This study researches the Islamic Penal System within a penological perspective. The philosophy underlying this Penal System is that every person is responsible and thus punishable for his criminal actions. Punishment could also await the offender in the Hereafter. A system of penalties and rewards is the cornerstone of the Islamic Penal System. The types of punishment that are allowed by the Shari'ah are, inter alia: the death penalty, lashes, banishment, imprisonment, crucifixion, lapidation and public exposure. There are three categories of punishment: Hadd punishment is reserved for serious offences and cannot be altered in any way whatsoever, Qisas punishment is reserved for homicide and assault, whilst Ta'zeer penalties cover the balance. Since this Penal System can only operate within a true Islamic State, it currently only operates fully in Iran and Saudi Arabia. Numerous other Muslim countries apply this system to a lesser degree, for example, Sudan and Afghanistan. / Penology / M.A. (Penology)

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.

This study researches the Islamic Penal System within a penological perspective. The philosophy underlying this Penal System is that every person is responsible and thus punishable for his criminal actions. Punishment could also await the offender in the Hereafter. A system of penalties and rewards is the cornerstone of the Islamic Penal System. The types of punishment that are allowed by the Shari'ah are, inter alia: the death penalty, lashes, banishment, imprisonment, crucifixion, lapidation and public exposure. There are three categories of punishment: Hadd punishment is reserved for serious offences and cannot be altered in any way whatsoever, Qisas punishment is reserved for homicide and assault, whilst Ta'zeer penalties cover the balance. Since this Penal System can only operate within a true Islamic State, it currently only operates fully in Iran and Saudi Arabia. Numerous other Muslim countries apply this system to a lesser degree, for example, Sudan and Afghanistan. / Penology / M.A. (Penology)

Thesis (M.LAW) --Univesity of Limpopo, 2010 / This 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.

Thesis (Ph. D.)--University of Hong Kong, 2009. / Includes bibliographical references (p. 284-299) Also available in print.

This paper studies determinants of FDI in Turkey using panel data analyses. The results of the study show that political stability, education level, rule of law, and trade cost have significant impact on FDI inflow in Turkey while similarity in economy size of home and host country (Turkey) has not. The effect of the trade cost and rule of law was surprising but it gave a clue to new research area. It was concluded that next studies of FDI determinants in Turkey must be conducted at firms' level to better understand the behaviour of foreign direct investments in the country.

The main question in this research project is whether regional integration promotes the rule of law in ASEAN. The thesis has adopted a functional, rather than conceptual, approach to understanding the rule of law and its development in regional integration. While the approach reflects an instrumentalist function of the rule of law, the study provides a holistic and interdisciplinary approach taking account of the legal, insitutional, and political processes in the state, the region, and international relations to show the motivations and interests of member states in adopting a peculiar type of regional arrangement. The research project has taken the European Union for comparison, not as a model in the strict sense, to identify the development of legal and institutional processes that build the foundation of the rule of law and the factors that drive the evolution of state-like constitutionalism. Common legal tradition of the rule of law, leadership role of key member states, and regional institution building ??? are the main processes in the development of the rule of law in the EU and are either lacking, different, or weak in the context of ASEAN. However, an evolving form of the rule of law exists in ASEAN. The rule of law in ASEAN integration is designed to provide a stable and coherent framework for interstate relations among member states and to achieve effective implementation of the member states??? economic commitments. ASEAN has adopted an instrumentalist conception of the rule of law and one based on ???thin??? constitutionalism, as reflected in the ASEAN Charter. The features of the rule of law in ASEAN are ??? state-controlled, limited, evolutionary and resting on soft legal regime. ASEAN has chosen a different path at regional integration and globalization has offered new techniques of the rule of law. Regionalism in ASEAN remains statist in character and the ASEAN Way is still entrenched. There are significant developments towards adopting a broader basis of regional cooperation and opportunities for developing the rule of law in ASEAN. To broaden the function of the rule of law in regional integration, as a mechanism of accountability and as a form or restraint, ASEAN needs to adopt initiatives aimed at expanding political participation and respect for human rights. The European Union offer points of learning for ASEAN in achieving a broader function for the rule of law in ASEAN integration.

Based on the domestic model of law, many assume that the global rule of law requires a world government with a central law-making body, a hierarchical court system, and a supranational system of coercive enforcement. Since there are important problems with the practicality and desirability of a world government, I defend a decentralized conception of the global rule of law without a world government. I begin by examining Immanuel Kant’s theory since he argued that a supreme sovereign is required for a lawful condition within states while recognizing certain limitations with applying this idea to the international level. I argue that Kant proposed a voluntary league of states without coercive public law in part because a supreme coercive authority at the global level would conflict with the sovereignty of nation-states and undermine the civil condition within states. In Chapter Two, I argue that theories of dispersed or shared sovereignty can resolve this problem. However, since there are further problems with even a federal world government, I consider whether the rule of law can be developed without a world government. I argue that the most important feature for the global rule of law is the impartial determination, interpretation and application of international law by various authoritative adjudicative and administrative institutions. There are two important challenges to my view. First, many argue that international law is not really “law” unless it is effectively enforced through a central system of sanctions; without this, it can at most create moral obligations but not true legal obligations. To the extent that such arguments assume a coercion-based conception of law, my response draws on H.L.A. Hart’s rejection of the command theory of law. The second challenge concerns democratic legitimacy. I argue that global administrative law can partly address concerns with legitimacy by using rule of law principles to limit the arbitrary exercise of power by transnational institutions and increase their accountability.

Based on the domestic model of law, many assume that the global rule of law requires a world government with a central law-making body, a hierarchical court system, and a supranational system of coercive enforcement. Since there are important problems with the practicality and desirability of a world government, I defend a decentralized conception of the global rule of law without a world government. I begin by examining Immanuel Kant’s theory since he argued that a supreme sovereign is required for a lawful condition within states while recognizing certain limitations with applying this idea to the international level. I argue that Kant proposed a voluntary league of states without coercive public law in part because a supreme coercive authority at the global level would conflict with the sovereignty of nation-states and undermine the civil condition within states. In Chapter Two, I argue that theories of dispersed or shared sovereignty can resolve this problem. However, since there are further problems with even a federal world government, I consider whether the rule of law can be developed without a world government. I argue that the most important feature for the global rule of law is the impartial determination, interpretation and application of international law by various authoritative adjudicative and administrative institutions. There are two important challenges to my view. First, many argue that international law is not really “law” unless it is effectively enforced through a central system of sanctions; without this, it can at most create moral obligations but not true legal obligations. To the extent that such arguments assume a coercion-based conception of law, my response draws on H.L.A. Hart’s rejection of the command theory of law. The second challenge concerns democratic legitimacy. I argue that global administrative law can partly address concerns with legitimacy by using rule of law principles to limit the arbitrary exercise of power by transnational institutions and increase their accountability.

none