Search results

Rule of law is essential in reducing corruption in a country. This study aims to investigate the factors contributing to corruption in 41 of the most competitive countries in the Asia-Pacific region by focusing on judicial effectiveness, property rights and government integrity. The moderating role of regulatory quality was also considered in the attempt to explain the association among rule of law and corruption.

This study used pooled ordinary least squares regression and generalized method of moments-dynamic panel for the robustness test on data of 41 Asia-Pacific countries spanning from 2013 to 2021.

Property rights and government integrity were found to be negatively significant in explaining corruption. In contrast, the interaction between rule of law and regulatory quality had a significant positive association with corruption. The findings bring to light Asia-Pacific countries’ need for more effective control of corruption.

The authorities should work towards enhancing the countries’ image as corruption-free nations by creating a stable economic and political environment and preserving macroeconomic stability through strengthened rule of law.

Previous research looked at The Association of Southeast Asian Nations and South Asian countries, but little attention was given to Asia-Pacific countries in examining the relationship between rule of law and corruption.

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

This paper aims to examine the new anti-corruption policy of the National Judicial Council of Nigeria to determine the level of effectiveness of its preventive measures and to provide recommendations on how the policy could be strengthened.

This paper relies mainly on primary and secondary data drawn from the public domain. It also relies on documentary research.

This paper determined that the anti-corruption policy of the National Judicial Council of Nigeria could achieve its desired objectives if the following recommendations are implemented: The Central Bank of Nigeria should permanently discontinue production of large denomination bank notes like the 1,000 naira notes and the 500 naira note. This policy will make it more difficult for corrupt judicial officers to smuggle significant amounts of cash out of Nigeria. The Constitution of the Federal Republic of Nigeria should be amended to allow ordinary citizens to participate in the criminal justice system. The jury system will speed up corruption trials, reduce bias, corrupt inducement of judges and enhance administration of justice in Nigeria. Statutes and civil procedure rules should require lawyers to certify “after reasonable enquiry” that motions have not been interposed for delay. As most courts experience high rates of adjournment because of medical illness, the adjournment policy of the National Judicial Council of Nigeria should be amended to require a doctors’ certificate and, if necessary, require the doctor to appear, with costs met by the lawyer. The National Judicial Council of Nigeria should be constitutionally mandated to provide the Attorney General of the Federation with a copy of any petition filed against a judicial officer by a member of the public.

This paper focuses on the new anti-corruption policy of the National Judicial Council of Nigeria. It does not address the older policies.

This paper offers a critical analysis of the new anti-corruption policy of the National Judicial Council of Nigeria. The paper will provide recommendations on how the policy could be strengthened. This is the only paper to adopt this kind of approach.

This paper aims to explore the effect of corruption in the Eastern European legal system as it implicates German-speaking jurisdictions in cases of international cooperation, especially pertaining to white-collar crimes and mutual legal assistance. This field report considers how during the course of the career of a prosecutor, corruption comes into play and creates a culture which prevents the execution of justice in the native country and in collaboration with the European Union. The invocation of compulsory measures in criminal case proceedings is examined carefully.

The first author is an internationally active lawyer and provides an insight referring to the personal experience of Eastern European prosecutors and the wider impression he has gained of the system in which they operate. This is enforced by his teaching at the International Anti-Corruption Academy in Vienna, where he trains public prosecutors from Eastern Europe and through this collaboration, learns of their experience in the system. The impressions gained from real life are supported by an extensive understanding of the literature, often showing that a key problem is the lack of open discussion on the matter.

German-speaking countries cannot make international proceedings dependent on the findings from Eastern European prosecutor offices. Although there are highly qualified prosecutors at work, there is a systemic corruption evident which threatens the reliability of investigative results. Corruption is evident from the inception of a prosecutor’s career to the most senior positions, showing that bribes account for an adverse selection of prosecutors.

This is a report based on first-hand sources. It elucidates the existing literature with testimony of the current culture and its tangible influence. The implications for international proceedings are paralleled with the history of possible corruption in a prosecutor’s career, the juxtaposition of which depicts a striking reality. Above all, the cyclical nature of corruption in the legal system is highlighted.

Opinion polls show that contributions to judicial candidates create an appearance of corruption. This perception damages the institutional legitimacy of the courts. This chapter explores the relationship between integrity ratings of Illinois trial judges and campaign contributions. Specifically, it examines the Illinois State Bar Association judicial poll integrity scores of 253 elected judges seated in 101 Illinois counties during 1994–2012. Regression analysis reveals that judicial candidates’ integrity scores declined as (a) the amount of attorney contributions increased; (b) the number of reported attorney contributors enlarged; and (c) the number of large attorney contributors grew. This chapter also discusses the efficacy and limitations of four policies meant to diminish the appearance of corruption: recusal and disqualification rules; anonymous contributions; public financing; and the elimination of the election of judges. Although a radical solution, the policy of abolishing judicial elections is more likely to overcome the appearance of corruption than the other reforms.

