value-enhancing activities, to no significant impact. The rule-violating behaviour presented in the case study chapters is viewed in terms of the transition of a traditional society to a modern 'Weberian' state. The background literature review discusses the notions of the Weberian rationalbureaucratic state, the rule of law and impersonalisation. The literature review also discusses the underlying structural basis of power in society, patron-client relationships, the politics of patronage and the need for rents creation for maintaining political stability. The thesis presents a nuanced analysis illustrating a spectrum of contestations between the forces which wish to promote the pro-market rule of law against those who resist it. Studying such a contestation enables the thesis to make a contribution in the overall understanding of the political economy and the rule-violating behaviour in the middle income countries such as Pakistan.
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Ahmed, Naveed. "The impact of structural reform strategies of international financial institutions on the rule of law, good governance and development in Pakistan." Thesis, University of Warwick, 2012. http://wrap.warwick.ac.uk/80264/.
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This thesis examines the impact of structural reform strategies of International Financial Institutions (IFIs) on the rule of law, good governance and development in Pakistan. In doing so, it explores the extent to which the ethos and instruments of rule of law and good governance could be helpful in mitigating problems of social justice as experienced by Pakistan. One important outlet through which this is explored is the internal factors that have aggravated conditions of poverty and social injustice. The interface of these social variables is made possible by the scale of Pakistan’s social challenges which has culminated in the involvement of IFIs in the country’s internal struggles. But like other countries, the IFIs involvement in Pakistan’s domestic affairs has aggravated social injustice rather than alleviating it. The principal argument of this thesis is that absence of social justice in Pakistan could be attributed to the interaction between IFI policies, weak structures of governance and the rule of law. While IFIs policies have recently attempted to emphasise human rights, good governance and the rule of law, these have been ineffective partly because of IFI submissiveness to strategic interests of the United States and Western powers. The theoretical and analytic framework of the thesis is mediated through Amartya Sen’s capability approach. Capability means: What people can positively achieve is influenced by economic opportunities, political liberties, social powers, and the enabling conditions of good health, basic education, and the encouragement and cultivation of initiatives. The institutional arrangements for these opportunities are also influenced by the exercise of people’s freedoms, through the liberty to participate in social choice and in the making of public decisions that impel the progress of these opportunities (Sen, 1999:5). The theoretical framework is used as the frame upon which to engage the impact of Structural Reform Strategies of IFIs on the rule of law, good governance and development in Pakistan as the case study.
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Leben, Anke. "Länderbericht Pakistan." Universität Potsdam, 2002. http://opus.kobv.de/ubp/volltexte/2011/5486/.
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Humphreys, S. J. "Theatre of the rule of law : an inquiry into transnational rule of law promotion." Thesis, University of Cambridge, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.604783.
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The thesis concerns a burgeoning field of practice – the financial and programmatic support for legal and institutional reform across borders, now generally known as ‘rule of law promotion’. The thesis aims to describe what might be called the ‘latent theory’ of the rule of law field: what kind of world is imagined in these programs (and the literature they have generated), and how do donors and funders go about making that world a reality. Given how heavily the field has come to rely on ‘the rule of law’ as its guiding rhetoric, my thesis is also concerned with the changing parameters of the rule of law itself as a term of art: what does the term now encompass, how does current usage differ from its past referential scope, and what factors have contributed to its evolution? The thesis looks at two separate traditions that have produced contemporary transnational rule of law reform: the rule of law ideal, a complex and contested tradition initiated by Albert Dicey in 1885; and the colonial export of laws and institutions, which serves as a precursor for modern efforts, but is difficult to reconcile with the rule of law ideal. The thesis makes the case that each of these traditions – the long-running political, economic and legal debates that have sculpted the landscape of the rule of law ideal, on one hand; the particular experience of the directed application of law abroad in pursuit of economic ends, on the other – have nourished and shaped the contemporary rule of law phenomenon. In short, I claim, it is difficult or impossible to understand the field of rule of law promotion without first grasping the long battles over the term’s content and the evolution of the practice of legal export.
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Humphreys, Stephe. "El teatro del rule of law." IUS ET VERITAS, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/122932.
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Maswanganyi, Mbhambhali Patson. "Rule of law in South Africa." Thesis, University of Limpopo, 2010. http://hdl.handle.net/10386/483.
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Thesis (M.LAW) --Univesity of Limpopo, 2010This study investigates the operation and application of the rule of law in South Africa from the colonial era to the new constitutional dispensation. The study also investigates the relationship between the rule of law and the modern conception of constitutionalism.
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Rangelov, Iavor. "Nationalism and the rule of law." Thesis, London School of Economics and Political Science (University of London), 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.578061.
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Asad, Amir Zada. "Opium and heroin production in Pakistan." Thesis, University of Hull, 1999. http://hydra.hull.ac.uk/resources/hull:3960.
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Javeid, Umer. "Okun's Law : Empirical Evidence from Pakistan (1981-2005)." Thesis, Södertörns högskola, Institutionen för samhällsvetenskaper, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-16168.
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The main objective of this research paper is to find the association between unemployment rate and GDP growth which is presented empirically by Arthur Okun’s in early 1960s. For this purpose I have used annual time series data during the period 1981-2005 of Pakistan. I applied difference version of Okun’s law which is more appropriate to access results directly from empirical data. In order to find long run relation between the variables I used Engle-Granger cointegration technique and Error Correction Mechanism (ECM) to find the short term behavior of GDP growth to its long run value. This paper verifies negative relationship between unemployment rate and GDP growth and both variables have long run relation with each other. Moreover GDP growth will adjust more quickly towards equilibrium in the long run.
