Jurisdiction as Political Power

2020 ◽  
pp. 130-158
Author(s):  
Lea Raible
Keyword(s):  
Human Rights ◽  
Best Approximation ◽  
Political Power ◽  
Public Institutions ◽  
States Of Affairs ◽  
The Best Approximation

Moving from the conceptual to the substantive, this chapter refines our account of jurisdiction based on a concept of power and argues that it is best understood as political power in particular, as opposed to coercion. I argue that political power in this context should be conceptualised to denote the ability of public institutions to determine how individual powers are transformed. That is, political power is the ability of public institutions to mediate the abilities of individuals into a different set of abilities. As such, it is constitutive of and necessary for public institutions, it affects individuals because it provides the very framework for them to pursue their lives in equality, and it is virtually unavoidable. The exercise of political power results in non-exclusive control on particular states of affairs in the area of the rights outlined in any given treaty. The vehicle through which this power is manifested is the choice and application of rules. Political power so understood is the best approximation of a factual position to guarantee equality, which, as we have seen in Chapter 2, is what justifies human rights obligations of public institutions in the first place.

Human Rights Unbound

2020 ◽  
Author(s):  
Lea Raible
Keyword(s):  
Human Rights ◽  
Political Power ◽  
Public Institutions ◽  
Political Rights ◽  
International Human Rights ◽  
Cultural Rights ◽  
Human Rights Treaties ◽  
Major Shift ◽  
International Human ◽  
Conceptual Necessity

This book develops a theory of extraterritorial human rights obligations in international law. It links debates on human rights theory with those relating to extraterritoriality and merges accounts of economic social and cultural rights with those of civil and political rights. It advances four main arguments aimed at changing the way we think about extraterritoriality of human rights. First, it is argued that the questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, the book shows that human rights as found in international human rights treaties are underpinned by the values of integrity and equality. Third, it is argued that these same values justify the allocation of human rights obligations towards specific individuals to public institutions—including states—that hold political power over said individuals. And fourth, the book argues that title to territory is best captured by the value of stability, as opposed to integrity and equality. If these arguments are successful, their consequence is a major shift in how we view extraterritorial human rights obligations. Namely, the upshot is that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power, is met. However, on the present account, this threshold is not just a conceptual necessity but a normative one as well. It is needed because it not only describes, but also justifies the allocation of obligations.

scholarly journals Economic elites and the constitutional design of sharing political power

2021 ◽  
Author(s):  
Victoria Paniagua ◽  
Jan P. Vogler
Keyword(s):  
Political Power ◽  
Public Institutions ◽  
Power Sharing ◽  
Scholarly Work ◽  
Economic Interests ◽  
Constitutional Design ◽  
Economic Elite ◽  
State Apparatus ◽  
Economic Elites ◽  
Resource Diversity

AbstractWhat explains the emergence and persistence of institutions aimed at preventing any ruling group from using the state apparatus to advance particularistic interests? To answer this recurring question, a burgeoning literature examines the establishment of power-sharing institutions in societies divided by ethnic or religious cleavages. Going beyond existing scholarly work focused on these specific settings, we argue that political power-sharing institutions can also be the result of common disputes within the economic elite. We propose that these institutions are likely to emerge and persist when competition between elite factions with dissimilar economic interests is balanced. To address the possibility of endogeneity between elite configurations and public institutions, we leverage natural resource diversity as an instrument for elite configurations. We show that, where geological resources are more diverse, competition between similarly powerful economic groups is more likely to emerge, leading ultimately to the establishment of power-sharing mechanisms that allow elite groups to protect their diverging economic interests.

The Economic and Political Determinants of Human (Including Health) Rights

1978 ◽  
Vol 8 (1) ◽  
pp. 145-168 ◽  
Author(s):  
Vicente Navarro
Keyword(s):  
Human Rights ◽  
Power Relations ◽  
Political Power ◽  
Political Rights ◽  
Individual Property ◽  
Socioeconomic Rights ◽  
Civil And Political Rights ◽  
Fair Wages ◽  
The Right ◽  
The U.S

This paper presents an analysis and critique of the U.S. government's current emphasis on human rights; and (a) its limited focus on only some civil and political components of the original U.N. Declaration of Human Rights, and (b) its disregard for economic and social rights such as the rights to work, fair wages, health, education, and social security. The paper discusses the reasons for that limited focus and argues that, contrary to what is widely presented in the media and academe: (1) civil and political rights are highly restricted in the U.S.; (2) those rights are further restricted in the U.S. when analyzed in their social and economic dimensions; (3) civil and political rights are not independent of but rather intrinsically related to and dependent on the existence of socioeconomic rights; (4) the definition of the nature and extension of human rights in their civil, political, social, and economic dimensions is not universal, but rather depends on the pattern of economic and political power relations particular to each society; and (5) the pattern of power relations in the U.S. society and the western system of power, based on the right to individual property and its concomitant class structure and relations, is incompatible with the full realization of human rights in their economic, social, political, and civil dimensions. This paper further indicates that U.S. financial and corporate capital, through its overwhelming influence over the organs of political power in the U.S. and over international bodies and agencies, is primarily responsible for the denial of the human rights of the U.S. population and many populations throughout the world as well.

Intracranial volume-pressure relationship in man

1982 ◽  
Vol 56 (4) ◽  
pp. 524-528 ◽  
Author(s):  
Joseph Th. J. Tans ◽  
Dick C. J. Poortvliet
Keyword(s):  
Best Approximation ◽  
Continuous Monitoring ◽  
Fluid Pressure ◽  
Constant Term ◽  
Volume Index ◽  
Intracranial Volume ◽  
Content Type ◽  
The Best Approximation ◽  
Ventricular Fluid Pressure ◽  
Fine Print

✓ The pressure-volume index (PVI) was determined in 40 patients who underwent continuous monitoring of ventricular fluid pressure. The PVI value was calculated using different mathematical models. From the differences between these values, it is concluded that a monoexponential relationship with a constant term provides the best approximation of the PVI.

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.

scholarly journals The best approximation and composition with inner functions.

1995 ◽  
Vol 42 (2) ◽  
pp. 367-378 ◽  
Author(s):  
M. Mateljević ◽  
M. Pavlović
Keyword(s):  
Best Approximation ◽  
Inner Functions ◽  
The Best Approximation
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