Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

Secrets and Lies

2015 ◽  
Author(s):  
Adrian Guelke
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Barack Obama ◽  
Mass Casualty ◽  
Theory And Practice ◽  
Political Leaders ◽  
The Rule Of Law ◽  
The Public ◽  
Counter Terrorism ◽  
Constitutional Government

The response of Western governments to the threat posed by mass-casualty terrorism has resulted in a widening gulf between their theory and practice of counter-terrorism and their proclaimed commitment to the maintenance of fundamental human rights. A shocking picture has emerged of wrongdoing perpetrated under the broad terms of counter-terrorist measures adopted since 9/11. This chapter seeks to explain this outcome, especially in the light of the episodic and limited nature of attacks by jihadis on Western societies since 2001. It also examines how President Barack Obama has grappled with the argument that some of the measures designed to protect the public from terrorism pose a threat to constitutional government and to the rule of law. It notes that his readiness to accept that such dangers do indeed exist has been exceptional among Western political leaders and that reliance on secrecy, misinformation, and denial has been the norm.

The Rule of Law, Domestic and International

2019 ◽  
pp. 19-46
Author(s):  
Ian Hurd
Keyword(s):  
Human Rights ◽  
Social Welfare ◽  
International Law ◽  
Rule Of Law ◽  
The State ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
The Government ◽  
Central Claim ◽  
Individual Human

This chapter looks at the domestic rule of law and its uneasy translation to international politics. The central claim is this: the domestic rule of law is in effect when there exists a set of stable public laws binding in theory and practice on both citizens and the state. There are two main lines of debate in existing literature on the domestic rule of law. The first asks whether individual human rights and collective social welfare are effects of the rule of law or constitutive of it. The second debate involves how the rule of law can be distinguished from rule by law, in which the state uses the framework of law instrumentally to legitimate and reinforce its domination. Three claims about the rule of law are constant across these debates: that rules should be public and stable, that rules should apply to the government as well as the citizens, and that the rules should be applied equally across cases. None of these translates easily to the realm of international law. Thus, domestic rule of law provides an unsuitable model for an international equivalent.

Alternative Dispute Resolution, Access to Justice and Development in Kenya

2015 ◽  
Vol 1 (1) ◽  
pp. 1-21
Author(s):  
Kariuki Muigua ◽  
Francis Kariuki
Keyword(s):  
Economic Development ◽  
Human Rights ◽  
Dispute Resolution ◽  
Formal Methods ◽  
Rule Of Law ◽  
Alternative Dispute Resolution ◽  
Access To Justice ◽  
The Rule Of Law ◽  
Strong Case ◽  
Golden Thread

The Constitution of Kenya, 2010, envisions a prominent role for alternative dispute resolution, including traditional dispute resolution mechanisms. This is in addition to other legislative frameworks which provide for non-formal methods of dispute resolution. A thesis is made that formal forums such as litigation through courts of law have various disadvantages including complexity, high costs, and technical procedures, delays, amongst others, which make a strong case for the usually convenient and available ADR mechanisms. Put to good use, these mechanisms have potential to spur economic development through enhanced access to justice and the rule of law. The authors, indeed, argue that there is a golden thread that weaves across the themes of rule of law, human rights and access to justice and development.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

Sign in / Sign up

Export Citation Format

Share Document