Licence to Kill: The Murderous Outrages Act and the rule of law in colonial India, 1867–1925

2015 ◽  
Vol 50 (2) ◽  
pp. 479-517 ◽  
Author(s):  
MARK CONDOS
Keyword(s):  
Rule Of Law ◽  
Legal Culture ◽  
The Rule Of Law ◽  
North West ◽  
Colonial India ◽  
The North ◽  
Executive Authority ◽  
The Creation ◽  
The Government ◽  
Exceptional Character

AbstractIn 1867, the Government of India passed one of the most brutal-minded and draconian laws ever created in colonial India. Known as the ‘Murderous Outrages Act’, this law gave colonial officials along the North-West Frontier wide powers to transgress India's legal codes in order to summarily execute and dispose of individuals identified as ‘fanatics’. Arguments for the creation and preservation of this law invariably centred around claims about the purportedly ‘exceptional’ character of frontier governance, particularly the idea that this was a region that existed in a perpetual state of war and crisis. Far from being peripheral in its impact, this article explores how this law both drew upon and enabled a wider legal culture that pervaded India in the wake of 1857. It argues that this law was a signal example of British attempts to mask the brute power of executive authority through legalistic terms, and was also evocative of a distinctly ‘warlike’ logic of colonial legality.

The Phantom Wahhabi: Liberalism and the Muslim fanatic in mid-Victorian India

2012 ◽  
Vol 47 (1) ◽  
pp. 22-52 ◽  
Author(s):  
JULIA STEPHENS
Keyword(s):  
Rule Of Law ◽  
Public Security ◽  
The Rule Of Law ◽  
Police Powers ◽  
Executive Authority ◽  
British Colonial ◽  
The Government ◽  
Colonial Government ◽  
Anglo Indian

AbstractIn the late 1860s and early 1870s the British colonial government in India suppressed an imagined Wahhabi conspiracy, which it portrayed as a profound threat to imperial security. The detention and trial of Amir and Hashmadad Khan—popularly known as the Great Wahhabi Case—was the most controversial of a series of public trials of suspected Wahhabis. The government justified extra-judicial arrests and detentions as being crucial to protect the empire from anti-colonial rebels inspired by fanatical religious beliefs. The government's case against the Khan brothers, however, was exceptionally weak. Their ongoing detention sparked a sustained public debate about the balance between executive authority and the rule of law. In newspapers and pamphlets published in India and Britain, Indian journalists and Anglo-Indian lawyers argued that arbitrary police powers posed a greater threat to public security than religious fanatics. In doing so, they embraced a language of liberalism which emphasized the rule of law and asserted the role of public opinion as a check on government despotism. Debates about the Great Wahhabi Case demonstrate the ongoing contest between authoritarian and liberal strands of imperial ideology, even at the height of the panic over the intertwined threat of Indian sedition and fanatical Islam.

scholarly journals Why Pursue Negotiations with the Taliban?

ICR Journal ◽  
2013 ◽  
Vol 4 (1) ◽  
pp. 123-125
Author(s):  
Abdul-Qayum Mohmand
Keyword(s):  
United States ◽  
Rule Of Law ◽  
The United States ◽  
The Rule Of Law ◽  
The North ◽  
Ongoing Effort ◽  
Military Presence ◽  
The Government ◽  
Military Support ◽  
International Security Assistance Force

Despite the unprecedented international financial aid and military support to the government of Afghanistan, the scaled-up military presence of the United States and the variety of US and ISAF (International Security Assistance Force) tactics used in the ongoing effort to defeat the resistance and establish peace, security and the rule of law, the situation in Afghanistan has deteriorated. The resistance has grown, war and insurgency in Afghanistan have intensified, and the Taliban have expanded their activities, becoming a countrywide movement with territory gained in the north and west. Conversely, the United States is facing great economic challenges both at home and abroad, and there is pressure from Congress and the American public on President Barak Obama to bring American men and women deployed in Afghanistan back home.

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

Is Xenophobic Violence and Criminality Systemic in Post-Apartheid South Africa? A Critical Analysis of Growing Denialism to 2015 Incidents

Politeia ◽  
2018 ◽  
Vol 37 (1) ◽  
Author(s):  
Mbekezeli Comfort Mkhize ◽  
Kongko Louis Makau
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Hate Crime ◽  
International Organisations ◽  
Foreign Nationals ◽  
The Rule Of Law ◽  
South Africans ◽  
Structural Problems ◽  
The Government