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Ahmad, Malik Hammad. "The struggle for democracy in Pakistan : nonviolent resistance of military rule 1977-88." Thesis, University of Warwick, 2015. http://wrap.warwick.ac.uk/77074/.
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Pakistan is regarded widely today as a country continuing turmoil, in which multiple centres of political and armed power compete with each other, using violence as much as due democratic processes to settle their differences. And yet, as this dissertation seeks to show, there is also a tradition of democracy that has been fought for and won in ongoing nonviolent movements For almost half its life since its creation in 1947, military dictators, of whom there have been four in all, have ruled Pakistan. Amongst these, General Zia-ul-Haq ruled the longest at more than eleven years from July 1977 to August 1988. He not only executed Zulfiquar Ali Bhutto, Pakistan former Prime Minister but he was also able to bring about fundamental changes in the legal, political, religious, social and cultural affairs of the country. His rule is often considered a ‘dark age’ in the history of Pakistan. Two movements – the campaign to save Bhutto 1977-1979 and the Movement for the Restoration of Democracy (MRD) 1981-1988 – were launched and led by political parties, of which the Pakistan People’s Party (PPP) was leading member, against Zia’s rule. Historians have generally considered both these movements to have been a failure. In this dissertation, it is argued that although MRD took much longer than the originally-envisaged three months to achieve its aim, it did not in the end fail. It should, rather, be seen as a gradualist democratic movement, which eventually brought the country back to democracy in 1988. The process took longer than expected for several reasons, the most important of which were a lack of unity amongst the leaders of its constituent political parties, particularly the PPP, the absence of an operational corps, and Zia-ul-Haq’s ruthless response to the nonviolent resistance to his rule. Additionally, Zia’s regime was supported for many years by international powers of the Western bloc, due to the war against Soviet Union in Afghanistan.
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Eka, Andreas. "Upholding the Rule of Law in the EU : Conditionality for EU Funds to Combat Rule of Law Violations?" Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-352217.
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Mehta, Dhvani. "The environmental rule of law in India." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:730202ce-f2c4-4d2f-9575-938a728fe82a.
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This thesis offers a new conceptual framework - the environmental rule of law - to describe weaknesses in the development of Indian environmental law, and uses this description to critique the dominant discourse on environmental institutional reform. A secondary framework-fragmentation is also used to supplement the analysis of Indian environmental law. Part I develops the conceptual framework of the environmental rule of law by considering the special challenges that the inherent polycentric and interdisciplinary nature of environmental law present for commonly understood rule of law values such as clarity, certainty and consistency. It also relies on Jeremy Waldron's conception of articulated governance to demonstrate that the rule of law is linked to the principle of separation of powers. This conception lays emphasis on the role of the three institutions of government - the legislature, the executive and the judiciary - in strengthening or weakening the rule of law. To determine institutional contribution to the rule of law, I develop three broad indicators to assess the legal quality of the instruments of each of these institutions of government. These indicators are: a) capacity of statutes to guide executive and judicial behaviour by goal-setting and balancing competing interests; b) the ability of the executive to make flexible yet reasoned decisions grounded in primary legislation; and c) the use of statutory interpretation and consistent standards of judicial review by the courts as they give effect to environmental rights and principles. Through the use of case studies in Part II that span environmental impact assessment, forest conservation, and indigenous rights, I demonstrate that the lack of adherence to these indicators produces a body of environmental law that is fragmented i.e. one characterised by multiple overlapping yet self-contained legal regimes with conflicting provisions and the absence of unifying norms. In Part III, I use this understanding of fragmentation to critically analyse environmental legal and institutional reform proposals. I show that existing proposals address only the structure, rather than the process of functioning of the institutions of government. The rule of law framework that I develop also has potential for application to other areas of the law.
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Simpson, Andrew Joseph. "Constructivism, Normativity, and the Rule of Law." Thesis, The University of Arizona, 2013. http://hdl.handle.net/10150/297759.
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Why care about what the law has to say? It aims to guide our actions, but its grounds for doing so are not clear. Many will cite moral grounds: the law is good, we have a duty to follow it. Others will simply appeal to negative consequences that follow from failing to heed its commands. Here, I want to sketch out a answer to the question in the tradition of legal positivism by using the machinery of ethical constructivism. I will begin by outlining the history of the debate over legal normativity. I will then proceed to lay out what Sharon Street has characterized as restricted constructivism, or constructivism that solves one particular normative problem. Without attempting to lay out a complete theory, I will advance the notion that we can settle on three conditions for the normativity of law. Adverting to formal games, I aim to show that we can start with the practical rationality of citizens whose interests and moral views deeply conflict, go through this procedure, and get reasons for the citizens to comply with laws that satisfy the conditions. I conclude by examining several objections to the procedure and my preferred conditions.
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Hilson, Christopher. "Pollution control and the rule of law." Thesis, University of Sheffield, 1995. http://etheses.whiterose.ac.uk/1834/.
