Law at the Heart of Violence

2020 ◽  
pp. 118-157
Author(s):  
Nikita Agarwal
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Development Project ◽  
The State ◽  
Law And Order ◽  
Legal Aid ◽  
The Rule Of Law ◽  
Women Lawyers ◽  
State Apparatus ◽  
The Subject

This essay seeks to draw upon the updates of the Jagdalpur Legal Aid Group (JagLAG), a group of women lawyers working in the conflict-torn region of South Chhattisgarh representing adivasis of Bastar at various sites of law and documenting law in conflict. Using the JagLAG updates as archives of the life of law in Bastar, the chapter draws upon the life of law in a terrain of violence, wherein the Rule of Law collapses under the weight of the gun and the subject of law is dehumanized; reduced to a development project of the state requiring uplifting and is denied all human rights. Divided into three parts, the chapter maps out the capacity of law to fashion itself to suit the needs of the state apparatus which grows increasingly offensive and brazenly disregards human rights, silencing any form of dissent as it storms through the forests of Bastar, destroying countless lives in its stead. Notwithstanding the bourgeoisie nature of law which by design seeks to alienate and oppress, the chapter leaves behind questions worth pondering over. Are there possibilities in the law of articulating, ascertaining and asserting the voices of the marginalized, of those who are perceived as enemies of the state, mere casualties in the State’s endeavour of combating a law and order situation or is vesting any energy and hope in such a possibility of law a useless exercise?

APPLICATION OF FIREARMS AS ONE OF THE MEANS OF COORDINATION BY THE STATE WITHIN THE COMPETENCE OF EMPLOYEES OF INTERNAL AFFAIRS

2021 ◽  
Author(s):  
Vladymyrov M. ◽  
Paliukh V.
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Social Groups ◽  
Law Enforcement Officers ◽  
The State ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Right ◽  
The Impact

The article considers the main competencies of law enforcement officers who have the right to use firearms, as a force representing the state to maintain law and order, and prevent violations of human rights and security, which allows to determine the levels of possible use of firearms as a form of coercion and influence on civil society, as well as to identify its subjects and objects - to identify all participants in such a process, and the impact on large social groups in order to comply with the rule of law in society.

APPLICATION OF THE RULE OF LAW IN JUDICIAL PRACTICE

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Relations ◽  
Political Power ◽  
Early Stage ◽  
The State ◽  
Broad Sense ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Judicial Practice

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.

THE WIDENING GYRE: COUNTER-TERRORISM, HUMAN RIGHTS AND THE RULE OF LAW

2008 ◽  
Vol 67 (1) ◽  
pp. 69-91 ◽  
Author(s):  
Arthur Chaskalson
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Internet ◽  
The Rule Of Law ◽  
Counter Terrorism ◽  
Daunting Task ◽  
The Subject ◽  
Google Search ◽  
Is Value ◽  
Do So

There are two themes that recur in previous Sir David Williams lectures. First, that it is a considerable honour to be invited to give the lecture. Secondly, that it is a daunting task to do so in the presence of Sir David, particularly in a field in which he has expertise. Since that covers most of the law there is no escape from this dilemma. Let me then acknowledge the privilege of having been asked to give this year's lecture, and confess that it is with some trepidation that I do so. The subject, terrorism and human rights, is not exactly uncharted territory. When I looked into the internet for some guidance on what might be relevant to terrorism and human rights, the response to my Google search informed me that in .03 seconds 32,900,000 references had been found. This seemed to indicate that it was unlikely that I would be able to say anything that has not already been said. But there are some subjects that are of such importance that there is value in reminding ourselves of the issues that are at stake, and if necessary for that purpose, repeating what others have said. And it is with that in mind that I approach my chosen topic.

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

scholarly journals State Capture in Mexico: A Theoretical and Historical Review

2021 ◽  
Vol 7 (1) ◽  
pp. 105-124
Author(s):  
Gerardo Sánchez Lara ◽  
Andrea Valdés
Keyword(s):  
Political Violence ◽  
Money Laundering ◽  
Rule Of Law ◽  
Historical Review ◽  
The State ◽  
The Rule Of Law ◽  
State Apparatus ◽  
State Capture

The purpose of this article is to review the works of several academics specialized in the matter of security, which the authors will use as an analytical setting and revision their outcomes to define and understand the concept of state capture. Once the concept of state capture is defined, then the case of Mexico will be analysed. This article intends to discuss several indicators regarding state capture such as the rule of law, how political violence has also influenced the issues of corruption, impunity, and mentions how money laundering prevention serves as a tool for tackling corruption. In order to grasp an understanding what state capture is, we must first develop conceptualizations of corruption, impunity and its classifications, the rule of law, and the state apparatus. This article intends to analyse the implications that all of the above might have with regards to a state captured democracy, from an academic approach.

