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118-580: The World Justice Project ( WJP ) is an international civil society organization with the stated mission of "working to advance the rule of law around the world". It produces the World Justice Project Rule of Law Index , a quantitative assessment tool that shows the extent to which countries adhere to the rule of law in practice. WJP's major activity is the World Justice Forum , a global gathering at which prominent leaders from all parts of

236-622: A JAG Corps handbook, for judge advocates deployed with the US Army: First the Rule of Law should protect against anarchy and the Hobbesian war of all against all. Second, the Rule of Law should allow people to plan their affairs with reasonable confidence that they can know in advance the legal consequences of various actions. Third, the Rule of Law should guarantee against at least some types of official arbitrariness. Fallon describes five "elements" of

354-458: A humid subtropical ( Köppen : Cfa ) classification. The city has warm, showery summers, with average high temperatures ranging between 25 to 27 °C (77 to 81 °F) and a record maximum exceeding 38 °C (100 °F). Winters are relatively dry and cold with average temperatures at about freezing point. Spring is variable and autumn cool, with a chance of snow in November. Precipitation

472-477: A comprehensive picture of rule of law compliance. The index is typically published annually. The World Justice Project defines the rule of law system as one in which the following four universal principles are upheld: The Index rankings and scores are built from over 400 variables drawn from two new data sources: (i) a general population poll (GPP), designed by the WJP and conducted by leading local polling companies using

590-414: A compromise had emerged. If administrators adopted procedures that more or less tracked "the ordinary legal manner" of the courts, further review of the facts by "the ordinary Courts of the land" was unnecessary. That is, if you had your "day in commission", the rule of law did not require a further "day in court". Thus Dicey's rule of law was recast into a purely procedural form. James Wilson said during

708-630: A decline in the Viennese population. After World War II, the Soviets used force to repatriate key workers of Czech, Slovak and Hungarian origins to return to their ethnic homelands to further the Soviet bloc economy. The population of Vienna generally stagnated or declined through the remainder of the 20th century, not demonstrating significant growth again until the census of 2000. In 2020, Vienna's population remained significantly below its reported peak in 1916. Under

826-776: A different, probably Slavonic origin, and originally referred to an Avar fort in the area. Slovene speakers call the city Dunaj , which in other Central European Slavic languages means the river Danube , on which the city stands. Duchy of Austria 1156–1453 [REDACTED] Archduchy of Austria 1453–1485, 1490–1804 [REDACTED]   Principality of Hungary 1485–1490 [REDACTED]   Austrian Empire 1804–1867 [REDACTED]   Austria-Hungary 1867–1918 [REDACTED]   First Austrian Republic 1919–1934 [REDACTED]   Federal State of Austria 1934–1938 [REDACTED]   Nazi Germany 1938–1945 [REDACTED] Allied-occupied Austria 1945–1955 [REDACTED]   Austria 1955–present In

944-410: A distinct breach of law established in the ordinary legal manner before the ordinary Courts of the land." That is, individuals should be able to challenge an administrative order by bringing suit in a court of general jurisdiction. As the dockets of worker compensation commissions, public utility commissions and other agencies burgeoned, it soon became apparent that letting judges decide for themselves all

1062-687: A few more days until the Soviet Navy ’s Danube Flotilla naval force arrived with reinforcements. The remaining defending soldiers surrendered that same day. After the war, Vienna was part of Soviet-occupied Eastern Austria until September 1945. That month, Vienna was divided into sectors by the four powers: the US, the UK, France, and the Soviet Union and supervised by an Allied Commission . The four-power occupation of Vienna differed in one key respect from that of Berlin:

1180-463: A given situation), but formalists contend that there are no requirements with regard to the content of the law. Others, including a few legal theorists, believe that the rule of law necessarily entails protection of individual rights. Within legal theory, these two approaches to the rule of law are seen as the two basic alternatives, respectively labelled the formal and substantive approaches. Still, there are other views as well. Some believe that democracy

1298-458: A mad dog." and also that, "The people should execute a king who does not protect them, but deprives them of their property and assets and who takes no advice or guidance from any one. Such a king is not a king but misfortune." Other sources for the philosophy of rule of law can be traced to the Upanishads which state that, "The law is the king of the kings. No one is higher than the law. Not even

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1416-630: A major prestige project. Former suburbs were incorporated, and the city of Vienna grew dramatically. In 1918, after World War I , Vienna became capital of the Republic of German-Austria , and then in 1919 of the First Republic of Austria . From the late-19th century to 1938, the city remained a center of high culture and of modernism . A world capital of music, Vienna played host to composers such as Johannes Brahms , Anton Bruckner , Gustav Mahler , and Richard Strauss . The city's cultural contributions in

1534-618: A novel and published it. Occupied Vienna is also depicted in the 1991 Philip Kerr novel, A German Requiem . The four-power control of Vienna lasted until the Austrian State Treaty was signed in May 1955 and came into force on 27 July 1955. By October, all soldiers had left the country. That year, after years of reconstruction and restoration, the State Opera and the Burgtheater , both on

1652-479: A pivotal role as a leading European music center, from the age of Viennese Classicism through the early part of the 20th century. Vienna was home to the world's first psychoanalyst, Sigmund Freud . The historic center of Vienna is rich in architectural ensembles, including Baroque palaces and gardens, and the late-19th-century Ringstraße , which is lined with grand buildings, monuments, and parks. In 2024, Vienna retained its position as most livable city per