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The thesis is an attempt to apply the rule of law to pollution control, the aim being to discover whether one form of environmental regulation can be regarded as more constitutionally legitimate than another. The thesis begins with a detailed discussion of the rule of law. In the first chapter, I suggest that the rule of law cannot simply be 'intuitively realised', but rather that the values associated with it must be accounted for through theoretical analysis. Immanent critique is rejected as a theoretical technique in favour of Dworkin's 'constructive interpretation'. The latter approach yields the rule of law values of equity, accountability, efficiency, certainty and effectiveness. Future chapters involve the application of these values to specific modes of pollution control. In chapter two, the 'command-and-control' regulatory systems operated by HMIP, the NRA, local authorities (air pollution control and waste regulation) and water and sewerage companies are analysed in terms of rule of law values - except for accountability which is discussed separately and in much greater depth in chapters 3 to 6. In these four chapters, I begin by examining general accountability mechanisms before exploring accountability for specific decisions such as the setting of ambient standards, the setting of emission/process standards and finally, monitoring and enforcement. Having discussed command-and-control approaches to pollution control, chapter 7 proceeds to examine market mechanisms of environmental regulation in terms of the rule of law values. The values are first applied to pollution taxes and tradeable permits at an abstract level; they are then applied to the existing cost-recovery charging schemes operated by the various regulatory bodies. Finally, in chapter eight I attempt to apply the rule of law values to 'market approaches' to pollution control such as environmental management and audit, green consumerism and investment, government industry contracts and civil liability. The conclusion of the thesis then assesses the success or otherwise of the practical application of the rule of law that has been attempted in previous chapters. It considers whether one can use the rule of law as a benchmark of legitimacy to conclude that one form of pollution control is more constitutionally legitimate than another.
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Cormacain, Ronan. "Legislative drafting and the rule of law." Thesis, Institute of Advanced Legal Studies, 2017. http://sas-space.sas.ac.uk/6693/.
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The rule of law is a cornerstone of the UK legal order, it states that we are all subject to, and ruled in accordance with, the law. Under Bingham’s analysis, the rule of law is made up of eight separate elements. Element one has four aspects, these are that legislation ought to be accessible, intelligible, clear and predictable. Legislative drafting means turning policy ideas into legislation fit for the statute book – it is literally writing the law. It is best described as phronesis, the subjective application of wisdom The hypothesis of this thesis is that legislative drafting principles can be derived from element one of Bingham’s definition of the rule of law, and that these drafting principles facilitate the drafting of legislation in accordance with the rule of law. The methodology is deductive reasoning, meaning that each aspect of element one is examined, and from each aspect, drafting principles are derived. The principles therefore flow directly from the rule of law. In Chapter 2 the rule of law requirement of accessibility is dissected. Accessibility means that citizens have access to the law. This leads to the conclusions that legislation ought to be drafted so as to be available (citizens can physically read it), navigable (citizens can find their way around it, particularly to the portion which directly affects them) and inclusive (containing all the relevant legal information). In Chapter 3 the rule of law requirement of predictability is analysed. Predictability means that citizens can predict the legal consequences of their actions by reference to the legislation, or in other words, that the law is fixed and certain. Drafting principles are then derived from this. These are that legislation is prospective (it has effect in the future, not the past), that it is determinate (certain, unambiguous and precise), stable (not changing all the time), it must have a clear start and stop date, it must be consistent (within individual statutes and more generally across the statute book), that it must apply in the real world, that it must be capable of being implemented, and that there must be constraints on the discretion given to officials by legislation. Chapter 4 deals with intelligibility – that the law must be capable of being understood by citizens. This means that the drafter must consider the characteristics of the individual who is most likely to be using the legislation, that both amending legislation and the legislation as amended must be comprehensible, that excessive interconnectedness must be avoided, that plain language, easification and good writing techniques must be used and finally that the legislation contain examples where appropriate to aid understanding.
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Hoole, Grant Russell. "Judicial Inquiries and the Rule of Law." Thesis, Université d'Ottawa / University of Ottawa, 2015. http://hdl.handle.net/10393/32355.
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The aim of this thesis is to demonstrate that the conduct of judge-led commissions of inquiry in Canada could be improved, and rendered more consistent with purposive values embodied in the rule of law, were judicial commissioners to observe a principle of fidelity to adjudication.
The rule of law, practically understood as a political and legal ideal, treats independence as integral to the judicial role in interpreting and applying law, safeguarding the Constitution, and honouring individual rights. Public confidence in the independence and integrity of Canada’s judiciary flows not just from constitutional safeguards, however, but from judicial observance of adjudicative procedure. So too does confidence that in exercising their functions, judges respect the boundaries commanded by the separation of powers.
Contrary to categorical distinctions that are often drawn between commissions of inquiry and courts, adjudicative procedure is an essential feature of many inquiries. This is so because the participants in such inquiries legitimately demand an assurance of justice equivalent to that associated with traditional judicial proceedings. Recognizing this commonality does not mean burdening public inquiries with the evidentiary and procedural rigidity of courts. It does suggest, however, that adjudication has a valuable (if non-exclusive) role to play in the conduct of some inquiries, establishing a compelling reason why judges should be their leaders. Fidelity to adjudication directs judicial commissioners to account for this reality when confronting common dilemmas and challenges in inquiry conduct.
I explore the methodological implications of fidelity to adjudication in two broad areas, first concerning procedural fairness, and second concerning the protection of a commissioner’s independence. Finally, I consider how fidelity to adjudication establishes boundaries cautioning against judicial service in inquiries that demand different conceptions of justice, or advance different notions of truth-seeking, than those in which judges are traditionally informed. A principled alignment is thus established between judicial service on commissions of inquiry, judicial methods and skills, and observance of the rule of law.
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Akbar, Muqarrab. "Pakistan at crossroads : war against terrorism and international law." Thesis, Glasgow Caledonian University, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.676475.
