How Place-Specific Duties Make Borders Morally Relevant

On Borders ◽  
2020 ◽  
pp. 143-171
Author(s):  
Paulina Ochoa Espejo
Keyword(s):  
Rule Of Law ◽  
Effective Means ◽  
Equal Rights ◽  
The Rule Of Law ◽  
Local Practices ◽  
Liberal Rights ◽  
People Today

Many people today hold that borders are morally arbitrary, and therefore we should seek a world without borders. This chapter challenges this view. It holds that borders matter morally because bounded jurisdictions sustain liberal rights, which are still the most effective means to resist oppression. However, the chapter argues, the value of borders does not come from grounding equal rights among the members of a group defined by identity, instead what defines the scope of right is place. The chapter examines the idea of place and place-specific duties. The chapter argues that rights cannot be upheld unless the beneficiaries participate in common institutions with others, and a necessary part of these institutions is indexed to place rather than identity. Such institutions, including the rule of law, are embodied and require specific local practices of cooperation. This explains why we need borders to coordinate action in modern societies marked by pluralism.

Siyasah Shar'iyah or the Policies of Islamic Government

1989 ◽  
Vol 6 (1) ◽  
pp. 59-80
Author(s):  
Mohamad Hashim Kamali
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Islamic Law ◽  
Effective Means ◽  
Public Affairs ◽  
Effective Control ◽  
The Rule Of Law ◽  
Arbitrary Power ◽  
The Individual ◽  
Substantive Law

IntroductionSiyasah shar'iyah is a broad doctrine of Islamic law which authorizesthe ruler to determine the manner in which the Shari'ah should be administered.The ruler may accordingly take discretionary measures, enact rules and initiatepolicies as he deems are in the interest of good government, providedthat no substantive principle of the Shari'ah is violated thereby. The discretionarypowers of the ruler under siyasah shar'iyah are particularly extensivein the field of criminal law. The head of state and those who are incharge of public affairs, the 'ulu al amr, may thus decide on rules and proceduresas they deem appropriate in order to discover truth and to determineguilt. With regard to the substantive law of crimes, too, the 'ulu al amr havepowers to determine what behavior constitutes an offense and what punishmentis to be applied in each case.Many observers have expressed concern over the wide discretionarypowers that rulers and judges enjoy under siyasah shar'iyah. It is suggestedthat siyasah, as such, defies effective control, and it is open to abuse, whichwould ultimately undermine the ideals of justice under the rule of law. Oneobserver has thus considered siyasah as "direct negation of what may be regardedas the second essential implication of the idea of the rule of law in asecular system- namely, the principle that the sovereign must not possessany arbitrary power over the subject."According to another critic, siyasah has enabled the Islamic ruler to enactlegislation, especially in the field of criminal law, under the guise of "administrativeregulations." But in effect, the ruler enacted independent legislationin such areas as taxation, police matters, and the administration of justice,in general, which often interferred with, or severely circumscribed, theShari'ah.Penalties imposed at the discretion of the ruler or the judge are knownas ra'z'irat. As a branch of siyasah, ta'zir (lit. deterence) must differ accordingto the nature of the offense and the particular circumstances of the offender.The judge may thus determine the punishment of ta'zir in each caseaccording to his own observations and personal ijtihad. It has been suggestedthat the individual in such a system is exposed to official abuse against whichhe has no effective means of protecting himself ...

scholarly journals Rule Of Law Is Becoming A Value

2021 ◽  
Vol 03 (02) ◽  
pp. 115-122
Author(s):  
Sherali Mukhammad Ugli Subkhonov ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Effective Means ◽  
Modern Society ◽  
The United States ◽  
Modern Human ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Cis Countries ◽  
And Control

In the article, the rule of law is positioned as a universal principle of ensuring human rights, the main value of modern society. The history of formation, legal nature, the content of the rule of law as a principle, a legal phenomenon and a conceptual approach to modern human rights have been studied. Besides, the foreign experience of the implementation of the rule of law has been analyzed in the CIS countries, the European Council, the United States and researched mechanisms for ensuring the rule of law. The principle of the rule of law is presented as the only effective means of ensuring the inviolability of democracy, as well as one of its main features, and its provision and control is a guarantee of ensuring human rights to the extent that decent living conditions are created for every person.

Wherefore the Liberal State?