1770-567: A population of nearly 2.9 million, representing nearly one-third of the country's population. Vienna is the cultural , economic , and political center of the country, the fifth-largest city by population in the European Union , and the most-populous of the cities on the Danube river . The city lies on the eastern edge of the Vienna Woods ( Wienerwald ), the northeasternmost foothills of

1888-661: A probability sample of 1,000 respondents in the three largest cities of each country; and (ii) a qualified respondents' questionnaire (QRQ) completed by in-country experts in civil and commercial law, criminal law, labor law, and public health. To date, over 149,000 people and 3,400 experts have been interviewed in 142 countries and jurisdictions. Adherence to the rule of law is assessed using 47 indicators organized around eight themes: constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice. In addition to country scores and rankings,

2006-512: A process through which leaders from various fields of endeavor are implementing programs involving multiple disciplines to strengthen the rule of law. Forum participants work in breakout sessions organized both by discipline and geographic regions and have developed 89 programs with accompanying action plans to strengthen the rule of law in communities, countries and regions around the world. Following outreach meetings on five continents in 2007 and 2008 involving disciplinary leaders from 71 countries,

2124-517: A riot broke out in the city. The protestors, enraged by the decision, set the Palace of Justice ablaze. The police attempted to end the revolt with force and killed at least 84 protestors, with 5 policemen also dying. In 1933, right-wing Chancellor Engelbert Dollfuss dissolved the parliament , essentially letting him run the country as a dictatorship , banned the Communist Party and severely limited

2242-496: A society (including those in government) are considered equally subject to publicly disclosed legal codes and processes. Rule of law implies that every person is subject to the law. It stands in contrast to the idea that the ruler is above the law, for example by divine right . Despite wide use by politicians, judges and academics, the rule of law has been described as "an exceedingly elusive notion". Among modern legal theorists , one finds that at least two principal conceptions of

2360-643: A third of its population. In 1804, during the Napoleonic Wars , Vienna became the capital of the newly formed Austrian Empire . The city continued to play a major role in European and world politics, including hosting the Congress of Vienna in 1814–15. The city also saw major uprisings against Habsburg rule in 1848 , which were suppressed. After the Austro-Hungarian Compromise of 1867 , Vienna remained

2478-800: A wide range of disciplines, including the arts, business, education, environment, faith, human rights, international development, military, public health, and science. Discussion on the first round of the Opportunity Fund seed grant program also took place. The forum aimed "to stimulate multidisciplinary collaborations to strengthen the rule of law, build new partnerships, and identify best practices for dissemination and replication". The World Justice Forum III, held from June 20–23, 2011, in Barcelona , Spain , hosted more than 400 leaders from more than 100 countries. During Forum III, participants designed nearly 50 new, innovative multidisciplinary projects to strengthen

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2596-646: A widespread prehistorical cult of Vindos , a Celtic deity who survives in Irish mythology as the warrior and seer Fionn mac Cumhaill. A variant of this Celtic name could be preserved in the Czech , Slovak , Polish and Ukrainian names of the city ( Vídeň , Viedeň , Wiedeń and Відень respectively) and in that of the city's district Wieden . The name of the city in Hungarian ( Bécs ), Serbo-Croatian ( Beč , Беч ) and Ottoman Turkish ( بچ , Beç ) has

2714-403: Is a global competition to recognize and promote good practices, high-impact projects, and policies that protect and advance the rule of law. WJP has administered the awards in 2019, 2021, and 2022. The World Justice Project's board of directors includes: The World Justice Project has the following board officers: Rule of law Use of the phrase can be traced to 16th-century Britain. In

2832-441: Is a means to an end became entrenched only in the course of the nineteenth and twentieth centuries." Others argue that the rule of law has survived but was transformed to allow for the exercise of discretion by administrators. For much of American history, the dominant notion of the rule of law, in this setting, has been some version of A. V. Dicey's: "no man is punishable or can be lawfully made to suffer in body or goods except for

2950-483: Is a quantitative assessment tool designed to offer a detailed and comprehensive picture of the extent to which countries adhere to the rule of law in practice. The Index provides data on eight dimensions of the rule of law: limited government powers; absence of corruption; order and security; fundamental rights; open government; regulatory enforcement; civil justice; and criminal justice. These factors are further disaggregated into forty-four indicators. Together, they provide

3068-461: Is generally moderate throughout the year, averaging around 600 mm (23.6 in) annually, with considerable local variations, the Vienna Woods region in the west being the wettest part (700 to 800 mm (28 to 31 in) annually) and the flat plains in the east being the driest part (500 to 550 mm (20 to 22 in) annually). Snow in winter is common, even if not so frequent compared to

3186-450: Is none which they have accounted more dear and precious than this, to be guided and governed by the certain rule of the law which giveth both to the head and members that which of right belongeth to them, and not by any uncertain or arbitrary form of government ... In 1607, English Chief Justice Sir Edward Coke said in the Case of Prohibitions (according to his own report) "that the law

3304-441: Is often regarded as a modern iteration of the ideas of ancient Greek philosophers who argued that the best form of government was rule by the best men. Plato advocated a benevolent monarchy ruled by an idealized philosopher king , who was above the law. Plato nevertheless hoped that the best men would be good at respecting established laws, explaining that "Where the law is subject to some other authority and has none of its own,

3422-426: Is part of the rule of law. The "formal" interpretation is more widespread than the "substantive" interpretation. Formalists hold that the law must be prospective, well-known, and have characteristics of generality, equality, and certainty. Other than that, the formal view contains no requirements as to the content of the law. This formal approach allows laws that protect democracy and individual rights, but recognizes