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This thesis examines the contribution of Pakistan in the war on terror and problems faced by Pakistan due to this War. It explores selected legal issues of the War on Terror, particularly those relevant to Pakistan. To achieve this, the existing literature on Pakistan's decision to join the War, Pakistan's contribution in the War and its effects on the country are analysed. The research is focused on the Pak-US relations and selected aspects of International Law. A field work through interviews, short sample survey and focus groups are conducted to investigate the opinion of the people in Pakistan regarding the War. Through a snapshot of the history, this thesis examines the phenomenon of terrorism. It provides a general understanding of the phenomenon of Terrorism and examines the roots of terrorism in Pakistan particularly with reference to the Afghanistan factor. The study shows that Pakistan's support and contribution in the War on Terror have incited anti-war sentiments at home, whereas its sacrifice and efforts in countering terrorism have not been recognised at the international level. This study explains that both the internal factors and external dynamics are playing a negative role in achieving the objectives of the War on Terror. Some attention is paid to selected aspects of International Law especially those that have affected the Pak-US strategic partnership in general and the War on Terror in particular, such as drone strikes and violation of Human rights. The thesis shows how the divided public opinion in Pakistan has affected the War on Terror. The successive divergence of interests between Pakistan and US resulted into mistrust between the partners, and in turn, in achieving the objectives of the War on Terror. It also shows that the Policy makers in Pakistan have been unsuccessful in getting the public opinion on board regarding the policies of the War. The thesis concludes that Pakistan's strategic foundations, US policies and the Indian threat are fundamental problems in the alliance with US in the War against Terrorism. There is, therefore, a need to redefine and restructure the Pakistan's foreign policy in general and in the War on Terror in particular to help in mitigating the issue of terrorism in the country.
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Rivron, Sarah. "La notion d'Indirect rule." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3020/document.
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L'administration coloniale a pris de nombreuses formes au fil des siècles, et l'Indirect rule est l'une des plus représentatives de la colonisation britannique. A ce titre, il convient de s'intéresser aux causes et aux conséquences de ce système de gouvernement, ainsi qu'aux spécificités qui y sont liées en pratique. Cette analyse portera donc essentiellement sur sa mise en application au Nigeria, ainsi que sa diffusion dans l'empire colonial britannique d'Afrique. Afin d'approfondir cette étude, l'Indirect rule sera également abordé d'un point de vue plus théorique, notamment concernant l'évolution de sa perception par les historiens du droit. De même, sa spécificité sera questionnée, notamment en la comparant à d'autres systèmes de gouvernement coloniaux européensColonial administration evolved a lot through centuries, and Indirect rule is one of the most representative of the British one. As such, it is interesting to look at the reasons and the issues of the particular system of government, as well as the particularities linked to Indirect rule in the facts. This analysis will be more specifically about how Indirect rule worked in Nigeria, as well as its diffusion through the British colonial empire in Africa. In order to complete the study, Indirect rule will also broached from a theoretical point of view, in particular regarding the evolution of how historians of law considered it. Moreover, its specificities will be observed, in particular by comparing indirect rule with other Europeans colonial governments
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Razzaque, Jona. "Public interest environmental litigation in India, Pakistan and Bangladesh." Thesis, Queen Mary, University of London, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.368702.
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Grogan, Joelle. "An EU-centric account of the rule of law." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:6bb77db1-d4bd-4eb0-952d-6beae2976bf6.
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The rule of law is declared to be a foundational and guiding value of the European Union in Article 2 Treaty on European Union. The European Commission claims to be the 'guardian of the rule of law', and the concept has been determinative in judgments in the Court of Justice of the EU. However, the EU has not defined what exactly is meant by 'the rule of law'. This leads to the question: how can the EU claim to be guided by the rule of law, 'common to all Member States', but not provide an account of what that means in practice? To determine such an account, I examine contemporary accounts of the rule of law and identify the specific nature of the EU. I conclude that while the rule of law is a shared value across legal systems, distinct accounts develop within, and adapt to, each one. I advance an EU-centric account of the rule of law (EUCA) which is apt for the EU legal order. I advocate the value of EUCA first in abstract by providing reasons for why it is to the benefit of the EU Institutions, the Member States and individuals to endorse EUCA compliance. I then show the practical use of EUCA as a source of legitimacy from the perspective of Member States and individuals in the context of issues of contemporary and pressing concern in the areas of international trade, corporate taxation and the criminal law. I seek to bridge the gap between a theoretical account of the rule of law apt for the EU legal order, and the practical guidance it can provide in the resolution of crisis issues. I conclude on the essential importance of guarding, strengthening, and enhancing the rule of law throughout the EU, not just as a means of resolution in times of crisis, but as a guarantee of the future of the European Union.
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Wennerström, Erik. "The rule of law and the European Union /." Uppsala : Iustus, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-7877.
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Wennerström, Erik O. "The rule of law and the European Union /." Uppsala : Iustus Förl, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/534294081.pdf.
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Larkin, Philip M. "The rule of forfeiture and social security law." Thesis, University of Southampton, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.268387.
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Fernández, Esteban Maria Luisa. "The rule of law in the European constitution /." The Hague ; London ; Boston : Kluwer law international, 1999. http://catalogue.bnf.fr/ark:/12148/cb37760324m.
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Grote, Rainer. "Rule of Law, Rechtsstaat, / y Etat de Droit." Pontificia Universidad Católica del Perú, 2012. http://repositorio.pucp.edu.pe/index/handle/123456789/97837.
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Carbonell, O'Brien Esteban. "Game theory and the law: rule interactive interpretation." Revista de Actualidad Mercantil, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/92151.
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En el presente artículo, el autor analiza de forma crítica e incisiva la legalidad de la Ley 30064,norma que es prácticamente una continuidad Decreto de Urgencia No 010-2012. Prolongando, así, los efectos prácticos del referido Decreto de Urgencia utilizado de manera cuestionable como salvavidas de los clubes morosos frente a la SUNAT y demás acreedores. Asimismo, el autor hace énfasis en la inconstitucional de esta Ley y cuestiona la legalidad de las normas que favorecen la reestructuración económica de los clubes en estado de quiebra. Finalmente, el autor propone una crítica constructiva basada en los fundamentos generales de la economía las finanzasy el manejo de las crisis económicas.
