What does this mean for our notions of monism and dualism? The End of the Democratic Transition? They converge in tackling empirical and normative questions, and suggest further connecti. An analysis of change of functions, organization, and regulation over the period of past two decades is done to see how the philosophy of public sector control in Lithuania evolved and how this changed the practices of control. . The data for analysis is derived from legal documents and relevant institutional reports. This paper wants to encourage the development of a dialogue between law and politics, legal studies and political science, in order to investigate better and reach a deeper understanding of how and why under specific conditions governments ruled by rules - which are still made by men - represent favorable conditions to democratic processes and processes of state building. Using new theoretical insights and empirical data, the contributors develop a model to analyze the transitional processes of Romania, Turkey, Serbia and Ukraine.
By carefully examining the cases included in our sample, we provide a detailed explanation for why, at least as far as democratic qualities are concerned, the Asia-Pacific region may be exceptional and unique. Attempts at increasing entrepreneurship in the public sector are often matched by increased control. The Rule of Law as an Institutional Ideal, Gianluigi Palombella 2. The Two 'Rules of Law' between Transition to and Quality of Democracy, Leonardo Morlino 3. Leading scholars address the interplay between rule of law and democracy, the most relevant ideals for our present civilisation in the legal and political spheres, at the same time making sense of the different ways in which legal requirements, social commitments, and democratic standards are expected to interweave. Second, there is the conceptual level.
He published several books and a large number of articles or chapter in book on democratic theory with a special focus on Sout and East Europe. This state of affairs opens up various sets of questions. Whereas future Member States are vetted for their compliance with these values before they accede to the Union, no similar method exists to supervise adherence to these foundational principles after accession. In the comparative research we present here as the introduction to a set of case studies, we first assess the quality of democratic procedures, content and outcomes in eight countries in the Asia-Pacific region on the basis of quantitative and qualitative data. Responsibility: edited by Leonardo Morlino and Gianluigi Palombella. The paper uses a methodology that examines and reconstructs the legitimating status of rule of law in the constitutional provision of post-communist states.
In contrast to our previous empirical findings demonstrating that all the qualities go hand in hand, that participation and competition are the main determinants of democratic qualities, and that the democratic qualities form a funnel of causality, the present study suggests a different set of conclusions. Contributors are Monica Ciobanu, Christian Joerges, Poul Kjaer, Friedrich Kratochwil, Leonardo Morlino, Gianluigi Palombella, and Daniela Piana. In the Asia-Pacific region, the democratic qualities are weakly related to one another, do not form a funnel of causality, and participation and competition are not the main drivers of democratic quality. This paradox of increased control produces greater bureaucracy and this risks limiting entrepreneurship in both private and public sectors. How Il Liberal is the Liberal Theory of Law? Contributors are Monica Ciobanu, Christian Joerges, Poul Kjaer, Friedrich Kratochwil, Leonardo Morlino, Gianluigi Palombella, and Daniela Piana.
Italy provides an example of this phenomenon; yet very little has been said about the potential spill over or the unintended effects the quality of justice-oriented agenda has had on the political system. They converge in tackling empirical and normative questions, and suggest further connections between rule of law and democracy. Despite the vast literature focusing on these phenomena, very little has been said on the impact that the recent development of the quality of justice mainstream The European Union is founded on a set of common principles of democracy, the rule of law, and fundamental rights, as enshrined in Article 2 of the Treaty on the European Union. How Il Liberal is the Liberal Theory of Law? First, it is the idea of rule of law which demands adherence to due process, proportionality and adherence to regulation at all times in all public activities Palombella 2010. Constitutionalizing Governing and Governance in Europe, Poul F. Leonardo Morlino is Professor of Political Science at Istituto Italiano di Scienze Umane, Florence.
There are two mechanisms in the Lithuanian regulation which are supposed to aid in dealing with this problem. He has extensively published on fundamental rights, democracy and the rule of law. And this needs to be taken to account when designing pro-entrepreneurial policies. He has extensively published on fundamental rights, democracy and the rule of law. The present article fills this gap by referring to fresh data drawn from a long-running research project the author is carrying on.
The End of the Democratic Transition? How widespread is the problematique, and how if at all are courts or other law-applying agencies handling this type of situation? The quality of justice is nowadays one of the central and most debated issues on the agenda of international and European politics. Second, we investigate whether, to what extent, and how democratic qualities relate to one another. The Rule of Law as an Institutional Ideal, Gianluigi Palombella 2. Some Critical Remarks on Slaughter's Approach, Friedrich Kratochwil Index Leonardo Morlino is Professor of Political Science at Istituto Italiano di Scienze Umane, Florence. Rule of Law and Democracy : Inquiries into Internal and External Issues. Contributors are Monica Ciobanu, Christian Joerges, Poul Kjaer, Friedrich Kratochwil, Leonardo Morlino, Gianluigi Palombella, and Daniela Piana.
The E-mail message field is required. Through a reappraisal of the theoretical import of the concepts the contributors provide for a fresh set of inquiries, internal and external, ranging from the State, consolidated and transitional democracies, to interstate, European and global scenarios. The paper describes the development of the Lithuanian public sector control in an attempt to evaluate how its changes affect possibilities for entrepreneurship both in the public and private sectors. Introduction: Is soft power effective? Constitutionalizing Governing and Governance in Europe, Poul F. We reach the conclusion that responsiveness could be achieved by a transition from a rule by law — often coupled with the prominence of patronage, patrimonialist practices and privileges for the elite — to a proper rule of law. Analyzing the Quality of Democracy Model in Post Communism, Monica Ciobanu 5.