The Role and Development of the Ombudsman System in the Maghreb A ‘Measure’ of Democracy?

2019 ◽  
Vol 54 (7) ◽  
pp. 1066-1083
Author(s):  
Francesco Tamburini

The institution of the Ombudsman is aimed at defending values such as human rights and the respect for the rule of law against any form of abuse or arbitrariness. Many academic studies have been devoted to the Ombudsman in its different developments around the world, but not to the Maghreb area. This article wants to shed light on the characteristics of the Ombudsman in Algeria, Mauritania, Morocco and Tunisia. The comparative exam of the different North African Ombudsmen will point out how the institution was able to survive only in states where a transition to democracy was truly in place.

2015 ◽  
Vol 20 (1) ◽  
pp. 177-183
Author(s):  
Cătălin Tomiţă Tomescu

Abstract The beginning of the post Cold era sounds like that: „The world has changed dramatically. The Alliance has made an essential contribution. The peoples of North America and the whole of Europe can now join in a community of shared values based on freedom, democracy, human rights and the rule of law. As an agent of change, a source of stability and the indispensable guarantor of its members' security, our Alliance will continue to play a key role in building a new, lasting order of peace in Europe: a Europe of cooperation and prosperity”[1].


2019 ◽  
Vol 4 (1) ◽  
pp. 114
Author(s):  
Fransiska Novita Eleanora ◽  
Andang Sari

Humans born into the world have declared their rights and naturalrights as gifts from the Almighty, God and every State must recognize them aslegal subjects who must always be respected and protected to realize human valueswell. Therefore; no one can or can act negatively, including the state or even theauthorities or the government. Conceptually, a country that is expected to realizeit is only a legal state that is considered legitimate and adheres to the notion ofdemocracy, namely democracy will become a rule and law. The realization of therule of law is to take action against perpetrators who are proven to have committedcrimes and human rights violations. This paper explains that there are still manycases of gross violations of human rights that have not been clearly revealed andthe perpetrators have not been given appropriate punishment, by giving sanctionsto the perpetrators, so that law enforcement is not realized. The embodiment ofthe rule of law is that it can capture cases of gross violators of human rights andconvict the perpetrators in accordance with the laws that apply in accordance withthe characteristics of the rule of law. The problem is whether law enforcement hasbeen realized especially in human rights violations and can be resolved throughnegotiation, conciliation and mediation.


2008 ◽  
Vol 4 (3) ◽  
pp. 460-487 ◽  
Author(s):  
David Kosař

Czech Lustration Acts: basic features – Among the most far-reaching in the postcommunist countries in Europe – Challenges for the rule of law – 2001: Czech Constitutional Court upholds their validity – Case-law of the European Court of Human Rights – ‘Transition-to-democracy’ circumstances that justified their adoption have ceased to exist


Author(s):  
W. Andy Knight

This chapter examines the UN’s role in promoting and encouraging democracy and good governance. The world organizations is in a pivotal position to help promote and strengthen the global norm that posits that democracy validates the quality of governance today. In order to be considered ‘democratic,’ governments should not only hold periodic free and fair elections and demonstrate the ability to govern inclusively and humanely. In addition, they should also respect human rights and the rule of law. Concurrently, the chapter argues that the UN should practice what it preaches and address its own democratic deficit, even as it helps to strengthen democracy at the national level.


2004 ◽  
Vol 43 (1) ◽  
pp. 5-17

Considering that the Constitutive Act of the African Union recognizes that freedom, equality, justice, peace and dignity are essential objectives for the achievement of the legitimate aspiration of the African peoples; Further Considering that Article 3 of the said Constitutive Act enjoins Member States to coordinate and intensify their cooperation, unity, cohesion and efforts to achieve a better life for the peoples of Africa; Cognizant of the fact that the Constitutive Act of the African Union, inter alia, calls for the need to promote and protect human and peoples' rights, consolidate democratic institutions and foster a culture of democracy and ensure good governance and the rule of law; Aware of the need to respect human dignity and to foster the promotion of economic, social, and political rights in conformity with the provisions of the African Charter on Human and People's Rights and other relevant human rights instruments; Bearing in mind the 1990 Declaration on the Fundamental Changes Taking Place in the World and their Implications for Africa; the 1994 Cairo Agenda for Action Relaunching Africa's Socio-economic Transformation; and the Plan of Action Against Impunity adopted by the Nineteenth Ordinary Session of the African Commission on Human and Peoples Rights in 1996 as subsequently endorsed by the Sixty fourth Ordinary Session of the Council of Ministers held in Yaounde, Cameroon in 1996 which, among others, underlined the need to observe principles of good governance, the primacy of law, human rights, democratization and popular participation by the African peoples in the processes of governance.


