Suchergebnisse

This study traces the development of party law from its first appearance in the early 20th century to its re-appearance in post-transitional Latin America and demonstrates how legislators frequently use party law to legally validate the participation of political parties in the electoral process. Through an analysis of instances of cartelising party laws and party deregulation, this article shows that the cartelising use of party law is often followed by a backlash when society and new elites contest parties' monopolisation of representation. The legal validation of political parties is hence not sufficient for the legitimisation of the political status quo in terms of party. Instead, this article shows that elites that build their power merely on formal rules risk diminishing the political legitimacy of the system that these rules seek to uphold.

AbstractIn recent years, the Chinese Communist Party has declared that its governance
must dominate over all aspects of law-making and enforcement, declaring that its
leadership must be implemented across the entire process of governing the
country in accordance with the law. Contemporaneous to this new way of thinking
about the law-Party nexus is a propaganda push to integrate moral values into
the law. This paper is about moralizing governance in the Xi Jinping era. It
explores the ideology behind the promotion of this morals–law
integration, focusing on the Socialist Core Values in the legal realm under the
current Xi Jinping administration. We do so from two interrelated perspectives.
The first examines the relationship between law and morality. Here, we argue
that the Party's calls for a law–morality amalgam can be
understood as a form of "pan-moralism." The second looks at the
supremacy of Party rule, extending the theory of the "Leviathan"
proposed by Thomas Hobbes to take into account the Party's morality push.
This two-pronged argument enables us to assert that the Xi Jinping
administration is creating a "virtuous Leviathan."

Analyse der im Anhang abgedruckten Gesetzesvorlage hinsichtlich ihrer Legitimität und besonders der vorgesehenen Beschränkungen und Auflagen für offizielle Parteien, z.B. in bezug auf Parteizeitungen und Kontakte ins Ausland. (DÜI-Ham)

The third article in the series on party walls discusses the evolution of its legislation through case law.

The use of third-party countermeasures is an increasingly common phenomenon in international relations, yet their legal position remains uncertain. Providing the first systematic and comprehensive study of this key concept in international law, Martin Dawidowicz explores the position of third-party countermeasures and their safeguards regime based on the development of ideas on countermeasures in the UN International Law Commission and a thorough examination of state practice. The book clarifies the position of third-party countermeasures in international law, and in doing so challenges some widely held assumptions about the likely impact of a regime of third-party countermeasures on international relations. It will be of interest to international law and relations scholars and students, diplomats, policy makers, international civil servants and non-governmental organisations (NGOs) in the field of human rights