Iraqi society has suffered from loss or fragility of human security since 2003. The developmental policies, programs and plans of the successive Iraqi Governments throughout the transitional period have not been able to achieve human security, despite the availability of different resources. They have also not prevented or limited the spread of corruption, according to domestic and international reports. Now the country faces a large phenomenon of corruption and the dilemma of human security loss. This study aims to ascertain the nature of the relationship between the phenomenon of corruption and the dilemma of loss or fragility of human security in Iraq since 2003 to learn about the form of this relationship, how the selected variables contribute to the two phenomena and determine the degree of impact of corruption and its dimensions on human security and its components.

This research uses the social survey methodology of the sample taken from the Iraqi society and benefits from system analysis approach to identify the inputs and outputs of the variables researched. Moreover, the study uses the case study methodology to collect data and information precisely in an in-depth manner to support qualitative and quantitative analysis and clarifies the situation at the macro level of both phenomena.

Findings show the prevalence of corruption structurally in the Iraqi state and society. The contribution of dimensions and selected indicators in the spread of corruption and lack of human security varies. Findings also underline a strong statistical correlation between the two variables and their reverse relationship. In other words, the more the corruption is, the less the opportunities of human security are. There is also a strong impact of corruption and its dimensions on the conditions of human security factors.

The paper provides profitable findings and recommendations, which can be used by the Iraqi relevant institutions to eliminate corruption, achieve human security and benefit from its indicators in research and development.

The new addition of this research can be represented by linking the two phenomena and trying to build national standards with the capacity to describe, interpret and predict.

The purpose of this paper is to diagnostically explore the phenomenon of judicial corruption in Nigeria, its causative factors and generate strategies such as sonic therapeutic intervention, among others, that would facilitate an amelioration of the situation. The judiciary which is supposed to be last hope of justice for the Nigerian citizenry has been proven beyond reasonable doubt to have been infected with the virus of corruption, and therefore, an urgent call for action to rectify the situation is imperative.

The study uses a qualitative approach rooted in case study tradition.

The findings showed that power and testosterone, cheating proclivity, family pressure, qualitative passion and ignorance, low self-control, inordinate kleptocratic desire, unrestrained mind and sensory modalities, phenomenological mindset and identity crisis as endogenous contributive factors of judicial corruption in Nigeria.

The limitation of the study stemmed from the fact that inasmuch as a perception of corruption and corruption are cultural phenomena, the study results cannot be generalizable.

The practical implication of the research is rooted in the fact that the Nigerian judiciary can gain from the study results and recommendation(s) if implemented without fear or favor for the overall renewal of the judiciary and the nation at large.

The study is geared toward ameliorating the Nigerian corrupt judiciary or repositioning the judiciary on its pivotal dignity, and hence, its social implication cannot be overemphasized inasmuch as a positive social change would prevail if the study results and recommendation(s) are aligned with and implemented.

Inquiry on judicial corruption through the lens of qualitative research with Nigeria as a case study is highly understudied, and hence, this research fills the gap in the financial crime literature.

This paper aims to examine the growing incidence of judicialisation of politics in Nigeria's democratisation experience against the backdrop of questionable judicial accountability.

The article draws on legal and political theory as well as comparative law perspectives.

The judiciary faces a daunting task in deepening democracy and (re) instituting the rule of law. The formidable challenges derive in part from structural problems within the judiciary, deficient accountability credentials and the complexities of a troubled transition.

Effective judicial mediation of political transition requires a transformed and accountable judiciary.

The article calls attention to the need for judicial accountability as a cardinal and integral part of political transitions.

The purpose of this paper is to emphasize that East Asia and South East Asia, despite enormous economic advances, have a deficit on rule of law, analysed as either judicial autonomy and legal integrity (rule of law I) or as voice and accountability (rule of law II).

First, a distinction is made between two key aspects of rule of law; second, these two aspects are measured by data from the World Bank Governance project, relating them to various measures on socio‐economic development and economic growth.

It is not generally true that development leads to or entails freedom, as several countries in the ASEAN +3 region display low scores on either one of the dimensions of rule of law or both.

In both research and in practice, one needs to devote more effort into understanding how rapid economic development may be possible without strong rule of law, either as legal integrity and judicial autonomy, or as voice and political accountability. In the process of globalisation, demands for more of rule of law in this region appear justifiable.

This paper provides useful information on economic development and political development, which is highly relevant for understanding the implication of economic growth in the countries in ASEAN +3.