INDONESIA War against terrorism should respect human rights and the Rule of Law - Asian Human Right

2019 ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Right ◽  
The Rule Of Law

scholarly journals HAK ASASI MANUSIA DALAM ISLAM

TRANSFORMATIF ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 198
Author(s):  
Laila Rahmawati
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Values ◽  
Human Beings ◽  
Human Right ◽  
International Human Rights ◽  
The West ◽  
The Rule Of Law ◽  
Global Issue ◽  
New Phase

<p>This article tries to describe the concept of Human Rights in the West and the response of   Islam to them. In its history, it was <em>Magna Charta   </em>in England that initiated the formulation of Human Rights in the West in 1512. Then It was followed by <em>The Bill of right </em>in 1689; <em>The American Declaration of Independence </em>in 1776; and <em>T</em><em>he French Declaration </em>in 1789 that resulted in <em>The rule of law</em>.  Human Rights entered a new phase after The United Nations had declared the International Human Rights in</p><p>1984, that is <em>The Universal Declaration of Human Rights. </em>From that time on, Human Rights has become a global issue, continually discussed and responded to by many including Muslim scholars. In the West, the concept of Human Right is based merely on human values (anthropocentric) so that the responsibility is restricted to human beings.  Based  on  this,  this concept  is  different from  Islamic  concept  on  Human  Rights  because  the former is based on secular values  while the later is based on human values and divine values. Normatively, the idea of Human Rights is relevant to Islamic idea. The reason is that, based on their <em>fitrah </em>as creatures, human beings extremely expect the maintenance of their main needs (<em>Al- umur al-Daruriyyah</em>). Therefore, Human Rights are suitable with the purpose of syari’ah (<em>maqasid al-Syari</em>), that is to maintain religion, reason, heredity dan property.</p>

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.

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.

Prosecutors and National Security

2021 ◽  
pp. 538-558
Author(s):  
Kent Roach
Keyword(s):  
Human Rights ◽  
National Security ◽  
Rule Of Law ◽  
Ethical Challenges ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
The Third ◽  
Relative Rarity ◽  
The Many ◽  
Operational Aspects

This chapter examines the distinct operational and ethical challenges that prosecutors face in national security and especially terrorism cases. The second part of this chapter focuses on the operational challenges that prosecutors face. These include demands for specialization that may be difficult to fulfill given the relative rarity of national security prosecutions; the availability of special investigative powers not normally available in other criminal cases; exceptionally broad and complex offenses; and the demands of federalism and international cooperation. The third part examines ethical and normative challenges that run throughout the many operational aspects of the prosecutorial role in national security cases. These include the challenges of ensuring that often exceptional national security laws are enforced in a manner consistent with the rule of law and human rights. There are also challenges of maintaining an appropriate balance between legitimate claims of secrecy and legitimate demands for disclosure and between maintaining prosecutorial independence and discretion while recognizing the whole of government and whole of society effects of the many difficult decisions that prosecutors must make in national security cases.

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