3540-493: Is perhaps most well known for its Gemeindebauten , public housing buildings. Between 1925 and 1934, over 60,000 new apartments were built in the Gemeindebauten. Apartments were assigned on the basis of a point system favoring families and less affluent citizens. In July 1927 , after three nationalist far-right paramilitary members were acquitted of the killing of two social democratic Republikanischer Schutzbund members,

3658-601: Is plentiful. Remains of the military camp have been found under the city, as well as fragments of the canal system and figurines. Close ties with other Celtic peoples continued through the ages. The Irish monk Saint Colman (or Koloman, Irish Colmán , derived from colm "dove") is buried in Melk Abbey and Saint Fergil (Virgil the Geometer) served as Bishop of Salzburg for forty years. Irish Benedictines founded twelfth-century monastic settlements; evidence of these ties persists in

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3776-580: Is the seat of the Metropolitan Roman Catholic Archdiocese of Vienna , in which is also vested the exempt Ordinariate for Byzantine-Rite Catholics in Austria; its Archbishop is Cardinal Christoph Schönborn . Many Catholic Churches in central Vienna feature performances of religious or other music, including masses sung to classical music and organ. Some of Vienna's most significant historical buildings are Catholic churches, including

3894-662: The Alps , that separate Vienna from the more western parts of Austria, at the transition to the Pannonian Basin . It sits on the Danube , and is traversed by the highly regulated Wienfluss ( Vienna River ). Vienna is completely surrounded by Lower Austria , and lies around 50 km (31 mi) west of Slovakia and its capital Bratislava , 60 km (37 mi) northwest of Hungary , and 60 km (37 mi) south of Moravia ( Czech Republic ). The once Celtic settlement of Vedunia

4012-924: The Austrian Armed Forces shelled the Karl-Marx-Hof , a civilian housing estate, and the Schutzbund surrendered. On 15 March 1938, three days after German troops had first entered Austria, Adolf Hitler arrived in Vienna. 200,000 Austrians greeted him at the Heldenplatz , where he held a speech from a balcony in the Neue Burg, in which he announced that Austria would be absorbed into Nazi Germany . The persecution of Jews started almost immediately, Viennese Jews were harassed and hounded, their homes and businesses plundered. Some were forced to scrub pro-independence slogans off

4130-576: The Chandler Institute of Governance 's Chandler Good Government Index , the World Bank 's Worldwide Governance Indicators (WGI), and the Mo Ibrahim Foundation 's Ibrahim Index of African Governance . The top 30 countries for the rule of law according to WJP in 2022 are: The World Justice Challenge is an open competition designed to incubate practical, on-the-ground programs that advance

4248-532: The Constitution of the Commonwealth of Massachusetts : No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges, distinct from those of the community, than what arises from the consideration of services rendered to the public; and this title being in nature neither hereditary, nor transmissible to children, or descendants, or relations by blood,

4366-591: The Economist Intelligence Unit , and has spent every year since 2015 in the top 2 places, bar 2021 due to the COVID-19 lockdowns . The place is mentioned as Οϋι[νδ]όβονα (Oui[nd]obona) in the 2nd century AD (Ptolemy, Geography , II, 14, 3); Vindobona in the 3rd century ( Itinerarium Antonini Augusti 233, 8); Vindobona in the 4th century ( Tabula Peutingeriana , V, 1); Vindomana ab. 400 ( Notitia Dignitatum , 145, 16); Vindomina, Vendomina in

4484-619: The Festival au Désert in Mali , also spoke at the event. The World Justice Forum V was held in The Hague, July 10–13, 2017, with over 300 participants from over 76 countries. The World Justice Forum 2019 committed a day to a topic: Day one "Defined the Opportunity" for the justice movement in 2019 and beyond; on day two, the program "Showcased What Works"; on the third day, discussions centred on "Building

4602-533: The OSCE . In 2001, the city center was designated a UNESCO World Heritage Site . In July 2017, it was moved to the list of World Heritage in Danger . Vienna has been called the "City of Music" due to its musical legacy, as many famous classical musicians such as Beethoven , Brahms , Bruckner , Haydn , Mahler , Mozart , Schoenberg , Schubert , Johann Strauss I and Johann Strauss II lived and worked there. It played

4720-547: The Philadelphia Convention in 1787 that, "Laws may be unjust, may be unwise, may be dangerous, may be destructive; and yet not be so unconstitutional as to justify the Judges in refusing to give them effect." George Mason agreed that judges "could declare an unconstitutional law void. But with regard to every law, however unjust, oppressive or pernicious, which did not come plainly under this description, they would be under

4838-735: The Ringstraße , reopened to the public. In the Autumn of 1956, Vienna accepted many Hungarian refugees , who had fled Hungary after an attempted revolution . The city experienced another wave of refugees after the Prague Spring in Czechoslovakia in 1968, as well as after the collapse of Yugoslavia in 1991. In 1972 the construction of the Donauinsel and the excavation of the New Danube began. In

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4956-719: The Soviet air force . Only after the Allies had taken Italy did the next raids commence. From 17 March 1944, 51 air raids were carried out in Vienna. Targets of the bombings were primarily the city's oil refineries . However, around a third of the city center was destroyed, and culturally important buildings such as the State Opera and the Burgtheater were burned, and the Albertina was heavily damaged. These air raids lasted until March 1945, just before