2019 ◽  
Vol 10 (2) ◽  
pp. 132
Author(s):  
Ramli Ramli ◽  
Muhammad Afzal ◽  
Gede Tusan Ardika

Indonesia is a state of law as stipulated in article 1 number 3 of the 1945 Constitution. Indonesia is one of the countries in the world, which is a state of law. Indonesia's position as a state of law has very broad implications in various other fields. The reality of Indonesian society's life cannot be separated from the existence of the law inherent in a multi-ethnic, multi-cultural society. The term legal state (Rechstaat) is no stranger to constitutional knowledge from ancient times to the present. It's just that in the practice of state administration people are still witnessing whether the rule of law has been fully implemented or not. This research is a type of normative research, and uses descriptive qualitative analysis through critical studies. The results of this study indicate that the concept of rechstaat prioritizes the wetmatigheid principle which then becomes the rechtmatigheid. Elements of Rechstsst: 1) The existence of protection of human rights, 2) The separation and distribution of state power to guarantee the protection of human rights, 3) Governance based on regulations, and 4) The existence of administrative justice. However, the implementation of the said rule of law has not yet been implemented well and comprehensivelyKeywords: Critical Study, Variety of Concepts, State, LawABSTRAKIndonesia ialah negara hukum sebagaimana tertuang dalam pasal 1 angka 3 Undang-undang Dasar Tahun 1945. Indonesia sebagai salah satu negara di dunia, yang merupakan negara hukum. Kedudukan Indonesia sebagai sebuah negara hukum, membawa implikasi yang sangat luas pada berbagai bidang lain. Realitas kehidupan masyarakat Indonesia yang tidak bisa dilepaskan dari keberadaan hukum yang melekat pada masyarakat yang multi-etnis, multi-kultural. Istilah negara hukum (Rechstaat) tidak asing lagi dalam pengetahuan ketatanegaraan sejak zaman purba hingga sekarang ini. Hanya saja dalam praktek ketatanegaraan, orang masih menyaksikan apakah negara hukum itu sudah dilaksanakan sepenuhnya atau tidak. Penelitian ini merupakan jenis penelitian normatif, dan menggunakan analisis deskriptif kualitatif melalui studi hukum kritis. Hasil penelitian ini menunjukkan bahwa Konsep rechstaat mengutamakan prinsip wetmatigheid yang kemudian menjadi rechtmatigheid. Unsur-unsur rechstaat: 1) adanya perlindungan terhadap hak-hak asasi manusia (HAM), 2) adanya pemisahan dan pembagian kekuasaan negara untuk menjamin perlindungan HAM, 3) pemerintahan berdasarkan peraturan, dan 4) adanya peradilan administrasi. Akan tetapi pada aspek implementatif negara hukum dimaksud belum terlaksana dengan baik dan komprehensifKata kunci: hukum, negara, ragam konsep, studi kritis


IIUC Studies ◽  
2020 ◽  
Vol 15 ◽  
pp. 23-32
Author(s):  
Taslima Khanam

A society without rule of law is similar to a bowl having holes in it, so it leaks. Without plugging the leaks, putting more money in it makes no sense. Almost this claptrap is going in the form of poverty mitigation programs. Retorting the fact, this paper reflects that substantial poverty must be implied as formed by society itself and argues that lots of inhabitants of the world are deprived of the opportunity to get improved livings and live in dearth, as they are not within the shield of the rule of law. They may possibly be the citizens of nation state in which they live; nevertheless, their chattels and workings are vulnerable and far less rewarding than these are addressed. To address this unfairness, the paper provides a concise overview on the impact of rule of law as the basis for the people of opportunity and equity following the study of analytical approach with interdisciplinary aspect. Particular emphasis is to be found on human rights dimension of governance, and legal empowerment for the alleviation of poverty. IIUC Studies Vol.15(0) December 2018: 23-32


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