“Good Governance” is a term used worldwide to measure, analyse and compare, mainly quantitatively and qualitatively, but not exclusively, public governments, for the purpose of qualifying them for international developmental aid, for improving government and administration domestically, etc. |
European Journal of Law Reform
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Editorial |
Sir William Dale Memorial Issue |
Authors | Dr. Helen Xanthaki |
Miscellaneous |
Repentance at Leisure: The Politics of Legislation and the Law of Unintended Consequences |
Authors | Shami Chakrabarti |
Author's information |
Article |
Good Governance |
Keywords | international cooperation, state administration, substate-level administration, steering non-governmental bodies, principles of Human-Rights-and-Rule-of-Law, democracy structures, procedures and manpower of administration |
Authors | Prof. Dr. Ulrich Karpen |
AbstractAuthor's information |
Article |
Act of Parliament: The Role of Parliament in the Legislative ProcessA Commonwealth Perspective |
Keywords | parliament, legislation, pre-legislative scrutiny, supremacy of parliament, delegated legislation, Uganda, legislative process |
Authors | Denis Kibirige Kawooya |
AbstractAuthor's information |
Whereas making law is one of the principal functions of Parliament, Parliament plays a very limited role in the legislative process. In Uganda, like in many commonwealth jurisdictions due to the role the Constitution has given to Parliament, the legislature should take a more active role in the legislative process. The paper examines the legislative authority of Parliament, the concept of Parliamentary supremacy, pre-legislative scrutiny and whether Parliament should be involved in the scrutiny of delegated legislation. |
Article |
Legislative Drafting Tools for Stabilization Provisions and Economic Balancing Provisions |
Keywords | legislative drafting, stabilization, economic balancing provisions |
Authors | Linnet Mafukidze |
AbstractAuthor's information |
The article outlines the problems with stabilization provisions in national oil or gas legislation with regard to the difficulty of governments to implement legislation to develop its economic, social and environmental regimes. It also seeks to provide a potential guideline for legislative drafters in order to address the problems wrought by stabilization provisions, in national oil or gas legislation, through the use of economic balancing provisions. The article further gives tools for legislative drafters to use when drafting economic balancing provisions. |
Article |
Is Compliance with International Humanitarian Law Susceptible to Logical Measurement? |
Keywords | International humanitarian law, interests, States, power |
Authors | Ilias Bantekas |
AbstractAuthor's information |
The application of international humanitarian law by States is necessarily dependent on factors such as “interests” as well as certain “qualities” of States, such as size or wealth. Despite their contractual undertakings, nations fully apply the jus in bello under the terms of a particular formula. This article depicts this formula in a very rudimentary manner, positing that compliance is measureable and corresponds to a number which is derived by adding a State’s interests and qualities. |
Article |
Establishing Protection Mechanisms for BureaucratsThe Case of the Independent Oversight Board of Civil Service of Kosovo |
Keywords | Kosovo Civil Service, Civil service, Oversight Board, law, reform |
Authors | Dren Doli, Fisnik Korenica and Artan Rogova |
AbstractAuthor's information |
This article discusses the position and powers of Kosovo’s Civil Service Oversight Board, mainly from a legal perspective. The article describes the reforms undertaken upon the Board and the civil service in Kosovo, while illustrating the central pillars of concern in regard to both the international presence and domestic institutions in Kosovo. The article then explains the three reforms and reviews each of the main legal changes the Board and the civil system have experienced, respectively. The last section of the article comprises an institutional review of the powers and the position of the current framework on the Civil Service Oversight Board, while allowing a part of the article to question its independence and pluralism. The article culminates with policy suggestions that would make the work of the Board, and the entire civil service, more independent and accountable to its mission. |
Article |
Constitutional Review in the Caribbean |
Keywords | Guyana, electoral reform, constitutional reform, international human rights law, Caribbean |
Authors | Avril Anande Trotman-Joseph |
AbstractAuthor's information |
Guyana, South America, is a former colony of Britain and the only English-speaking country in South America, but has more in common with its English-speaking Caribbean neighbours. Constitutional reform and resulting constitutional amendments were precipitated in 1999-2000 by civil unrest following national elections and dissatisfaction by the major opposition with the outcome of an election characterized by ethnic differences between respective supporters of parties backed by followers of traditionally Indian, African and Amerindian origin. This process was a brokered effort to ameliorate the national dissatisfaction and an opportunity for civil society representatives and political representatives of the unicameral House of Parliament to work together in recommending electoral and constitutional reform. The outcome was the radical reform and modernization of the constitutional entrenchment of the modern concepts of international human rights law. In this regard Guyana is ahead of the other sister nations of the Caribbean, CARICOM grouping in terms of constitutional advancements. However, the political will to realize far-reaching electoral and governance reforms, as well as the effective implementation of the entrenched human rights reforms, still lags behind, despite the amendment of the constitution, the appointment of several commissions and the establishment of a parliamentary oversight committee tasked with continuous constitution review. |