5074-557: The St. Stephen's Cathedral ( Stephansdom ), Karlskirche , Peterskirche and the Votivkirche . On the banks of the Danube is a Buddhist Peace Pagoda , built in 1983 by the monks and nuns of Nipponzan Myohoji . Vienna is located in northeastern Austria, at the easternmost extension of the Alps in the Vienna Basin . The earliest settlement, at the location of today's inner city , was south of

5192-510: The Western and Eastern blocs , which deeply distrusted each other. The city experienced an economic upturn due to the Marshall Plan . The atmosphere of four-power Vienna is the background for Graham Greene 's screenplay for the film The Third Man (1949). The film's theme music was composed and performed by Viennese musician Anton Karas using a zither . Later he adapted the screenplay as

5310-467: The legislature . France was one of the early pioneers of the ideas of the rule of law. The German interpretation is more "rigid" but similar to that of France and the United Kingdom. Finland's constitution explicitly requires rule of law by stipulating that "the exercise of public powers shall be based on an Act. In all public activity, the law shall be strictly observed." In the United Kingdom

5428-401: The shruti - smriti tradition. The Mahabharata deals with the concepts of Dharma (used to mean law and duty interchangeably), Rajdharma (duty of the king) and Dharmaraja (as Yudhishthir , the eldest of the five Pandava brothers was known) and states in one of its slokas that, "A King who after having sworn that he shall protect his subjects fails to protect them should be executed like

5546-528: The 16th century of the Habsburg emperors of the Holy Roman Empire with an interruption between at the turn to the 17th century until 1806, becoming an important center in the empire. In the 16th and 17th centuries, Christian forces twice stopped Ottoman armies outside Vienna, in the 1529 siege of Vienna and the 1683 Battle of Vienna . The Great Plague of Vienna ravaged the city in 1679, killing nearly

5664-552: The 1st century, the Romans set up the military camp of Vindobona in Pannonia on the site of today's Vienna city center near the Danube with an adjoining civilian town to secure the borders of the Roman Empire . Construction of the legionary camp began around 97 AD. At its peak, Vindobona had a population of around 15,000 people. It was a part of a trade and communications network across

5782-590: The 2021 census, 49.0% of Viennese were Christian. Among them, 31.8% were Catholic , 11.2% were Eastern Orthodox , and 3.7% were Protestant , mostly Lutheran , 34.1% had no religious affiliation, 14.8% were Muslim , and 2% were of other religions, including Jewish. One sources estimates that Vienna's Jewish community is of 8,000 members meanwhile another suggest 15,000. Based on information provided to city officials by various religious organizations about their membership, Vienna's Statistical Yearbook 2019 reports in 2018 an estimated 610,269 Roman Catholics, or 32.3% of

5900-826: The 6th century ( Jordanes , De origine actibusque Getarum , 50, 264). The English name Vienna is borrowed from the homonymous Italian name. The German name Wien comes from the name of the river Wien , mentioned ad UUeniam in 881 ( Wenia- in modern writing). The name of the Roman settlement on the same emplacement is of Celtic extraction Vindobona , probably meaning "white village, white settlement" from Celtic roots, vindo- , meaning "white" (Old Irish find "white", Welsh gwyn / gwenn , Old Breton guinn "white, bright" > Breton gwenn "white"), and -bona "foundation, settlement, village", related to Old Irish bun "base, foundation" and Welsh bon , same meaning. The Celtic word vindos may reflect

6018-601: The Empire. Roman emperor Marcus Aurelius may have died here in 180 AD during a campaign against the Marcomanni . After a Germanic invasion in the second century the city was rebuilt. It served as a seat of the Roman government until the fifth century, when the population fled due to the Huns invasion of Pannonia. The city was abandoned for several centuries. Evidence of the Romans in the city

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6136-657: The Index also includes key global findings as well as an analysis of regional strengths, rule of law challenges, best and worst performers, and trends to watch. Data from the WJP Rule of Law Index is used as an indicator of political and legal freedom in the Basel AML Index , a money laundering risk assessment tool developed by the Basel Institute on Governance , as well as Transparency International 's Corruption Perceptions Index ,

6254-494: The Movement"; and on the last day, the topic was "Commitments to Justice". The World Justice Forum 2022 took place from May 30 to June 3, 2022, both in person in The Hague and online. Much of the discussion was focused on the world's recovery from the COVID-19 pandemic , after the pandemic had exacerbated the lack of justice and good governance for all, and caused the rule of law to deteriorate globally. The World Justice Challenge

6372-533: The Nazi regime, 65,000 Jews were deported and murdered in concentration camps by Nazi forces; approximately 130,000 fled. By 2001, 16% of people living in Austria had nationalities other than Austrian, nearly half of whom were from former Yugoslavia ; the next most numerous nationalities in Vienna were Turks (39,000; 2.5%), Poles (13,600; 0.9%) and Germans (12,700; 0.8%). As of 2012 , an official report from Statistics Austria showed that more than 660,000 (38.8%) of

6490-787: The Parliament, the French in Hotel Kummer on Mariahilferstraße, the Americans in the National Bank , and the British in Schönnbrunn Palace . The division of the city was not comparable to that of Berlin . Although the borders between the sectors were marked, travel between them was freely possible. During the ten years of the four-power occupation, Vienna was a hotbed for international espionage between

6608-445: The Roman Republic, controversial magistrates might be put on trial when their terms of office expired. Under the Roman Empire, the sovereign was personally immune ( legibus solutus ), but those with grievances could sue the treasury. In China, members of the school of legalism during the 3rd century BC argued for using law as a tool of governance, but they promoted "rule by law" as opposed to "rule of law," meaning that they placed

