Institutions

2018 ◽  
Author(s):  
Christopher McCrudden
Keyword(s):  
Human Rights ◽  
Political Organization ◽  
Organizational Forms

This chapter focuses on why courts have come to be seen as attractive forums in which to address tensions between religion and secular human rights. There are several reasons. One reason is the greater availability of courts with a human rights jurisdiction. A second factor is the growth of secular NGOs, and parallel changes in organized religions’ organizational forms and political organization, both of which have contributed to the increased prevalence of religious litigation domestically and transnationally. A third contributing development is the growth of intra-religious factionalism, involving claims that one group’s doctrinal position is the more authentic or authoritative expression of a particular organized religion than that of another group within the same religion. State authorities are then put in the position of having to decide which group to engage with as the true representative of the organized religion, and the courts are called in to adjudicate.

scholarly journals The heritage of the League of Nations’ minority protection system

2022 ◽  
Keyword(s):  
Human Rights ◽  
League Of Nations ◽  
Protection System ◽  
Political Organization ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Group Rights ◽  
Minority Protection ◽  
International Human

Abstract This paper discusses the system of minority protection of the League of Nations. Minority protection occupied a prominent place on the League’s agenda, which developed a significant expertise in the field. The League’s system of minority protection is often regarded as an experiment. With regard to both material and procedural aspects this assessment is certainly correct. In particular, minority protection based upon legally binding treaties and declarations gave rise to the question of how individual and group rights should be treated within the frame of an international political organization. The paper further examines whether at least some of the elements of the League’s minority protection system still persist in the context of contemporary international human rights law.

scholarly journals ULFA’s Xhunor Axom1 and Negation of the State

2013 ◽  
Vol 13 (3) ◽  
Author(s):  
Bitasta Das
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Cross Sections ◽  
The State ◽  
Political Organization ◽  
Civilian Population ◽  
The People ◽  
Human Rights Violation

The people of Assam have been the worst sufferers as a result of the ongoing conflicts. Three decades of widespread human rights violation in the form of arrests, detention, killings and at times genocide have made life miserable for the democratic civilian population. As a result, over the years, various political and non-political organization, intellectuals and various cross sections of the civil society have been demanding for a political solution for the long standing arm conflict known as ―Indo Assam Conflict‖. (Borbora 2008:3).The people of Assam have been the worst sufferers as a result of the ongoing conflicts. Three decades of widespread human rights violation in the form of arrests, detention, killings and at times genocide have made life miserable for the democratic civilian population. As a result, over the years, various political and non-political organization, intellectuals and various cross sections of the civil society have been demanding for a political solution for the long standing arm conflict known as ―Indo Assam Conflict‖. (Borbora 2008:3).

New national organization of Europe: nationalism and minority rights after the end of the Cold War

2016 ◽  
Vol 31 (1) ◽  
pp. 21-41
Author(s):  
Matti Jutila
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Minority Rights ◽  
Political Organization ◽  
Post Cold War ◽  
Surface Level ◽  
National Minorities ◽  
Universal Human Rights ◽  
The Cold War ◽  
The Relationship

Post–Cold War Europe witnessed the resurgence of different forms of nationalism and also the re-establishment of a minority rights regime. At the surface level, rights of national minorities seem to undermine nationalism as a political organization principle, but on a closer investigation the relationship between the two is more complex. This article uses insights from the English school’s theorizing on primary and secondary institutions to investigate the relationship between the primary institution of nationalism and secondary institution of minority rights regime. After a brief discussion of nationalism as a primary institution and its influence on the implementation of universal human rights, this article presents a detailed study of the minority rights regime analysing how it challenges, transforms and reproduces nationalism as a primary institution of contemporary European society of states.

scholarly journals “A Fundamental Human Right”? Mixed-Race Marriage and the Meaning of Rights in the Postwar British Commonwealth

2021 ◽  
Vol 63 (3) ◽  
pp. 655-684
Author(s):  
Jon Piccini ◽  
Duncan Money
Keyword(s):  
Human Rights ◽  
British Empire ◽  
Political Organization ◽  
Human Right ◽  
Marriage And Family ◽  
Interracial Marriages ◽  
Local Contexts ◽  
History Of ◽  
Commonwealth Of Nations ◽  
British Commonwealth

AbstractThis article explores the removal or exclusion in the late 1940s of people in interracial marriages from two corners of the newly formed Commonwealth of Nations, Australia and Britain's southern African colonies. The stories of Ruth and Sereste Khama, exiled from colonial Botswana, and those of Chinese refugees threatened with deportation and separation from their white Australian wives, reveal how legal rearticulations in the immediate postwar era created new, if quixotic, points of opposition for ordinary people to make their voices heard. As the British Empire became the Commonwealth, codifying the freedoms of the imperial subject, and ideas of universal human rights “irrespective of race, color, or creed” slowly emerged, and claims of rights long denied seemed to take on a renewed meaning. The sanctity of marriage and family, which played central metaphorical and practical roles for both the British Empire and the United Nations, was a primary motor of contention in both cases, and was mobilized in both metaphorical and practical ways to press for change. Striking similarities between our chosen case studies reveal how ideals of imperial domesticity and loyalty, and the universalism of the new global “family of man,” were simultaneously invoked to undermine discourses of racial purity. Our analysis makes a significant contribution to studies of gender and empire, as well as the history of human rights, an ideal which in the late 1940s was being vernacularized alongside existing forms of claim-making and political organization in local contexts across the world.

