New trend of comparative law and formation of rule of law on Mongolia
0
조회
0
다운로드
0
인용
0
참고문헌
키워드
초록
Since the democratic transition of Mongolia in 1992, Constitution guaranteed the human rights and freedom, which are set to be the fundament of Rule of Law. This article examines the importance and role of the comparative law in development of the law science. It also discusses the rule of law as an indicator to evaluate and determine the comparative law development and its recent trend - classification approach, and referred the analysis of the rule of law development and the challenges in Mongolia, developing country. On a basis of three principles of the rule of law as indicators, it strives to determine Mongolian national legal system in terms of classification proposed by Ugo Mattei and concludes the progress and problems. It also suggests further steps to be taken in order to promote the further development of rule of law in Mongolia.
Abstract
Since the democratic transition of Mongolia in 1992, Constitution guaranteed the human rights and freedom, which are set to be the fundament of Rule of Law. This article examines the importance and role of the comparative law in development of the law science. It also discusses the rule of law as an indicator to evaluate and determine the comparative law development and its recent trend - classification approach, and referred the analysis of the rule of law development and the challenges in Mongolia, developing country. On a basis of three principles of the rule of law as indicators, it strives to determine Mongolian national legal system in terms of classification proposed by Ugo Mattei and concludes the progress and problems. It also suggests further steps to be taken in order to promote the further development of rule of law in Mongolia.
참고문헌 (15)
- Peter de Cruz, "Comparative law in a changing world", pp.31~ (1995), Cavendish publishing limited
- Ugo Mattei, "Three Patterns of Law: Taxonomy and Change in the World’s Legal Systems", Am. J. Comp. L, 45(5), pp.s12~s36
- Rudolph B. Schlesinger, , 545~ (1988)
- F.А.Hayek, "Road to Slavery", UB, 73~ (2004)
- Preamble, "Universal Declaration of Human Rights", ~ (1948)
- Barnabas D.Johnson, "Lloyd’s Introduction to Jurisprudence" (2001), Sweet & Maxwell LTD
- М.Batsuuri, "Ch.Unurbayar, Rule of Law", UB, ~ (2011)
- Jurg Paul Muller, "Human rights and issues related to internal and external security. Human rights and national security", Compilation of international symposium materials, pp.76~ (1996), UB
- D. Neil MacCormick, "The Rule of Law", pp.72~ (1997), Konrad-Adenauer-Stiftung
- "The New Encyclopedia. Vol. 25", pp.979~
- "Constitution of Mongolia. Second and Third Chapters. In the Constitutions of 1924, 1940, and 1960 the Chapter on Human Rights came after the Chapter on State Structure. This is connected with the idea that human rights are instituted by the state", ~
- Rule of law in Mongolia. Report of the speeches delivered during the first form of Young scholars under the auspices of the President, , UB, ~ (2005)
- Ts. Sarantuya, "Constitutional procedure: fundamental concept and urgent issues", UB, ~ (2005)
- N.Lundendorj, "Transition Period: Political and Legal Issues", UB, ~ (2010)
- B.Chimid, "Through the eyes of current politicians and lawyers", UB, ~ (2006)