6726-405: The Senate under the Impeachment Disqualification Clause of Article I, Section III . The question of whether a president may only be criminally charged if they have first survived an impeachment is presently before the District of Columbia Circuit Court of Appeals for decision in the case of United States of America versus Donald J. Trump (docket no. 23–3228). Scholars continue to debate whether

6844-399: The Soviet troops started the Vienna offensive . The Red Army , who had previously marched through Hungary , first entered Vienna on 6 April. They first attacked the eastern and southern suburbs, before moving on to the western suburbs. By the 8th they had the center of the city surrounded. The following day the Soviets started with the infiltration of the city center. Fighting continued for

6962-515: The U.S. Constitution adopted a particular interpretation of the "rule of law", and if so, which one. For example, John Harrison asserts that the word "law" in the Constitution is simply defined as that which is legally binding, rather than being "defined by formal or substantive criteria", and therefore judges do not have discretion to decide that laws fail to satisfy such unwritten and vague criteria. Law Professor Frederick Mark Gedicks disagrees, writing that Cicero , Augustine , Thomas Aquinas , and

7080-491: The United States, including the President , the Justices of the Supreme Court , state judges and legislators, and all members of Congress , pledge first and foremost to uphold the Constitution . These oaths affirm that the rule of law is superior to the rule of any human leader. At the same time, the federal government has considerable discretion: the legislative branch is free to decide what statutes it will write, as long as it stays within its enumerated powers and respects

7198-422: The Viennese population have full or partial migrant background, mostly from Ex-Yugoslavia, Turkey, Germany, Poland, Romania and Hungary. From 2005 to 2015 the city's population grew by 10.1%. According to UN-Habitat , Vienna could be the fastest growing city out of 17 European metropolitan areas until 2025 with an increase of 4.65% of its population, compared to 2010. Religion in Vienna (2021) According to

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7316-554: The World Justice Project held its first World Justice Forum on July 2–5, 2008, in Vienna, Austria. The three-day Forum brought together more than 450 governmental and non-governmental leaders from 83 nations from throughout Asia and the Pacific, Africa, the Middle East, Europe, Latin America and the Caribbean, and North America. The WJP's Roderick B. Mathews Opportunity Fund was unveiled at the 2008 Forum. The World Justice Forum II took place November 11–14, 2009, in Vienna , Austria. There were 312 participants from 84 countries, representing

7434-430: The aristocrats and emperor above the law. In contrast, the Huang–Lao school of Daoism rejected legal positivism in favor of a natural law that even the ruler would be subject to. The Oxford English Dictionary has defined rule of law this way: The authority and influence of law in society, esp. when viewed as a constraint on individual and institutional behaviour; (hence) the principle whereby all members of

7552-402: The capital of Austria-Hungary (1867–1918). In 1910, Vienna had more than two million inhabitants and was the third largest city in Europe after London and Paris. Around the start of the 20th century, Vienna was the city with the second-largest Czech population in the world (after Prague ). After World War I, many Czechs and Hungarians returned to their ancestral countries, resulting in

7670-409: The capital of it and all its successor states. Throughout the modern era Vienna has been among the largest German-speaking cities in the world, being the largest in the 18th and 19th century, peaking at two million inhabitants before it was overtaken by Berlin at the beginning of the 20th century. Vienna is host to many major international organizations , including the United Nations, OPEC and

7788-404: The capital of what became the Austro-Hungarian Empire . The city functioned as a center of classical music, for which the title of the First Viennese School (Haydn/Mozart/Beethoven) is sometimes applied. During the latter half of the 19th century, Vienna developed what had previously been the bastions and glacis into the Ringstraße , a new boulevard surrounding the historical town and

7906-408: The central area of the city, known as the first district, constituted an international zone in which the four powers alternated control on a monthly basis. The city was policed by the four powers on a day-to-day basis using the "four soldiers in a jeep" method, which had one soldier from each nation sitting together. The four powers all had separate headquarters, the Soviets in Palais Epstein next to

8024-410: The city were arrested. Adolf Eichmann held office in the expropriated Palais Rothschild and organized the expropriation and persecution of the Jews. Of the almost 200,000 Jews in Vienna, around 120,000 were driven to emigrate and around 65,000 were killed. After the end of the war, the Jewish population of Vienna was only about 5,000. In 1942 the city suffered its first air raid , carried out by

8142-412: The collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state." More than Plato attempted to do, Aristotle flatly opposed letting the highest officials wield power beyond guarding and serving the laws. In other words, Aristotle advocated

8260-450: The commonwealth; nor under the dominion of any will, or restraint of any law, but what that legislative shall enact, according to the trust put in it. Freedom then is not what Sir Robert Filmer tells us, Observations, A. 55. a liberty for every one to do what he lists, to live as he pleases, and not to be tied by any laws: but freedom of men under government is, to have a standing rule to live by, common to every one of that society, and made by

8378-429: The concept of popular sovereignty . However, these arguments have been challenged and the present consensus is that upholding an abstract concept of the rule of law was not "the predominant consideration" of the Athenian legal system. Alfred the Great , Anglo-Saxon king in the 9th century, reformed the law of his kingdom and assembled a law code (the Doom Book ) which he grounded on biblical commandments. He held that

8496-425: The constitutionally protected rights of individuals . Likewise, the judicial branch has a degree of judicial discretion , and the executive branch also has various discretionary powers including prosecutorial discretion . The July 1, 2024, Trump v. United States Supreme Court decision held former presidents have partial immunity for crimes committed using the powers of their office. Legal scholars have warned of