This article argues that the 2015 xenophobic violence was allowed to spread due to persistent inaction by state officials. While the utterances of King Goodwill Zwelithini have in part fuelled the attacks, officials tend to perceive acts of xenophobia as ordinary crimes. This perception has resulted in ill-advised responses from the authorities, allowing this kind of hate crime against foreign nationals to engulf the whole country. In comparison with similar attacks in 2008, the violent spree in 2015 is characterised by a stronger surge in criminal activities. The militancy showcased fed a sense of insecurity amongst foreigners, creating a situation inconsistent with the country’s vaunted respect for human rights and the rule of law. Investors lost confidence in the country’s outlook, owing in part to determined denialism in government circles regarding the targeting of foreigners. While drawing from existing debates, the article’s principal objective is to critically examine the structural problems that enable xenophobia to proliferate and the (in)effectiveness of responses to the militancy involved in the 2015 attacks. Of particular interest are the suggested responses that could be effective in curbing future violence. The article concludes that xenophobia is systemic in post-apartheid South Africa. Strong cooperation between the government, national and international organisations could provide the basis for successful anti-xenophobia measures. The article further argues that the country is obliged to find a sustainable solution to the predicament for humanitarian reasons firstly, and in recognition of the support South Africans received from its African counterparts during the liberation struggle.

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

Lawyers as Activists

2018 ◽  
Author(s):  
Michael C. Dorf ◽  
Michael S. Chu
Keyword(s):  
United States ◽  
Social Media ◽  
Social Change ◽  
Civil Rights ◽  
Rule Of Law ◽  
The United States ◽  
The Rule Of Law ◽  
Court Action ◽  
The Government ◽  
Trump Administration

Lawyers played a key role in challenging the Trump administration’s Travel Ban on entry into the United States of nationals from various majority-Muslim nations. Responding to calls from nongovernmental organizations (NGOs), which were amplified by social media, lawyers responded to the Travel Ban’s chaotic rollout by providing assistance to foreign travelers at airports. Their efforts led to initial court victories, which in turn led the government to soften the Ban somewhat in two superseding executive actions. The lawyers’ work also contributed to the broader resistance to the Trump administration by dramatizing its bigotry, callousness, cruelty, and lawlessness. The efficacy of the lawyers’ resistance to the Travel Ban shows that, contrary to strong claims about the limits of court action, litigation can promote social change. General lessons about lawyer activism in ordinary times are difficult to draw, however, because of the extraordinary threat Trump poses to civil rights and the rule of law.

scholarly journals Powers and Limits of State during COVID-19 Pandemic: a Critical Appraisal

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 663
Author(s):  
Iwan Satriawan ◽  
Devi Seviyana
Keyword(s):  
Rule Of Law ◽  
House Of Representatives ◽  
Critical Appraisal ◽  
Balance Of Power ◽  
The State ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Power Limits ◽  
The Government

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.

scholarly journals Functions of the state: concepts, classifications, scientific interpretations

1970 ◽  
pp. 406-410
Author(s):  
Marharyta Butsan
Keyword(s):  
Rule Of Law ◽  
Public Life ◽  
The State ◽  
Political Life ◽  
Historical Period ◽  
Legal Form ◽  
The Rule Of Law ◽  
The Government ◽  
Cultural Functions ◽  
State Functions

In the article the concept of state functions, realizing which the state carries out a targeted management impact on various spheres of a public life. They show that the government should do to achieve and implement the goals and tasks that lie before him in a certain historical period. Purposes of the functions of the state are the results that must be obtained in implementing the functions, goals can be immediate, intermediate, ultimate. On one stage of historical development, priority may be given to economic, the other political or socio-cultural functions, the third function of defense, etc. At the beginning of its inception, the state played a very small list of functions. The contents of most of them was of a pronounced class character. The functions manifest national characteristics of the country, because the state is obliged to provide the geopolitical interests of the ethnic group, to support the development of national culture, language, and the like. The contents and the list of functions to a large extent depend on the nature of the state, its social purpose in public life. The main duty of the state to maintain a level of social organization that would ensure not only the preservation of the integrity and prosperity of society as a whole, but also the needs of individuals. The article studies scientific approaches with respect to interpretation of the concept of functions, given the existing classification of state functions: the areas of activities of the state, duration and the like. The analysis of existing functions in Ukraine. The human rights function is currently the most relevant. Advocacy function has the expression in activities that are aimed at protecting the rights and freedoms of man and citizen, the rule of law and the rule of law in all spheres of public and political life. The peculiarities of exercise of the functions of the state are divided into legal and organizational. The legal form is a homogenous activity of state bodies related to the adoption of legal acts. Organizational form is a homogenous activity of the state aimed at creating organizational conditions to ensure functions of the state. In Ukraine there are three main forms of implementation of the activities of the state depending on types of activities: legislative, Executive, judicial. The basis for this separation is the provision of the Constitution of Ukraine, which is highlighted in these branches of government. In the implementation of all main functions of the state are actively involved all types of public power in Ukraine.

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