scholarly journals Improperly Obtained Evidence and the Epistemic Conception of the Trial

2017 ◽  
Vol 81 (4) ◽  
pp. 328-338
Author(s):  
Tony Ward
Keyword(s):  
Rule Of Law ◽  
Criminal Trial ◽  
Political Rights ◽  
The Rule Of Law ◽  
Epistemic Conception

This article criticises H. L. Ho’s argument that the exclusion of improperly obtained evidence can best be understood in terms of a ‘political’ rather than ‘epistemic’ conception of the criminal trial. It argues that an epistemic conception of the trial, as an institution primarily concerned with arriving at accurate verdicts on the part of an independent and impartial fact-finder, is an important element of the rule of law. The court also has a duty to uphold other elements of the rule of law. The rule of law should be seen as concerned with upholding moral and political rights, including those of victims as well as defendants. The ‘vindication principle’, requiring decisions on exclusion of evidence to take account of both these sets of rights, is defended as being consistent with this understanding of the rule of law and with the epistemic conception of the trial.

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

Laurie Salitan: Human Rights under Gorbachev

1989 ◽  
Vol 17 (1) ◽  
pp. 21-25 ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Constitutional Reform ◽  
Political Rights ◽  
Fundamental Issue ◽  
Soviet System ◽  
Economic Rights ◽  
The Rule Of Law ◽  
Entire Process ◽  
Civil And Political Rights

As everybody is well aware, human rights is an extremely broad topic, so what I would like to do is make a few basic points with some illustrations and then sum up with some ideas and discussion. Much of the grand scheme for reforming the Soviet system has touched on issues that fall under the rubric of human rights, broadly construed. Human rights discussions are no longer constrained by the traditional Soviet emphasis on social and economic rights and now encompass a variety of civil and political rights. As I see it, the fundamental issue with respect to human rights is the propping up of the rule of law. The concept of the rule of law has been elevated to previously unknown heights and is extolled as a fundamental underpinning of the entire process of democratization. It lends itself to the reduction of arbitrary actions (or at least it should), it encourages glasnost', and it enhances support for perestroika because it is intrinsic to any process of democratization. This reliance on the rule of law is absolutely essential as a component of any process that is linked to de-Stalinization. The abuses of the Stalin years are routinely excoriated, and the message being conveyed is that constitutionally guaranteed rights of citizens will be upheld, constitutional reform will proceed, and legislation will be enacted to protect a host of rights not addressed by the Constitution.

scholarly journals The faces of freedom in the concepts of a liberal and non-liberal state

2021 ◽  
Vol 43 (1) ◽  
pp. 155-172
Author(s):  
Justyna Przedańska
Keyword(s):  
Rule Of Law ◽  
Liberal Democracy ◽  
Freedom Of Expression ◽  
Civil Liberties ◽  
Political Rights ◽  
Slight Improvement ◽  
Liberal State ◽  
The Rule Of Law ◽  
The World ◽  
The Individual

The last decade has exposed the recession of freedom throughout the world. It arises from the latest Freedom in the World 2020 report that civil liberties and political rights have deteriorated in 64 countries, while only 37 have seen a slight improvement in these areas. The principles of liberal democracy (the rule of law, free elections, minority rights and freedom of expression) in Europe, historically the best-performing region in terms of freedom in the world, have come under serious pressure in recent years. In the article, starting from an analysis of the categories of freedom presented in many aspects, followed by a discussion of the assumptions and concepts of liberalism, as well as the political project referred to as non-liberal democracy, which has grown out of their criticism, the author identifies the problem of instrumentalization and relativization of freedom, which leads to the restriction of freedom of speech, freedom of minorities, religious freedom and sexual freedom, replacing the individual freedoms of the citizens with the so-called collective freedom.

The End of the Crimean Consensus: How Sustainable are the New Trends in Russian Public Opinion?

2020 ◽  
Vol 5 (3) ◽  
pp. 354-374
Author(s):  
Anastasiya Nikolskaya ◽  
Mikhail Dmitriev
Keyword(s):  
Public Opinion ◽  
Rule Of Law ◽  
Political Rights ◽  
Ruling Class ◽  
Static State ◽  
The Rule Of Law ◽  
Social Agenda ◽  
Short Period ◽  
Ruling Elites ◽  
European Values

Abstract Since Russia’s takeover of Crimea in 2014 Russian public rallied around the flag and public opinion entered a relatively static state often called the “Crimean consensus”. The presidential elections of 2018 became a turning point in the dynamics of public opinion. Sociological data from that period reveals growing anti-establishment sentiments, demand for change, social justice, a peaceful foreign policy, and civic activism. To analyze these changes the study combines data from four rounds of focus groups with sociological surveys on the maturity of moral values and the perception of institutional injustice, conducted during 2018–2020. All sources of our sociological data demonstrate, that the main changes are associated with post-materialist values: demand for the rule of law, political rights and civic engagement prevails over concerns about basic consumption and material inequality. The data also reveals a value related rift between the ruling elites and the population. Whereas the population increasingly demands the rule of law and/or social contract, the ruling class, as the respondents perceive it, remains guided by interpersonal dealings and conformism. The essential role of post-materialist values in defining the new social agenda implies that the ongoing changes are not temporary and reversible but reflect a more fundamental process of transition to postmaterialist value system. However, given a short period of observations the available evidence is not fully conclusive. Data from the new round of European values study expected to be released before the end of 2020 can help clarify the dynamics of value change in Russia and its possible influence on the recent evolution of public opinion.