8614-438: The existence of "rule of law" in countries that do not necessarily have such laws protecting democracy or individual rights. The best known arguments for the formal interpretation have been made by A.V Dicey, F.A.Hayek, Joseph Raz, and Joseph Unger. The substantive interpretation preferred by Dworkin, Laws, and Allan, holds that the rule of law intrinsically protects some or all individual rights. The functional interpretation of

8732-464: The facts in a dispute (such as the extent of an injury in a worker's compensation case) would overwhelm the courts and destroy the advantages of specialization that led to the creation of administrative agencies in the first place. Even Charles Evans Hughes, a Chief Justice of the United States, believed "you must have administration, and you must have administration by administrative officers." By 1941,

8850-588: The first half of the 20th century included, among many, the Vienna Secession movement in art, the Second Viennese School , the architecture of Adolf Loos , the philosophy of Ludwig Wittgenstein , and the Vienna Circle . The city of Vienna became the center of socialist politics from 1919 to 1934, a period referred to as Red Vienna ( Das rote Wien ). After a new breed of socialist politicians won

8968-451: The following century, Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings . John Locke wrote that freedom in society means being subject only to laws written by a legislature that apply to everyone, with a person being otherwise free from both governmental and private restrictions on his liberty. "The rule of law" was further popularized in the 19th century by British jurist A. V. Dicey . However,

9086-463: The form of Vienna's great Schottenstift monastery (Scots Abbey), once home to many Irish monks. In 976, Leopold I of Babenberg became count of the Eastern March , a district centered on the Danube on the eastern frontier of Bavaria . This initial district grew into the duchy of Austria . Each succeeding Babenberg ruler expanded the march east along the Danube, eventually encompassing Vienna and

9204-406: The framers of the U.S. Constitution believed that an unjust law was not really a law at all. Some modern scholars contend that the rule of law has been corroded during the past century by the instrumental view of law promoted by legal realists such as Oliver Wendell Holmes and Roscoe Pound . For example, Brian Tamanaha asserts: "The rule of law is a centuries-old ideal, but the notion that law

9322-542: The idea of a man born a magistrate, lawgiver, or judge, is absurd and unnatural. The influence of Britain, France and the United States contributed to spreading the principle of the rule of law to other countries around the world. Although credit for popularizing the expression "the rule of law" in modern times is usually given to A. V. Dicey , development of the legal concept can be traced through history to many ancient civilizations, including ancient Greece , Mesopotamia , India , and Rome . The idea of Rule of Law

9440-582: The influence of the Social Democratic Party . This led to a civil war between the right-wing government and socialist forces the following year, which started in Linz and quickly spread to Vienna. Socialist members of the Republikanischer Schutzbund barricaded themselves inside the housing estates and exchanged fire with the police and paramilitary groups. The fighting in Vienna ended after

9558-508: The king." Other commentaries include Kautilya 's Arthashastra (4th-century BC), Manusmriti (dated to the 1st to 3rd century CE), Yajnavalkya-Smriti (dated between the 3rd and 5th century CE), Brihaspati Smriti (dated between 15 CE and 16 CE). Several scholars have also traced the concept of the rule of law back to 4th-century BC Athens , seeing it either as the dominant value of the Athenian democracy , or as one held in conjunction with

9676-638: The lands immediately east. In 1155, Henry II, Duke of Austria moved the Babenberg family residence with the founding of the Schottenstift from Klosterneuburg in Lower Austria to Vienna. From that time, Vienna remained the center of the Babenberg dynasty. Hungary occupied the city between 1485 and 1490. Vienna became at the turn to the 16th century the seat of the Aulic Council and subsequently later in

9794-433: The law and obey it." (3) The third element is stability. The law should be reasonably stable, in order to facilitate planning and coordinated action over time. (4) The fourth element of the Rule of Law is the supremacy of legal authority. The law should rule officials, including judges, as well as ordinary citizens. (5) The final element involves instrumentalities of impartial justice. Courts should be available to enforce

9912-499: The law and should employ fair procedures. Rachel Kleinfeld defines rule of law in terms of five different "goals": Vienna Vienna ( / v i ˈ ɛ n ə / vee- EN -ə ; German: Wien [viːn] ; Austro-Bavarian : Wean [veɐ̯n] ) is the capital, most populous city , and one of nine federal states of Austria . It is Austria's primate city , with just over two million inhabitants. Its larger metropolitan area has

10030-516: The law is preeminent and can serve as a check against the abuse of power. Under rule by law, the law is a mere tool for a government, that suppresses in a legalistic fashion." The rule of law has been considered one of the key dimensions that determine the quality and good governance of a country. Research, like the Worldwide Governance Indicators , defines the rule of law as "the extent to which agents have confidence and abide by

10148-466: The law, including persons who are lawmakers, law enforcement officials, and judges. Distinct is the rule of man , where one person or group of persons rule arbitrarily. The earliest conception of rule of law can be traced back to the Indian epics Ramayana and Mahabharata - the earliest versions of which date around to 8th or 9th centuries BC although they were written down as texts much later owing to

10266-516: The law.)." Among the first modern authors to use the term and give the principle theoretical foundations was Samuel Rutherford in Lex, Rex (1644). The title, Latin for "the law is king", subverts the traditional formulation rex lex ("the king is law"). James Harrington wrote in Oceana (1656), drawing principally on Aristotle's Politics , that among forms of government an "Empire of Laws, and not of Men"

