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Where law ends, tyranny need not begin. Where law ends, discretion begins, and the exercise of discretion may mean either benejcence or tyranny, either.
Table of contents
where law ends, tyranny begins
Accordingly, all doubts about the democratic legitimacy of economic integration were diverted. To rephrase the argument slightly: These commitments to the ordo-liberal legacy, however, were never to be taken too literally. The judges knew very well that it would be impossible for the German government to politically correct the deal to which they had given their blessing. The subsequent decisions display very similar patterns.
The commitment to the ordo-liberal economic constitution was strong only on paper. Political practice, and economic and fiscal policy could operate opportunistically. The arguments of the Court questioning the legality of the Outright Monetary Transactions OMT programme of the ECB seem to rely strongly on the ordnungspolitical reservations against any bail-out and state financing as articulated by the President of the Bundesbank Jens Weidmann.
This judgment was preceded by the preliminary injunction decision of 12 September and followed by the definite settlement of that causa in the judgment of 18 March Both of these decisions evidence the readiness to subscribe fully to the logic of the Pringle judgment. This logic is characterised by the means-ends-rationality of assumed functional necessities. It does not apply rules, but resorts to differentiated and situational managerialism. The irony of this move is that it occurs in the name of democracy. The Bundestag is, of course, a democratically-legitimated and politically-accountable institution par excellence.
Damian Chalmers has addressed the same phenomenon expressing similar concerns: They are to secure order and the survival of the system: Europe is experiencing a Schmittian, rather than a constitutional, moment. My observations will be restricted to three points: The first point concerns the legitimacy basis of conditionality which has been legalised through the new Article 3 TFEU.
This basis is thoroughly discussed in Chapter 7 of The European Crisis. This schism is a normative challenge to democratic orders because the very notion of democratic self-legislation requires that citizens who are the addressees of a law and affected by them can, in the last instance, interpret themselves as its authors.
Where the Law Ends | Verfassungsblog
I readily admit that I have defended this argument ever since the mids: European law has the potential and the vocation to compensate the structural democratic deficits of nation-statehood. Here lies its inherently democratic potential and legitimacy, which is categorically different from that of nation states.
To identify structural democracy deficits in the external impact of national policies and laws does, by no means, justify a correction of such practices by a supranational executive compound. I restrict myself here to their particularly intriguing comments on the interpretation of the bail-out provision. The CJEU is praised in Germany and elsewhere for its meticulous use of the methods of legal interpretation. The well-known crux of our canon is that the various methods can point in different directions and we must then find a meta-norm which instructs us as to which of the methods is to govern.
Compliance with such discipline contributes at Union level to the attainment of a higher objective, namely maintaining the financial stability of the monetary union. Laws and ethics are found in virtually all spheres of society. They govern actions of individuals around the world on a daily basis. Laws and ethics often work hand-in-hand to ensure that citizens act in a certain manner, and likewise coordinate efforts to protect the health, safety and welfare of the public. Although most ethics established at the national level do not set penalties for violations of civil codes, many individual institutions can choose to establish remedial actions for breaches of ethics rules.
In some instances, schools, companies and other companies have rules that coordinate with a code of ethics, and these institutions may impose penalties for individuals who violate those rules. In some instances, laws are established based on ethics, principles or morals. In these instances, morals help to establish a minimal level of safety or expected behavior, which in turn facilitates the act of establishing governing laws. So, the law is limited. For instance, there is a law against cheating in India, but there is no law against cheating in the US, only laws against certain specific kinds of cheating.
Ethics serve to discourage or prevent bad behavior that is not illegal. Therefore, ethics begins to take effect where the law ends. Ethics is not benning where the law ends.. The word ethics derived from the greek word ethicos means character.. Another issue related to ehics is, its not n feeling. For the past 20 or 30 years, innovation, especially in the digital space, has been fairly straightforward.
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We could rely on technology to improve at a foreseeable pace and that allowed us to predict, with a high degree of certainty, what would be possible in the years to come. That led most innovation efforts to be focused on applications, with a heavy emphasis on the end user. Startups that were able to design an experience, test it, adapt and iterate quickly could outperform big firms that had far more resources and technological sophistication.
That made agility a defining competitive attribute. In the years to come the pendulum is likely to swing from applications back to the fundamental technologies that make them possible. Computing is just one area reaching its theoretical limits. We also need next generation batteries to power our devices, electric cars and the grid.
At the same time, new technologies, such as genomics, nanotechnology and robotics are becoming ascendant and even the scientific method is being called into question. An earlier version of this article first appeared in Inc. Sign in Get started. Optimized Computing Today we use our computers for a variety of tasks.