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Because being a Judge at the European Court of Human Rights means a hard work, you see, my spare time is very limited, and that's why, please contact me only for important matters or I will not be able to answer you... Thank you :-) ----------------------------------------------- The Rule of Law, in its most basic form, is the principle that no one is above the law. Thomas Paine stated in his pamphlet Common Sense (1776): "For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other." In England, the issuing of the Magna Carta was a prime example of the "rule of law." The Great Charter forced King John to submit to the law and succeeded in putting limits on feudal fees and duties. Perhaps the most important application of the rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy. Samuel Rutherford was one of the first modern authors to give the principle theoretical foundations, in Lex, Rex (1644), and later Montesquieu in The Spirit of the Laws (1748). In continental Europe and legal thinking, the rule of law has frequently, but not always, been associated with a Rechtsstaat. According to modern Anglo-American thinking, hallmarks of adherence to the rule of law commonly include a clear separation of powers, legal certainty, the principle of legitimate expectation and equality of all before the law. The concept is not without controversy, and it has been said that "the phrase 'the Rule of Law' has become meaningless thanks to ideological abuse and general over-use". Marxist theory asserts the capitalist state is an instrument of oppression of the proletariat at the hands of the bourgeoisie, which set the laws to suit itself. Following this, some critical theorists analyze the "rule of law" as a judicial fiction which aims at disguising the reality of violence and, in Marxist terminology, "class struggle". This theory presumes that the "bourgeoisie" holds the power to set the laws. The Italian philosopher Giorgio Agamben argues that the state of exception is at the core of the concept of sovereignty, and not the "rule of law" as liberal thinkers have it. While the sovereign claims to follow the "rule of law", any protection the people have, however fundamental, can be jettisoned once the government finds it convenient to do so. Those that take formal conceptions of the rule of law have criticised more substansive conceptions which question whether a law is "good or bad". Source: Wikipedia ----------------------------------------------------- 52d Congress of UIA - Bucharest 2008 Bucharest - Romania From October 29 to November 2, 2008 · The Information Society: Questions and Challenges · Water and the Law · Competition Law: Competing Models of Market Regulation · The Legal Profession: Just another Business? The generations that come after us must not forget that those who witnessed the transition from the 20th century to the 21st century lived through a period when a wall divided a city, a curtain divided a continent and an ideology divided a world. I believe that it is the mission of the lawyers present at the Bucharest Congress - indeed, that of all the world's lawyers - to show by their own example the unity of our profession with other professional structures -- social and political. This will also ensure that our Congress is crowned with success because it is here, more than anywhere else, that memory will help us build the future. The generations that take the first step onto the "bridge towards the future", here in Bucharest, are sure to find unity, harmony and joie de vivre on the other side. In Bucharest, you will smile, meet friends, participate in technical and cultural meetings, enjoy yourselves in the company of colleagues from Romania and the Black Sea countries, discover and rediscover a world that has long been waiting for you. Welcome to Bucharest! Mihai TANASESCU President of the 2008 Congress Access the Bucharest website: see my Website URL

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