10384-567: The legislative power erected in it; a liberty to follow my own will in all things, where the rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man: as freedom of nature is, to be under no other restraint but the law of nature. The principle was also discussed by Montesquieu in The Spirit of Law (1748). The phrase "rule of law" appears in Samuel Johnson 's Dictionary (1755). In 1776,

10502-422: The local elections they engaged in a brief but ambitious municipal experiment. Social democrats had won an absolute majority in the May 1919 municipal election and commanded the city council with 100 of the 165 seats. Jakob Reumann was appointed by the city council as city mayor. The theoretical foundations of so-called Austromarxism were established by Otto Bauer , Karl Renner , and Max Adler . Red Vienna

10620-412: The meandering Danube while the city now spans both sides of the river. Elevation ranges from 151 to 542 m (495 to 1,778 ft). The city has a total area of 414.65 square kilometers (160.1 sq mi), making it the largest city in Austria by area. Vienna has a borderline oceanic ( Köppen : Cfb ) and humid continental climate ( Köppen : Dfb ), with some parts of the urban core being warm enough for

10738-592: The necessity as judges to give it a free course." Chief Justice John Marshall (joined by Justice Joseph Story ) took a similar position in 1827: "When its existence as law is denied, that existence cannot be proved by showing what are the qualities of a law." Numerous definitions of "rule of law" are used in the United States. An organization's definition might depend on that organization's goal. For instance, military occupation or counterinsurgency campaigns may necessitate prioritising physical security over human rights. Outlines of different definitions are given in

10856-645: The negative impact of this decision on the status of rule of law in the United States. Prior to that, in 1973 and 2000 the Office of Legal Counsel within the Department of Justice issued opinions saying that a sitting president cannot be indicted or prosecuted , but it is constitutional to indict and try a former president for the same offenses for which the President was impeached by the House of Representatives and acquitted by

10974-625: The notion that no one is above the law was popular during the founding of the United States. For example, Thomas Paine wrote in his pamphlet Common Sense that "in America, the law is king . 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 1780, John Adams enshrined this principle in Article VI of the Declaration of Rights in

11092-499: The population, and 200,000 (10.4%) Muslims, 70,298 (3.7%) Orthodox, 57,502 (3.0%) other Christians, and 9,504 (0.5%) other religions. A study conducted by the Vienna Institute of Demography estimated the 2018 proportions to be 34% Catholic, 30% unaffiliated, 15% Muslim, 10% Orthodox, 4% Protestant, and 6% other religions. As of the spring of 2014, Muslims made up 30% of the total proportion of schoolchildren in Vienna. Vienna

11210-406: The principle, if not the phrase itself, was recognized by ancient thinkers. Aristotle wrote: "It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws." The rule of law implies that every person is subject to

11328-402: The punishment of those who commit offenses that are justifiable under natural law but not statutory law. The rule of law is thus somewhat at odds with flexibility, even when flexibility may be preferable. The ancient concept of rule of law can be distinguished from rule by law, according to political science professor Li Shuguang: "The difference ... is that, under the rule of law,

11446-561: The rule of law European Convention for the Protection of Human Rights and Fundamental Freedoms says "the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law". In France and Germany the concepts of rule of law ( Etat de droit and Rechtsstaat respectively) are analogous to the principles of constitutional supremacy and protection of fundamental rights from public authorities (see public law ), particularly

11564-596: The rule of law around the world. Attendees included Morgan Tsvangirai , Prime Minister of Zimbabwe; Bill Gates Sr. , Co-Chair of the Bill & Melinda Gates Foundation ; Cherie Blair , Co-Founder of the Africa Justice Foundation; and Adama Dieng , Assistant Secretary-General of the United Nations. The WJP Rule of Law Index 2011 report was presented at the forum, and issues covered in panels and workshops included

11682-429: The rule of law can be identified: a formalist or "thin" definition, and a substantive or " thick " definition; one occasionally encounters a third "functional" conception. Formalist definitions of the rule of law do not make a judgment about the "justness" of law itself, but define specific procedural attributes that a legal framework must have in order to be in compliance with the rule of law. Substantive conceptions of

11800-593: The rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law. Most legal theorists believe that the rule of law has purely formal characteristics. For instance, such theorists claim that law requires generality (general rules that apply to classes of persons and behaviors as opposed to individuals), publicity (no secret laws), prospective application (little or no retroactive laws), consistency (no contradictory laws), equality (applied equally throughout all society), and certainty (certainty of application for

11918-644: The rule of law is a long-standing principle of the way the country is governed, dating from England's Magna Carta in 1215 and the Bill of Rights 1689 . In the 19th century classic work Introduction to the Study of the Law of the Constitution (1885), A. V. Dicey , a constitutional scholar and lawyer, wrote of the twin pillars of the British constitution : the rule of law and parliamentary sovereignty . All government officers of

12036-413: The rule of law which serve the purpose of law: (1) The first element is the capacity of legal rules, standards, or principles to guide people in the conduct of their affairs. People must be able to understand the law and comply with it. (2) The second element of the Rule of Law is efficacy. The law should actually guide people, at least for the most part. In Joseph Raz's phrase, "people should be ruled by

12154-747: The rule of law with relation to: economic development; fair elections; the environment and public health; and freedom of the press and access to information. The inaugural World Justice Project Rule of Law Award was awarded to: The World Justice Forum IV took place July 8–11, 2013, in The Hague , Netherlands. There were 550 participants from more than 100 countries, including U.S. Supreme Court Justices Ruth Bader Ginsburg and Anthony Kennedy , Anglican Archbishop of Cape Town Thabo Makgoba , UK Supreme Court Justice Robert Carnwath, Lord Carnwath of Notting Hill , and via video, artist Ai Weiwei . Manny Ansar , former manager of Tuareg music group Tinariwen founder of

