Rule of Law
Last updated: 29 December 2015
Later sources are placed last
Rule of Law and Culture, by Michael C H Jones, President ACCCI, 6 December 2002.
Convergence and the Judicial Role: Recent Developments in China, by J J Spigelman, AC, Chief Justice of New South Wales, 11 July 2002
Various agencies, “China Jails Dissident Liu for 11 Years”, The Sydney Morning Herald, 26 December, 2009. Available at: http://www.smh.com.au/world/china-jails-dissident-liu-for-11-years-20091225-lf23.html
Stuart Washington, “Litigation Lessons for ASIC”, The Sydney Morning Herald, 26 December 2009. Available at: http://www.smh.com.au/business/litigation-lessons-for-asic-20091225-lexv.html.
John Garnaut, “Children of the Revolution”, Sydney Morning Herald, 13 February 2010. Available at: http://www.smh.com.au/world/children-of-the-revolution-20100212-nxjh.html
Sarah-Jane Tasker, “Tell China We Deal from Different Deck”, The Australian, 15 February 2010. Available at: http://www.theaustralian.com.au/business/in-depth/tell-china-we-deal-from-different-deck/story-e6frgah6-1225830279397.
Francis Fukuyama, “Transitions to the Rule of Law”, Journal of Democracy, Vol. 21, No. 1 (January 2010), pp. 33-44. Available at: http://glennschool.osu.edu/faculty/brown/Failed%20States%20Readings/Transistions%20to%20Rule%20of%20Law.pdf. Fukuyama suggests a framework for thinking about the questions as to why the rule of law is stronger in some countries than in others, how it evolves in relation to other institutions. He concludes that for some geopolitical areas “the rule of law existed before anyone tried to construct a strong modern state. As a result, law prevented the most tyrannical forms of a strong state from ever appearing in the first place. We should admit, however, that we have very little historical experience in successfully constructing a rule of law in societies where this pattern is reversed and where a strong state precedes law.”
Raoul Wallenberg Institute of Human Rights and Humanitarian Law, “Rule of Law: A Guide for Politicians”, Lund University, Sweden and the Hague Institute for the Internationalisation of Law, 2012. Available at: http://rwi.lu.se/wp-content/uploads/2012/09/Rule-of-Law-a-guide-for-politicians.pdf. The booklet was presumably designed mainly for politicians in emerging countries whose legal system is not yet fully developed. It is nevertheless of value to other people from nation-states having a well developed legal system in discovering why a rule of law is necessary both nationally and internationally.
Kenneth Harkness, “The Role of the Law in the Battle of Ideas”, Quadrant, Vol. 57, No. 3 (March 3013). Available at: http://www.quadrant.org.au/magazine/issue/2013/3/the-role-of-the-law-in-the-battle-of-ideashttp://www.quadrant.org.au/magazine/issue/2013/3/the-role-of-the-law-in-the-battle-of-ideas. This is the text of a speech by Kenneth Harkness to the City of Sydney Law Society on 14 November 2012 to mark the end of his three-year term as the society’s president. One of his most quotable comments in the speech is: “if we would truly wish to be instruments for good in the world, then we should look first to character rather than to causes.”
Lilia Shevtsova, “Is Democracy in Retreat?” The American Interest, 4 June 2013. Available at: http://www.the-american-interest.com/article.cfm?piece=1434. The author poses five questions that must be answered in the affirmative before progress toward freedom and the rule of law can be achieved: (1) Can civil society in an authoritarian state become an agent of change? (2) Can political opposition of various “stripes” cooperate sufficiently to lay the foundation for a rule of law? (3) Can the middle class in any regime break from the state to become an agent of change? (4) Can liberals rehabilitate the tarnished reputation of liberalism? (5) Can the opposition neutralise religious fundamentalism when it seeks to become the pillar of a traditional state?
Stephen Zunes, “Republican and Democrat Candidates Defend Killing Civilians to Fight Terrorism,” Eurasian Review, 27 December 2015. Available at: http://www.eurasiareview.com/27122015-republican-and-democrat-candidates-defend-killing-civilians-to-fight-terrorism-oped/. “There has been a lot of consternation expressed in the media at a series of statements by Republican presidential candidates during their most recent debate and elsewhere in which a number of them appeared to be advocating the large-scale killing of civilians through aerial bombardment as a legitimate means of defeating the so-called “Islamic State.” Comment by Michael C H Jones at: http://www.accci.com.au/JonesCommentonZunes.pdf.