Summary of Propositions

2020 ◽  
pp. 23-25
Author(s):  
Alasdair Roberts
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
The State ◽  
State System ◽  
Political Organization ◽  
Substantial Influence ◽  
Overall Design ◽  
State Apparatus ◽  
Governance Strategies ◽  
Design Construction

This chapter summarizes the propositions that are emphasized within the proposed macro-level approach to public administration. These propositions suggest that the fundamental unit of political organization is the state. Every state has leaders; that is, a relatively small group of people who have substantial influence over the ordering of state goals and the means by which those goals are pursued. Generally, leaders try to maintain and improve their own positions within the state apparatus; increase power and legitimacy within the state system; increase power and legitimacy within the state's own territory; and increase national prosperity. In addition, leaders ought to advance human rights for the population that is subject to their authority. The behavior of leaders is guided by governance strategies that describe priorities and the means by which those priorities will be pursued. The chapter then details the aspects of the governing environment which must be taken into account as leaders set priorities and decide how those priorities will be pursued. Ultimately, scholars and practitioners in the field of public administration should be experts in the overall design, construction, administration, and renovation of those institutions that constitute a state. They should use this expertise to help leaders craft governing strategies that are effective, durable, and normatively defensible.

Motho ke motho ka batho, an African Perspective on Popular Sovereignty and Democracy

2019 ◽  
pp. 260-280
Author(s):  
M. B. Ramose
Keyword(s):  
Human Rights ◽  
Popular Sovereignty ◽  
Political Organization ◽  
Physical Entity ◽  
Human Relations ◽  
Ancient Athens ◽  
The Core ◽  
African Perspective ◽  
Core Meaning ◽  
Physical Fact

Motho ke motho ka batho is an ethical maxim to be found in many of the vernaculars of the Bantu-speaking peoples in Africa. It is based on the ontological view that motion is the principle of be-ing. It recognizes being human as a physical fact, but adds that in the ethical sense, a human being proper is one who acknowledges relationality with be-ing as a wholeness. This imposes the obligation to recognize, respect, protect, and promote life in all its manifestations, including the sphere of human relations. To act according to this ethical obligation is to rise above the level of selo, a mere physical entity, and to affirm one’s own humanness. This is the basis for economic, social, and political organization among the Bantu-speaking peoples. It is pithily stated as motho ke motho ka batho; umuntu ngumuntu ngabanye bantu. It is the core meaning of bantucracy. Historically, it predates the contemporary discourses on human rights. Against this background, the thesis to be defended here is that ethics precedes politics. An integral part of this thesis is that the principle of popular sovereignty ought not to be eliminated in politics. Furthermore, the desideratum for democracy—a means to an end—does not, by necessity, require elections and substantial possession of wealth or money. Was democracy in ancient Athens fortified and ameliorated by elections?

scholarly journals Turquía: supresión del régimen parlamentario bajo el estado de emergencia. (Observaciones preliminares sobre la modificación constitucional aprobada por el referéndum de 16 de abril de 2017)

2018 ◽  
pp. 489
Author(s):  
Ibrahim Ö. Kaboğlu
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Political Organization ◽  
European Convention ◽  
Military Coup ◽  
New Order ◽  
Time Dimension ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Democratic State

This paper discusses the politico-constitutional upheavals that took place in Turkey since 15 July 2016. While a state of emergency has been proclaimed to restore the public order disturbed by the attempted military coup, a constitutional modification, addressed to remove the parliamentary system, has been adopted under exceptional circumstances. The first question we considered in this paper is the constitutional practice of the state of emergency proclaimed, both in the perspective of the binding Constitution and the European Convention on Human Rights. Secondly, we analyzed the constitutional modifications, which appear very radical with respect to the continuity of the constitutional order, with respect to the time dimension of its effects, to the procedure adopted and the requirements of the rule of law. We finally asked ourselves whether such «new order»! is sustainable in a political organization conceived as a democratic State based on the rule of law and the respect of human rights.

scholarly journals Human Rights and Freedoms in the Digital Era: Problems and Perspectives of Their Establishment in the Eurasian Space

