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Lecture 5. Institutional Forms of the Rule of Law |
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Internet Research Materials:
Questions for Seminar Discussions:
- Discuss the Guillermo O’Donnell’s five states of legality: anarchy, despotic rule, “rule by law,” “rechtsstaat,” and democratic rule of law. Do you accept this categorization? Do you agree with Prof. Jensen’s claim that there can be “pockets of performance,” so that different geographical regions or aspects of a country’s legal system can be at different states of legality? Can you give examples from the Russian experience? Other examples?
Key terms:
"Thick" vs. "Thin" definition of RoL
Clear in Meaning
Transparency
Appeal
Independent Judiciary
Informal Constraints
Bureaucratic Caprice
Regime Change
Widely Known
Applied Equally
Reasoning
Legitimate Authority
Formal Rules
Economic Growth and Development
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