2007 ◽  
Vol 21 (2) ◽  
pp. 294-315 ◽  
Author(s):  
Jørgen Møller
Keyword(s):  
Rule Of Law ◽  
Liberal Democracy ◽  
Social Mechanisms ◽  
Liberal State ◽  
The Rule Of Law ◽  
Fiscal Sociology ◽  
Liberal Constitutionalism ◽  
Liberal Rights

The post-Soviet setting is characterized by a disheartening political paradox. Since the fall of communism, some kind of electoralism has been spreading to almost every corner of the former empire, yet liberal rights and the rule of law have not been its fellow travelers; nor do they seem destined to provide companionship in the imminent future. Revisiting the long-standing German current of fiscal sociology, it is possible to solve this paradox. In the Europe of yesterday, liberal constitutionalism was the product of a quid pro quo between the rulers and the ruled: an exchange of rights for revenue. Historically, this “grand bargain of the liberal state” was a prerequisite for liberal democracy, and the very same social mechanisms—or lack thereof— seem to be operating in the post-Soviet world of today.

Gender dimensions in the coordinate system of public management and administration

2021 ◽  
Vol 28 (3) ◽  
pp. 144-153
Author(s):  
Gulbarchyn N. Muratbaeva ◽  
Vladislav Nikolaiev ◽  
Oleksandra I. Vasylieva ◽  
Nataliia V. Vasylieva ◽  
Svitlana O. Moskalenko
Keyword(s):  
Public Relations ◽  
Gender Equality ◽  
Rule Of Law ◽  
Public Management ◽  
Legal Regulation ◽  
Subject Area ◽  
Kyrgyz Republic ◽  
Equal Rights ◽  
The Rule Of Law ◽  
Fundamental Law

Nowadays, constitutional reforms are continuing, which are aimed at the development of a democratic state governed by the rule of law and European integration. Equal rights and opportunities for both genders constitute one of the fundamental principles of democracy and respect for the individual. Gender equality permeates all the provisions of the Constitutions of Kyrgyzstan and Ukraine. In fact, the Fundamental Law determines the gender strategy for the state. The most important line of the women's movement in recent years has been lobbying for necessary changes in laws and draft laws related to gender issues. The study analyses some aspects of women's representation in the activities of government bodies in Ukraine and the Kyrgyz Republic. The study presents theoretical and practical opinions, expert assessments on the representation of women in a state governed by the rule of law. The problems of reforming the legislation and the foundations of public relations since the beginning of the 1990s and up to the present time are also addressed, leading to a rethinking of the essence of gender equality and contributing to the activation of the development of new approaches to legal regulation in the given subject area. During the analysis, it was noted that to perform international obligations to achieve gender equality in the countries under study, constitutional framework and guarantees of adherence to the principle of equality were developed, which is also constituted in the provisions of the Fundamental Law of the Kyrgyz Republic and the Constitution of Ukraine

Changing the rule of law

IEE Review ◽  
1989 ◽  
Vol 35 (6) ◽  
pp. 218
Author(s):  
Clifford Gray
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law

Changing the rule of law

IEE Review ◽  
1989 ◽  
Vol 35 (1) ◽  
pp. 24
Author(s):  
H. Aspden
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law

A Review of the Electoral Process under Ghana's Fourth Republic

2020 ◽  
Vol 28 (3) ◽  
pp. 355-377
Author(s):  
Lydia A. Nkansah ◽  
Delali A. Gawu
Keyword(s):  
Rule Of Law ◽  
Electoral Process ◽  
The Rule Of Law ◽  
Members Of Parliament ◽  
Electoral Cycle ◽  
Fourth Republic ◽  
General Elections ◽  
Election Results

There have been seven general elections, under Ghana's Fourth Republic, to elect presidents and members of parliament. There are laws regulating the electoral process and election results have generally been accepted and, in a few cases, challenged through the laid-down process. Elections in Ghana are nonetheless reportedly flawed with irregularities tainting the outcome and creating tensions and sometimes pockets of violence. This article examines the electoral process under Ghana's Fourth Republic, namely the adoption of regulations for each electoral cycle, voters’ registration and the voters’ register, nomination of aspirants, voting, counting of votes and declaration of the results. To ensure the integrity of the electoral process, the laws regulating elections should comply with the dictates of the procedural requirements of the rule of law and the Electoral Commission's actions must be consistent with these laws.

Sign in / Sign up

Export Citation Format

Share Document