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Yeung, Sze-man Simone, and 楊思敏. "The rule of metaphor and the rule of law: critical metaphor analysis in judicial discourse and reason." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2010. http://hub.hku.hk/bib/B4554251X.
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Ashdown, Michael J. "The rule in Re Hastings-Bass." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:b63ddd3f-1762-41b2-8c6b-e3c4c1c2b711.
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The rule in Re Hastings-Bass is an equitable control on the exercise of powers by trustees. It has developed without satisfactory explanation of its doctrinal basis, resulting in uncertainty as to its scope and application. In Pitt v Holt [2011] EWCA Civ 197 the Court of Appeal began to remedy these defects by deciding that the rule is founded on a trustee’s duty properly to consider the exercise of a power. This thesis argues, first, that Pitt is right to understand the Re Hastings-Bass rule as premised on the duties of trustees, and not on the exercise of a power producing an unintended result. This accords with the reasoning of earlier cases on the rule, and is also consistent with House of Lords authority on fiduciary powers and judicial non-interference in trustees’ decision-making. This duty is not a ‘fiduciary’ duty, or an aspect of the trustee’s duty of care, but is an independent incident of the office of trustee. Secondly, this analysis of the Re Hastings-Bass rule facilitates exposition of its important features: the concept of ‘relevant consideration’ must be carefully circumscribed; the purported exercise of a power in breach of the rule is voidable, not void; the rule does not apply to purely personal powers, or to administrative powers; there are no special rules for pension trusts or the use of the rule to mitigate liability to taxation; trustees can usually avoid a breach of duty by taking professional advice; and in some circumstances, those professional advisers can incur liability to the trust beneficiaries. Finally, the relationship between the Re Hastings-Bass rule and fraud on a power is examined. It is argued that the analogy between the two doctrines is not sound, and that there is reason to doubt aspects of the orthodox account of fraud on a power.
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Ali, Muhammad Hamid. "Geographical indications in Pakistan : the need for legal and institutional reforms and economic development." Thesis, Queen Mary, University of London, 2014. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8906.
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Geographical indications assumed prominence in terms of juridical development and economic importance with their inclusion in the TRIPS Agreement. Due to their nexus with place of origin, the importance of agricultural GIs has increased manifold. Pakistan has a strong agriculture-based economy. It has many valuable GIs, like Basmati rice, with significant trade worth billions of dollars. Nevertheless, not a single GI has been registered in Pakistan due to factors such as the inadequacies in the present system of protection of GIs in Pakistan, institutional weaknesses and the absence of an active role of the state. This thesis argues that a sui generis law for the regulation of agricultural GIs will facilitate better protection of GIs and economic development in Pakistan provided that it is also accompanied by the necessary institutional reforms. Pakistan is making efforts to enact a separate GI law for better protection of its GIs. However, there are administrative hurdles and institutional incapacities in Pakistan which need to be reformed. Examples have been taken from the sui generis laws of the EU and India in the discussions on legislative and institutional reforms in Pakistan. The EU and Indian sui generis laws have shown better protection of their GIs resulting in the registration of hundreds of their GIs and economic development. The situation in neighbouring India was the same as is currently found in Pakistan until 2003 when it introduced its sui generis law; it has now registered hundreds of GIs. Besides literature reviews, interviews have been conducted with public and private sector stakeholders to gain an insight into the weaknesses and strengths of the system of protection of GIs in Pakistan, as well as potential reforms. Based on the findings, a sui generis law and institutional reforms for better protection of agricultural GIs and economic development in Pakistan are proposed.
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Newton, Robert J. "Retroactive and retrospective legislation and the rule of law." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5817.
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Shumate, Lauren A. "Key Ingredients in the Rule of Law Recipe: The Role of Judicial Independence in the Effective Establishment of the Rule of Law." Scholar Commons, 2014. https://scholarcommons.usf.edu/etd/5126.
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In recent decades, countries around the globe have engaged in rule of law and judicial reform initiatives, with such efforts being most prominent in transitional democracies, post-conflict and post-communist countries. Despite the fact that the concepts of judicial independence and the rule of law continue to be contested among political and legal scholars, popular wisdom and belief in the international community suggests that an independent judiciary is the cornerstone of a democratic, market-based society based on the rule of law. However, the disagreement over the extent to which an independent judiciary effects the establishment of the rule of law has resulted in the failure to determine whether an independent judiciary is necessary for the establishment of the rule of law, and thereby a stable and peaceful society where human rights and civil liberties prevail.
This paper examines the effect of judicial independence on the establishment of the rule of law, and analyzes whether the type of political regime and legal system of a country affects judicial independence and the rule of law. I use data available from the most recent years of 2007 through 2012 that are comprised of a set of indicators of judicial independence and the rule of law covering 51 different countries in the global system. OLS multiple regression is used to analyze the effect of three independent variables (legal system, type of political regime, and judicial independence) on two dependent variables (judicial independence and the rule of law). It is expected that higher levels of judicial independence will be strongly associated with an established rule of law, and that the type of political regime and legal system will affect the presence of a highly independent judiciary.
Additionally, I employ qualitative case studies of Serbia and Moldova in order to examine justice sector reforms taking place and assess their impact. The cases of Serbia and Moldova provide an example of the global effort to reform the rule of law and establish an independent judiciary and demonstrates the need to enshrine judicial independence not only within the content of legal documents, but also in practice.
