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The Australia-China Chamber of Commerce and Industry |
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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. |
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