2019 ◽  
Vol 12 (4) ◽  
pp. 93
Author(s):  
Baranov Pavel Petrovich ◽  
Mamychev Aleksei Yurievich ◽  
Mordovtsev Andrei Yurievich ◽  
Soloviev Oleg Vyacheslavovich ◽  
Gnatovskaya Elena Nikolaevna
Keyword(s):  
Human Rights ◽  
Social Systems ◽  
Digital Technologies ◽  
Political Organization ◽  
Digital Information ◽  
Life Activity ◽  
Managerial Decisions ◽  
Digital Era ◽  
Human Rights Standards ◽  
Political Decisions

The article touches upon the process of transformation of a socio-political organization in the legal system, caused by integration of digital technologies and autonomous algorithmic systems. It is justified that the development of machine education and artificial intelligence systems can result in human suspension from taking important social and political decisions. Impermeability and fluidity of modern digital technologies provides hidden functioning mode of the latter, whilst their specificity is not included in the formulated agenda, creating and taking managerial decisions or planning everyday life activity. The article proves that the aftereffects of the fourth technological revolution claim for returning of the human rights standards, freedoms and legal interests as the leading form of a reference point in the global digital rivalry and in the development of certain social systems, also the necessity to establish a distinct system of human rights guarantee and human safety in the era of developing principally new digital relations is proved. Meanwhile, digital information legislation needs systematization and a strict consistent state.

scholarly journals Diversity of legal systems in a totalitarian and democratic society

2020 ◽  
pp. 71-74
Author(s):  
Volodymyr Tartasiuk
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
The State ◽  
Political Organization ◽  
Scientific Concept ◽  
Legal Systems ◽  
Negative Freedom ◽  
Totalitarian Regime ◽  
Functional Specification ◽  
General Terms

The article presents an analysis of the diversity of democratic and totalitarian systems, proposes the following legal criteria fordelineation: different interpretation and realization of human rights, the presence of negative freedom, revisionist attitude to the institutionof citizenship, the predominance of criminal law over civil and administrative, as well as the low functional specification of thejustice system in totalitarian states.The diversity of legal systems in totalitarian and democratic societies is manifested through the fundamental difference betweenthese types of regimes.While, in general terms, democracy is a form of political organization of society based on the recognition of ci -tizens as the main source of power with the ability to influence political decision-making, at least through participation in periodic elections,the fate of the scientific concept of totalitarianism in the humanities is shorter.It is important to draw a certain distinction not only between democracy and totalitarianism, but also to emphasize the latter’snon-identity to authoritarian rule. In authoritarianism, there is also a usurpation of power, which may have the character of sole tyranny,the fusion and control of its branches, the restriction of human rights and the like. Despotism and tyranny provide for equal conditionsfor subjects, but for totalitarian rule such equalization was not sufficient since it did not affect non-political public relations betweensubjects. At the same time, totalitarian regimes lead to the destruction of such ties, atomizing society and leveling any formal or informalassociations other than those authorized and merged with the total state.Totalitarianism and democracy are systems based on values and ideologies (at least at the time of their formation and legitimization)and also require individual activity from members of society to support the political system for the sake of their sustainable existence.For political regimes, the nature of the relationship of law to State can be described as a partial – authoritarian regime, or a continuous– democratic regime, one of the conditions of which is the rule of law over the State and the determination of the orientationof the State and its methods of implementation by law. Under a totalitarian regime, law becomes only an instrument of the State toimpose its will on society and man.

Class, Nation, and Political Organization: The Anti-Zionist Left in Israel/Palestine

2009 ◽  
Vol 75 (1) ◽  
pp. 85-108 ◽  
Author(s):  
Ran Greenstein
Keyword(s):  
Human Rights ◽  
Communist Party ◽  
Self Determination ◽  
Political Organization ◽  
The Political ◽  
Arab Nationalism ◽  
British Rule ◽  
Radical Critique ◽  
National Movements ◽  
The Relationship

AbstractThe paper discusses historical lessons offered by the experience of two leftwing movements, the pre-1948 Palestinian Communist Party, and the post-1948 Israeli Socialist Organization (Matzpen). The focus of discussion is the relationship between class and nation as principles of organization.The Palestinian Communist Party was shaped by forces that shaped the Israeli-Palestinian conflict: British rule, Zionist ideology and settlement practices, and Arab nationalism. At intensified conflict periods it was torn apart by the pressures of competing nationalisms. By the end of the period, its factions agreed on one principle: the need to treat members of both national groups equally, whether as individuals or as groups entitled to self-determination. This position was rejected by both national movements as incompatible with their quest for control.In the post-1948 period, Matzpen epitomized the radical critique of Zionism. It was the clearest voice speaking against the 1967 occupation and for restoration of Palestinian rights. However, it never moved beyond the political margins, and its organization failed to provide members with a sustainable mode of activism. It was replaced by a new mode, mobilizing people around specific issues instead of presenting an overall program.The paper concludes with suggestions on how the Left may use these lessons to develop a strategy to focus on the quest for social justice and human rights.

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