The results of the comparative quantitative analysis demonstrate the importance of judicial independence, particularly de facto judicial independence, in establishing the rule of law. Furthermore, the qualitative studies of Serbia and Moldova show how the lack of judicial independence in both countries can be linked to human rights violations adjudicated by the European Court of Human Rights (ECHR). The goal of this research is to add to the growing field of transitional justice, and contribute to comparative law and politics literature concerning judicial independence and the rule of law.
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Abbas, Aamir. "A functional derivative action framework for Pakistan." Thesis, University of Bedfordshire, 2017. http://hdl.handle.net/10547/622522.
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Company law in Pakistan does not recognise shareholders’ right of derivative action. This situation raises the question as to what extent derivative action, if recognised under the company law in Pakistan, can promote good corporate governance and contribute to reinforce enforcement powers of shareholders as to safeguarding their rights? The purpose of this thesis is twofold. First, this thesis argues that an effective derivative action system could act as a means of disciplining corporate management in Pakistan. Second, it presents it argumentations that other legal and extra-legal managerial disciplinary mechanisms have limitations of their own that support the introduction of a statutory derivative action system in Pakistan. The methodologies used in this thesis are doctrinal, historical, case study, comparative and semi-structured interviews. Doctrinal analysis has been employed when analysing statutes and case law. Case study methodology has been used to exemplify problems of directorial misconduct and providing empirical evidence for carrying out further analysis. A comparative approach has been utilized for which the UK has been chosen for comparative purposes to identify lessons that Pakistan can learn from the UK derivative action system while finding ways for effective use of derivative action system in Pakistan. Semi-structured interviews are aimed at providing an evaluation of the reform proposals. This study contributes to the subject of derivative action in three key ways. First, it provides an in-depth examination of the regulatory framework pertaining to shareholder protection in Pakistan in order to highlight the inherent challenges presented by un-updated legal framework. Second, based on the findings from this thesis, reform proposals are made as to codifying derivative actions, clarifying the procedural route for derivative proceedings and providing a funding mechanism to attract shareholders to bring derivative actions to enforce corporate rights. Third, suggestions proposed in this thesis are supported by both the opinions of the interviewees and original research on judicial experience of other jurisdictions, particularly the UK. The findings made in this study and proposals have implications for law reforms and are expected to inform practitioners, academics, legislators and policy makers on the way forward in reforming shareholder protection in Pakistan. Thus, this thesis would inform reforms in the company law in order to strengthen the enforcement power of shareholders and ensure corporate accountability in Pakistan.
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Petit, Elizabeth J. "The Rule of Law and U.S. Direct Investment Abroad." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/623.
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This paper employs an augmented gravity model for a sample of 96 host countries to examine the impact of host country rule of law on direct investment from the United States. This paper further investigates the gap between property rights and freedom from corruption, the two primary components of a country’s rule of law. Property rights and freedom from corruption are both shown to have a significant positive effect on U.S. outward foreign direct investment. This thesis argues that freedom from corruption is a more powerful measure than property rights for determining the location of U.S. direct investment. This suggests that for host countries, reducing the level of corruption may be more effective at stimulating direct capital investment from U.S. investors than expanding property rights.
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Fijalkowski, Agata A. "Rule of law revived : the Polish judiciary 1918-1998." Thesis, Queen Mary, University of London, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.393180.
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Conant, Lisa J. "Contained justice : the politics behind Europe's rule of law /." Thesis, Connect to this title online; UW restricted, 1998. http://hdl.handle.net/1773/10764.
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Deedman, Galvin Charles. "Building rule-based expert systems in case-based law." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26137.
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This thesis demonstrates that it is possible to build rule-based expert systems in case-based law using a deep-structure analysis of the law and commercially available artificial intelligence tools. Nervous shock, an area of the law of negligence, was the domain chosen. The expert whose knowledge was used to build the system was Professor J.C. Smith of the Faculty of Law at the University of British ColumbiaLaw, Peter A. Allard School of
Graduate
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Cassel, Par Kristoffer. "Rule of law or rule of laws: Legal pluralism and extraterritoriality in nineteenth century East Asia." [S.I. : s.n.], 2006. http://catalog.hathitrust.org/api/volumes/oclc/150373677.html.
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Ahmad, Saghir. "Legal protection for computer programmes in EU, US and Pakistan : software piracy as a challenge in Pakistan /." Oslo : Faculty of Law, Universitetet i Oslo, 2008. http://www.duo.uio.no/publ/jus/2008/87514/87514.pdf.
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Abrar, Muhammad. "Enforcement and regulation in relation to TV broadcasting in Pakistan." Thesis, University of Glasgow, 2012. http://theses.gla.ac.uk/3771/.
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In 2002, private broadcasters started their own TV transmissions after the creation of the Pakistan Electronic Media Authority. This thesis seeks to identify the challenges to the Pakistan public and private electronic media sectors in terms of enforcement. Despite its importance and growth, there is a lack of research on the enforcement and regulatory supervision of the electronic media sector in Pakistan. This study examines the sector and identifies the action required to improve the current situation. To this end, it focuses on five aspects: (i) Institutional arrangements: institutions play a key role in regulating the system properly. (ii) Legislative and regulatory arrangements: legislation enables the electronic media system to run smoothly. It needs some more improvement as proposed in the thesis. (iii) International efforts: these efforts are very positive to enforce the broadcasting regulation at international level. It will also have a gradual effect on the national market. (iv) Current enforcement challenges: some current media enforcement issues are analysed for the first time in this thesis. (v) Regulatory Reforms: after the development of the technology, the broadcasting sector is now facing some significant regulation issues. These five aspects are examined in Chapters 2 to 4 respectively. These three chapters constitute the main part of the thesis.