African Union (Au): Convention on Preventing and Combating Corruption

2004 ◽  
Vol 43 (1) ◽  
pp. 5-17
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Good Governance ◽  
Economic Transformation ◽  
African Union ◽  
Political Rights ◽  
Popular Participation ◽  
The Rule Of Law ◽  
The World ◽  
Council Of Ministers

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.

Popular Sovereignty

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
Political Parties ◽  
Rule Of Law ◽  
Social Order ◽  
Popular Sovereignty ◽  
The Political ◽  
Political Rights ◽  
Binary Opposition ◽  
The Rule Of Law ◽  
The Social

This chapter argues that the “rule of law” is saturated with conflicting notions of the social order. In particular, judicial deployments of rival visions of the community within the concept of “popular sovereignty” (liberal and republican) exposes law’s incoherence. It argues that the coexistence of these two opposing views of the community further undermines the image of a binary opposition between legal continuity and revolutionary rupture. It traces these transformations of popular sovereignty through examining a variety of Tunisian and Egyptian rulings that relate to the political rights of former regime officials and the banning of political parties and associations. This exposition of popular sovereignty discloses a dialectical concept that is internally contradictory, the contradiction of which is momentarily resolved through its legal transformations.

scholarly journals The right to obtain information

2020 ◽  
pp. 343-362
Author(s):  
عبدالله ذنون عبدالله الصواف
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Political Action ◽  
The State ◽  
Political Rights ◽  
Human Right ◽  
The Rule Of Law ◽  
Democratic Culture ◽  
Right To Information ◽  
The Right

The right to obtain information is closely related to the extension of democratic culture and the expansion of its influence within the societies by establishing the rule of law and the ability to govern honestly and vividly through the spread of information and making the citizen aware about it. Here, the trilogy of transparency, accountability and questioning is evident to make political action governed by controls that reduce opportunities for corruption and prevent the exploitation of power by not excluding any oversight bodies over all legislative, executive and judicial powers. The right to obtain information according to the traditional division of jurists of international law was considered among the civil and political rights, even if this division suffers from a kind of inaccuracy, as the right to information interferes with all rights, whether civil, political or economic, and other divisions that may arise because it is the basic principle for the exercise of any human right. The respect of this right is a measure of the state in its respect of the citizen and the extent of its democracy, or, as it is said, the oxygen of a democratic government. Proceeding from this, when any official party tries to prove its righteousness and respect for the citizen, the repetition of phrases interspersed with the word transparency, meaning that it has nothing to be afraid being declared. This suggests that the right of the citizen to obtain information is either a grant from the state, although there are legal bases that confirm that this right is in contrast to the state and it is permissible to compel any party to provide the information it hides while observing certain restrictions that may be related to national security or public order. Accordingly.

Reporting Under International Human Rights Instruments by African Countries

1994 ◽  
Vol 38 (1) ◽  
pp. 61-63 ◽  
Author(s):  
John Hatchard
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
General Assembly ◽  
Political Rights ◽  
African Countries ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Effective Implementation ◽  
International Human ◽  
Civil And Political Rights

In an address to the U.N. Commission on Human Rights on 31 January, 1994, the UN Under-Secretary-General for Human Rights stressed that the ratification of human rights instruments and die effective implementation of their provisions is fundamental in a world that aspires to the rule of law and the safeguard of fundamental freedoms. This followed the adoption of a resolution by the General Assembly of the United Nations which reaffirmed that the effective implementation of the international human rights instruments is of major importance to the organization and urged all states that have not yet done so to become parties to the two International Covenants and to consider acceding to the Optional Protocols to the International Covenant on Civil and Political Rights.

Democracy, Human Rights and Market Development in Turkey: Are They Related?

2006 ◽  
Vol 41 (2) ◽  
pp. 298-326 ◽  
Author(s):  
Demet Yalcin Mousseau
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Low Income ◽  
State Intervention ◽  
Market Development ◽  
Political Rights ◽  
The Rule Of Law ◽  
Illiberal Democracy ◽  
Economic Culture ◽  
Civil And Political Rights

AbstractSome studies suggest that market-based economic development with state policies based on the rule of law are essential in stabilizing democracy and protecting civil and political rights. This article explores a possible association between weak civil and political rights, democratic instability and the delay in a state-regulated market development under the rule of law in Turkey. Despite its experience with democratic institutions since the 1950s, Turkey can be characterized as an ‘illiberal’ democracy because of its poor record on human rights. The lack of a relatively autonomous and competitive market economy may be explained by clientelist and inegalitarian forms of state intervention. These in turn contribute to the perpetuation of low income levels, a clientelist rent-seeking political and economic culture and unstable and illiberal democracy.

Sign in / Sign up

Export Citation Format

Share Document