Crossfire and Violation of Human Rights in Bangladesh

2021 ◽  
pp. 1481-1496
Author(s):  
Md. Awal Hossain Mollah
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal Framework ◽  
The State ◽  
Law And Order ◽  
Security Forces ◽  
The Law ◽  
Protection Of Life

The aim of this paper is to examine the state of violation of human rights by crossfire through law enforcing agencies in Bangladesh. Though the law enforcing agencies are primarily responsible for maintaining the law and order, protection of life and property of the citizens and prevention and detection of crime to establish rule of law in a society, however, the violation of human rights by the law enforcing agencies in Bangladesh has increased severely for the last few years. This paper critically examines the existing legal framework of governing the law enforcing agency, causes of violation of human rights and finally pinpoint some recommendations for the eradication of the pitfalls of security forces.

Sociedad Civil, Estado De Derecho Y Justicia Constitucional. El Rompimiento De Paradigmas Y La Generación De Nuevos Retos

Xihmai ◽  
2019 ◽  
Vol 13 (26) ◽  
Author(s):  
Francisco Jaime Hidalgo González [1]
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Public Sphere ◽  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
Derechos Humanos ◽  
Constitutional Justice ◽  
Investigación Cualitativa ◽  
Sociedad Civil

ResumenA partir de la reforma constitucional de junio de 2011, la obligación del Estado, desde su actuar integral de garantizar y tutelar los derechos humanos, generó una nueva dimensión desde la cual debemos entender y construir el Estado de Derecho. La Justicia Constitucional tiene como fines principales mantener la supremací­a constitucional, el equilibrio entre los poderes del Estado y la protección de las personas limitando el ejercicio de poder polí­tico a través de la aplicación de dos principios sustantivos y procedimentales: el principio de constitucionalidad y el principio de convencionalidad.Palabras clave: Estado, Sociedad Civil, Esfera Pública, Estado de Derecho, Justicia Constitucional, Derechos Humanos.AbstractSince the constitution reform of june 2011 the obligation of the State from his responsibility of guarantee and protect human rights generated a new dimension from which we must understand and build the Rule of Law. The Constitutional Justice has as main goals keep the constitutional supremacy, the balance between the powers of the State and the protection of the individuals by limiting the exercise of political power through the application of the principles of constitutionally and conventionality.Keywords: State, Civil Society, Public Sphere, Rule of Law, Constitutional Justice, Human Rights.    [1] Egresado de la Licenciatura en Derecho de la Universidad La Salle Pachuca. Profesor de Derecho Constitucional y Procesal Constitucional en la misma Universidad. Cuenta con estudios sobre Sociedad Civil e Instituciones Democráticas, Metodologí­as de Investigación Cualitativa y Cuantitativa, desarrollo de análisis legislativo, así­ como para la planeación, implementación y evaluación de Indicadores de Gestión y Evaluación de Polí­ticas Públicas. Ha publicado diversos artí­culos académicos sobre Ciudadaní­a, Democracia, Derechos Humanos, Análisis Constitucional y Comportamiento Electoral. Es miembro del Centro de Estudios Constitucionales y Derechos Humanos del Estado de Hidalgo.

Horizontal Accountability in Transitional Democracies: The Human Rights Ombudsman in El Salvador and Guatemala

2004 ◽  
Vol 46 (4) ◽  
pp. 1-27 ◽  
Author(s):  
Michael Dodson ◽  
Donald Jackson
Keyword(s):  
Human Rights ◽  
El Salvador ◽  
Rule Of Law ◽  
The State ◽  
Public Officials ◽  
Authoritarian Rule ◽  
Abuse Of Power ◽  
The Rule Of Law ◽  
Transitional Democracies ◽  
Political Responses

AbstractPostwar El Salvador and Guatemala have undertaken to reform and democratize the state and to support the rule of law. Each country entered the 1990s hobbled by a legacy of authoritarian rule, while a corrupt and politicized judiciary offered virtually no check on the abuse of power. Because the judiciary has performed poorly as an institution of horizontal accountability, this article examines the performance of a new “accountability agency,” the Human Rights Ombudsman. The article discusses the context in which the office was established and developed in each country, perceptions of its performance, and political responses as the office began to perform its function of holding public officials accountable in their exercise of power. Unfortunately, this new office may fall prey to the same weaknesses that have plagued older institutions in both countries.

The State of Emergency and Exception in Algeria, Morocco and Tunisia: The ‘License to Kill’ the Rule of Law?

2020 ◽  
pp. 002190962096253
Author(s):  
Francesco Tamburini
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The State ◽  
Democratic Process ◽  
State Of Emergency ◽  
Social Unrest ◽  
The Rule Of Law

This paper shows how the constitutional provisions related to the state of emergency and exception, although they are contained within democratic traditions, were set to operate in Algeria, Morocco and Tunisia as a mechanism of basic control and maintenance of liberal autocracies. The state of emergency model was used for the survival of regimes in times of instability and social unrest, leading in some cases to the suspension of human rights for many years. Nevertheless, these provisions were modified or lifted when the regime had to show a more convincing stake to the democratic process in 2011.

Sign in / Sign up

Export Citation Format

Share Document