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Iqbal, Khurshid. "The right to development in international law : the case of Pakistan." Thesis, University of Ulster, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.443563.
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Bakhsh, Faiz. "Humanitarian law in an Islamic context : internally displaced persons in Pakistan." Thesis, Anglia Ruskin University, 2018. http://arro.anglia.ac.uk/703777/.
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The headcount of IDPs in the world is currently 40 million, and armed conflict in Pakistan has resulted in repeated displacements for a decade, with an estimated 1.4 million IDPs needing protection from the national government, within an Islamic social and cultural context. This research explores the protection of internally displaced persons (IDPs) under International Humanitarian Law (IHL) in an Islamic context, with a case study of IDPs in Pakistan. This research applies a mixed method approach combining legal interpretation and application of the international legal framework applicable to IDPs and the relevance of Islamic Law in the context of the domestic legal structure of Pakistan. An empirical/socio-legal case study of IDPs in Pakistan uses qualitative field interviews to investigate the implementation of the legal framework applicable to IDPs. This research analyses the applicability of IHL in the presence of Sharia Laws in the domestic legal structure of Pakistan, especially on IDPs affected by non-international armed conflict. It has found a poor domestic legal framework, and poor implementation of IHL, leading to inadequate protection to IDPs. Sharia Law in the legal structure of Pakistan does not hinder IHL from providing protection to IDPs. The government of Pakistan should do more to ensure the applicability of IDPs legal framework, especially the implementation of the rules of IHL, but this is hindered by continuing armed conflict and a lack of review mechanism for the current status and number of IDPs.
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Keyes, John Mark. "Judicial review of delegated legislation the rule of law and the law of rules." Thesis, University of Ottawa (Canada), 1985. http://hdl.handle.net/10393/5029.
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Wilson, Joseph 1968. "Consumer welfare and government regulation of telecommunications : lessons for Pakistan." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=28037.
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Governments started regulating the telecommunications industry, firstly, because the governments thought that the industry possessed the characteristics of what is generally known as 'natural monopoly' and, secondly, to protect the users of telephone services from potential abuses that are associated with the monopoly power. The governmental intervention went so far that, with the exception of few countries, virtually everywhere in the world telecommunications services were provided by the government departments of Post Telephone and Telegraph (PTT). However, with the technological advances made in the telecommunications industry, the industry can no longer be characterized as 'natural monopoly,' and, therefore, the primary rationale for regulating telecommunications industry is undermined. Despite the technological advancements and the move to deregulate telecommunications industry prevalent elsewhere in the world, some developing countries are adamant in maintaining their monopoly over the provision of telecommunications services. What was regulated to protect the consumers against the monopoly abuses is now regulated to extract monopoly profits from the consumers. This paper adopts the premise that whether governments regulate an industry, or deregulate it, or introduce competition in it, they should strictly adhere to the objective of governmental intervention, that is, consumer welfare.
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Villanueva, Hector. "The Challenge of Police and Judicial Reform in Mexico and the Promise of Civil Engagement." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/655.
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This piece examines the lack of rule of law in Mexico through an analysis of police and judicial reform efforts. After providing a historical overview of the development of Mexican policing and the judicial branch, it pinpoints shortcomings of reform operations in the justice sector. It suggests that without addressing corruption and informal procedures in those institutions, meaningful reform and true rule of law in Mexico will be unlikely. The piece then focuses on civil society's capacity to bolster justice reform and act as an agent of rule of law.
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Hoffiani, Mansoor. "The Nexus between Corruption, Sustainable Development and Rule of Law." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76532.
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Waddell, Sarah Kathleen. "The Role of the 'Legal Rule' in Indonesian Law: environmental law and the reformasi of water management." University of Sydney. Environmental Law, 2004. http://hdl.handle.net/2123/673.
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In examining the role of the �legal rule� in Indonesian law, and in particular environmental law related to water quality management, this thesis questions the often expressed view that laws in Indonesia are sound, they merely fail to be implemented. It proposes that this appraisal of the situation does not take a sufficiently deep assessment and that a cause for non-implementation lies within the drafting of the laws themselves. It is argued that the ineffective system for environmental protection in Indonesia can be related to a failure to recognise the role of the �legal rule� in environmental law. A proposition presented in this thesis is that the arrangements for environmental law making in Indonesia lacks a strong rule foundation and, for this reason, it is not capable of producing shared understandings by lawmakers about producing and reproducing environmental law as legal sub-system. Another central proposition is that Indonesian environmental law has a form and style, which negates the role of the legal rule in environmental management and control. Despite the changes brought by reformasi, the central position of the legal rule in environmental law and, indeed, the necessary rule foundation to the development of the legal system, has yet to achieve full recognition. If this situation is related to the system of water quality management and pollution control in Indonesia, it can be seen that environmental improvement will not be achieved until underlying issues concerning the structure, form and style of environmental law making are addressed.
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Gallagher-Mackay, Kelly. "Rule of law and Aboriginal government, the case of Nunavut." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ56175.pdf.
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Swart, Charl. "Contending interpretations of the rule of law in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/85623.