12272-462: The rule of law, preserving ancient liberties by Magna Carta in return for exacting taxes. The influence of Magna Carta ebbs and wanes across centuries. The weakening of royal power it demonstrated was based more upon the instability presented by contested claims than thoughtful adherence to constitutional principles. Until 1534, the Church excommunicated people for violations, but after a time Magna Carta

12390-671: The rule of law. The WJP hosts the World Justice Forum, as well as other workshops. The overall purpose of the Forum is to incubate informed and practical action-oriented programs designed and executed by multi-disciplinary groups in their respective communities. Informed by keynote speeches, Rule of Law Index results, and other presentations, participants meet in disciplinary and regional breakout sessions to develop such programs. The Forum calls on participants to develop and commit to specific follow-up activities. Forums held so far have launched

12508-400: The rule of law: It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws. The Roman statesman Cicero is often cited as saying, roughly: "We are all servants of the laws in order to be free." During

12626-740: The rules of society, and in particular the quality of contract enforcement, the police and the courts, as well as the likelihood of crime or violence." Based on this definition the Worldwide Governance Indicators project has developed aggregate measurements for the rule of law in more than 200 countries, as seen in the map at right. Other evaluations such as the World Justice Project Rule of Law Index show that adherence to rule of law fell in 61% of countries in 2022. Globally, this means that 4.4 billion people live in countries where rule of law declined in 2021. The preamble of

12744-509: The same decade, Austrian Chancellor Bruno Kreisky inaugurated the Vienna International Centre , a new area of the city created to host international institutions. Vienna has regained much of its former international stature by hosting international organisations, such as the United Nations. Because of the industrialization and migration from other parts of the Empire, the population of Vienna increased sharply during its time as

12862-536: The same law had to be applied to all persons, whether rich or poor, friends or enemies. This was likely inspired by Leviticus 19:15: "You shall do no iniquity in judgment. You shall not favor the wretched and you shall not defer to the rich. In righteousness you are to judge your fellow." In 1215, Archbishop Stephen Langton gathered the Barons in England and forced King John and future sovereigns and magistrates back under

12980-630: The seat of the Babenbergs , who ruled Austria from 976 to 1246. In 1221, Vienna was granted city rights. During the 16th century, the Habsburgs , who had succeeded the Babenbergs, established Vienna as the seat of the emperors of the Holy Roman Empire , a position it held until the empire's dissolution in 1806, with only a brief interruption. With the formation of the Austrian Empire in 1804, Vienna became

13098-768: The streets. This culminated in the Kristallnacht , a nationwide pogrom against the Jews carried out by the Schutzstaffel and the Sturmabteilung , with support of the Hitler Youth and German civilians. All synagogues and prayer houses in the city were destroyed, bar the Stadttempel , due to its proximity to residential buildings. Vienna lost its status as a capital to Berlin , as Austria had ceased to exist. The few resistors in

13216-416: The term rule of law, consistent with the traditional English meaning, contrasts the rule of law with the rule of man . According to the functional view, a society in which government officers have a great deal of discretion has a low degree of "rule of law", whereas a society in which government officers have little discretion has a high degree of "rule of law". Upholding the rule of law can sometimes require

13334-571: The world and a variety of disciplines come together to articulate how the rule of law affects their disciplines and regions and to develop collaborative actions to strengthen the rule of law. WJP was founded by William H. Neukom and William C. Hubbard in 2006 as a presidential initiative of the American Bar Association and with the support of 21 partners. The World Justice Project became an independent 501(c)(3) non-profit organization in 2009. The World Justice Project Rule of Law Index

13452-705: Was approved by the General Court of Catalonia , establishing the submission of royal power (included its officers) to the laws of the Principality of Catalonia . The first known use of this English phrase occurred around 1500. Another early example of the phrase "rule of law" is found in a petition to James I of England in 1610, from the House of Commons : Amongst many other points of happiness and freedom which your majesty's subjects of this kingdom have enjoyed under your royal progenitors, kings and queens of this realm, there

13570-590: Was converted by the Romans into the castrum Vindobona (province of Pannonia ) in the 1st century, and was elevated to a municipium with Roman city rights in 212. This was followed by a time in the sphere of influence of the Lombards and later the Pannonian Avars , when Slavs formed the majority of the region's population. From the 8th century on, the region was settled by the Baiuvarii . In 1155, Vienna became

13688-445: Was preferable to an "Empire of Men, and not of Laws". John Locke also discussed this issue in his Second Treatise of Government (1690): The natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but to have only the law of nature for his rule. The liberty of man, in society, is to be under no other legislative power, but that established, by consent, in

13806-697: Was simply replaced by other statutes considered binding upon the king to act according to "process of the law". Magna Carta's influence is considered greatly diminished by the reign of Henry VI , after the Wars of the Roses . The ideas contained in Magna Carta are widely considered to have influenced the United States Constitution . In 1481, during the reign of Ferdinand II of Aragon , the Constitució de l'Observança

13924-412: Was the golden met-wand and measure to try the causes of the subjects; and which protected His Majesty in safety and peace: with which the King was greatly offended, and said, that then he should be under the law, which was treason to affirm, as he said; to which I said, that Bracton saith, quod Rex non debet esse sub homine, sed sub Deo et lege (That the King ought not to be under any man but under God and

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