Many political theorists view the ruleoflaw with suspicion. On the one hand, it can appear mere political
rhetoric. For example, politicians habitually invoke the doctrine to suggest
that any failure to comply with decisions made within the current political
system leads to anarchy and the end of law. Opponents must play by the rules
of the game and, when they lose, obey the winners. So
Prentice’s elevation to the Shadow Cabinet placed him in the front-line
of Labour politics for the first time, bringing with it a greater level of
responsibility and authority. In appointing him as Labour’s foremost
spokesman on industrial relations, Wilson appeared to have made an
uncontroversial choice. His overriding concern was to maintain party
unity and his own leadership, especially as he felt threatened by both Left
and Right in the wake of the Jenkinsite resignations.1 Having struggled
to contain divisions over Europe, Wilson wanted to
Extending the rule of law
Adoption of the International Convention on the Elimination of All
Forms of Racial Discrimination (ICERD/the Convention) was a significant forward step in the extension of the ruleoflaw. That process
had begun in classical antiquity with the recognition of ius gentium,
the law of peoples, as a step above the laws of particular peoples. It
also featured in the conception of natural law, according to which the
State must respect a lawfulness that is not of its own creation. So the
story of human rights law
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Strengthening the ruleoflaw: managing the
criminal facets of war economies
IVEN THAT much of the activity surrounding war economies is considered
to occur in the criminal realm, strengthening the ruleoflaw (RoL) has
come to be seen as central to the DSI’s transformation agenda. In
theory, effective investigation, capture and prosecution of criminal actors will
help to dismantle ongoing links between illegal economic activities and
political violence. Building up the RoL may also act as a
The Georgian colonies of New South Wales and Upper Canada, 1788–1837
ruleoflaw as its guarantee. Conservatives tended to hew to a
narrow conception that tied legitimacy to the satisfaction of
essentially formal requirements of a decision according to law. By
contrast, radical and reformist Whigs were inclined to relate it to
the achievement of greater political equality, the placing of
constitutional limitations on government power and the redress of
The book provides an analysis of the contemporary state of the British constitution, identifying ambiguities and the changing relationships at the heart of the constitution. It offers a succinct and accessible overview of the core features of how the UK is governed – the key principles and conventions underpinning the constitution and how they are under pressure. It is essential for anyone wanting to make sense of the UK constitution in a period of constitutional turbulence, not least following the referendum to leave the European Union, three general elections in five years, major judgments by the UK supreme court, governments suffering major defeats in the House of Commons, and pressure for more referendums, including on Scottish independence and on remaining in the European Union. Each chapter draws out a core feature of the constitution, not least a relationship between different organs of the state, and offers an explanation of its shape and operation and the extent to which it is changing. It examines the key principles underpinning the UK constitution, the extent to which they are contested, and how political behaviour is shaped by convention.
looming environmental disasters. Domestically, the liberal social contract is
coming apart in many Western states as the coalition of those who have not benefited from the
decades of wealth accumulation after 1979 turns to populist politicians and looks for scapegoats,
with experts, immigrants and Muslims seen as prime targets. The commitment to liberal
institutions that create limits to the scope of political competition – rights, the ruleoflaw, freedom of the press – and to the basic level of respect due to all persons, be
they citizens or refugees
Lessons Learned for Engagement in Fragile and Conflict-Affected States
Government of South Sudan for a Livestock and Fisheries Development Project .
World Bank : Washington, DC .
Yang , S. X. and Logo , H. K. ( 2015 ), UNDP South Sudan Access to Justice and RuleofLaw Project .
Mid-Term Evaluation Report .
United Nations Development Program (UNDP) .
Appendix: Bibliography of Evaluations
Action Against Hunger
. ( 2004 )
Evaluation of the Nutritional Surveillance Activities of ACF-USA and Analysis of the Nutritional Situation in South Sudan 2004 .
Does parliamentary sovereignty trump the rule of law?
determining the rights of private persons in cases brought before the courts. 4
Understanding both is necessary to make sense of the UK constitution. However, there are two problems. One is that the definition of the ruleoflaw is contested. The other is that, despite Dicey’s claim as to their kindred nature, they are not necessarily compatible with one another. Who wins in the event of the conflict?
Dicey’s definition has been variously challenged. 5 The first of his three conceptions, which saw the prohibition on arbitrary power as extending to the
share in the
legislation ’ is not merely a British Right ,
peculiar to this island , but it is also a Natural Right ,
which cannot, without the most flagrant and stimulating injustice, be
withdrawn from any part of the British Empire’. 1 In addition
to the liberty and ‘natural equality’ that Sharp
pronounced as part and parcel of Britain and its Empire, the ruleoflaw