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Thesis (PhD)--Stellenbosch University, 2013.ENGLISH ABSTRACT: The following study examines whether there are contending interpretations of the rule of law present within the South African democracy. The study proposes that the rule of law forms part of the societal understanding of democracy and everyday life. Rule of law is defined in terms of mental models which influence how stakeholders conceive and define institutions. Rule of law is more than a mere institutional guarantee or set of rules — rule of law is understood as a component of a specific culture of understanding. It is shown that conceptions of rule of law have a long history in western society and have been influenced by both liberal and social ideals. Contemporary conceptions of the rule of law are tightly bound with specific notions of liberal democracy. It is hypothesised that there are distinctly identifiable opinions, beliefs and views of the rule of law present in South African democracy, and that these can be systematically described at the hand of a conceptual typology. The conceptual typology developed, identifies two contending interpretations of the rule of law, namely liberal and social rule of law. Liberal rule of law emphasises the status of the individual, moral plurality and the creation and maintenance of a rule-based society of the future. In contrast, social rule of law places emphasis on the status of the community, a single communally defined conception of the moral good and places greater emphasis on righting past injustices. Other publications that address the themes of democracy and the rule of law in South Africa are also examined in order to determine whether there is congruence between the conceptual typology developed in this study and other works. It is found that the conceptual typology is congruent with other works that depict the African National Congress’s conception of democracy, equality and liberty. These congruencies validate and strengthen the conceptual typology developed in this study. The conceptual typology is subsequently applied to a specific court case, the AfriForum v Malema hate speech case. The conceptual typology is found to be sufficiently accurate in analysing contending beliefs associated with the rule of law as expressed in this court case and identifies the African National Congress’s conception of the rule of law as falling under the social rule of law and AfriForum’s conception as aligning to the liberal rule of law. It is concluded that the conceptual typology can be empirically validated at the hand of the selected case. The conceptual typology is therefore validated with other works (conceptually) and with a specific case (empirically). It is concluded that the conceptual typology provides a clear, robust, concise and comprehensive analytical description of values and beliefs associated with the rule of law in South Africa.
AFRIKAANSE OPSOMMING: Hierdie studie ondersoek of daar uiteenlopende en teenstrydige interpretasies oor die oppergesag van die reg teenwoordig is binne die Suid Afrikaanse demokrasie. Die studie stel voor dat die oppergesag van die reg deel uitmaak van die wyse waarop alledaagse samelewingsinteraskies, asook demokrasie, verstaan word. Die oppergesag van die reg word gedefinieer in terme van kognitiewe modelle, wat die belanghebbende partye se konsepsie van hierdie instelling beïnvloed. Die oppergesag van die reg word dus as element van spesifieke kulturele begrip vertolk en meer as institusionele element, wat die behoud van reëls waarborg, beskou. Dit word gewys dat konsepsies van die oppergesag van die reg lang geskiedenis in westerse samelewing het en dat dit deur liberale en sosiale ideale beïnvloed is. Kontemporêre konsepsies van die oppergesag van die reg het noue bande met die liberale demokrasie. Die hipotese is dat daar afsonderlik identifiseerbare opinies, oortuigings en sieninge van die oppergesag van die reg teenwoordig is in die Suid Afrikaanse demokrasie, en dat hierdie opinies sistematies aan die hand van konseptuele tipologie beskryf kan word. Die konseptuele tipologie wat ontwikkel word in hierdie studie identifiseer twee konsepsies van die oppergesag van die reg, naamlik die liberale- en die sosiale oppergesag van die reg. Liberale oppergesag van die reg plaas klem op die status van die individu, morele pluraliteit en die skep en handhawing van reëlsgebaseerde toekomsgerigte samelewing. Hierteenoor word die sosiale oppergesag van die reg gekontrasteer wat klem plaas op die status van gemeenskap of groep, enkele kommunale gedefinieerde konsepsie van die morele doelwit voortsit terwyl die klem geplaas word op die regstelling van ongeregtighede van die verlede. Ander publikasies wat die temas van demokrasie en oppergesag van die reg in Suid Afrika aanspreek, word ook bestudeer om sodoende ooreenkomste tussen die konseptuele tipologie wat hier ontwikkel word, en die bestaande literatuur vas te stel. Daar word gevind dat die konseptuele tipologie wel ooreenkomste met ander werke, wat die African National Congress se konsepsies van demokrasie, gelykheid en vryheid bestudeer, vind. Die ooreenkomste valideer en versterk die konseptuele tipologie. Die konseptuele tipologie word ook toegepas op spesifieke hofsaak, naamlik die AfriForum v Malema haatspraaksaak. Daar word gevind dat die konseptuele tipologie wel akkurate analise van teenstrydige opinies, wat geassosieer word met die oppergesag van die reg, moontlik maak. Die African National Congress se konsepsie word in die kategorie van die sosiale oppergesag van die reg geplaas terwyl AfriForum se siening in die kategorie van die liberale oppergesag van die reg geplaas word. Dit word bevind dat die konseptuele tipologie voldoen aan empiriese validasie aan die hand van geselekteerde saak. Die konseptuele tipologie word daarvolgens gevalideer met ander werke (konseptueel), asook met spesifieke gevallestudie (empiries). Daar word tot die gevolgtrekking gekom dat die konseptuele tipologie duidelike, robuuste, bondige en omvattende analitiese beskrywing van die waardes en oortuigings, wat geassosieer word met die oppergesag van reg in Suid Afrika, beskryf.
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Ring, Fred. "Outsourced Public Service, Make or Break the Rule of Law?" Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-377689.
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Corruption is an area that has intrigued plenty of political scientists. This thesis is an attempt to examine how corruption is affected by the sheer amount of public outsourcing with a sample of countries used in a qualitative multivariate analysis. The variables used to control the correlation are inspired by previous research on what causes corruption, while the sample of countries used are those countries that had representation in the indexes used between 2012 to 2015. The main findings are that spending more on public outsourcing tend to lead to slightly less corruption. These results are inconclusive since the main findings was a non-statistically significant when introduced to my set of control variables. However, there is a silver-lining to this inconclusiveness, that being to pinpoint a mechanism for outsourcing and/or corruption: civil wages.