Political Dissent, Human Rights, and Legal Transformations: Communist and Post-Communist Experiences

2005 ◽  
Vol 19 (4) ◽  
pp. 553-572 ◽  
Author(s):  
Jiří Přibáň
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Democratic Politics ◽  
The Political ◽  
Political Dissent ◽  
The Rule Of Law ◽  
Liberal Democratic ◽  
Communist System ◽  
Protection Of Human Rights ◽  
Communist Countries

The article focuses on the legacy of political dissent in communist countries and its impact on post-communist political and legal transformations. The first part describes the nature of communist politics and the legal system founded on the principle of ‘socialist legality.’ In the following part, the dissident argumentative blend of legalism and natural rights will be analysed as both a critique of the communist system and a structural precondition of post-communist constitutional and legal transformations. The final part will focus on how the political dissent in communist countries symbolised virtues of civil society and liberal democratic politics based on the rule of law and influenced the emerging constitutional systems based on the protection of human rights.

scholarly journals The Rule of Law, Religious Authority, and Oaths of Office

2018 ◽  
Vol 6 (2-3) ◽  
pp. 195-212 ◽  
Author(s):  
Nicholas Aroney
Keyword(s):  
Rule Of Law ◽  
Moral Obligation ◽  
Democratic Politics ◽  
Moral Principle ◽  
The Political ◽  
The Rule Of Law ◽  
Liberal Democratic ◽  
Political Office ◽  
The Law ◽  
The Relationship

The rule of law requires political office holders to exercise their powers in accordance with the law. Most societies, however, rely not only on the moral obligation to obey the law but also require office holders to take a religious oath or solemn affirmation. The divine witness to the oath of office stands in as a guarantor of the political order but also looms above it. As such, the oath represents a paradox. It guarantees the performance of official duties while also subjecting them to external judgement. The oath thus encompasses the large question of the relationship between religious conviction, personal fidelity, moral principle, and political power. It suggests that law and religion are as much intertwined as separated in today’s politics. By tracing the oath of office as a sacrament of power, much light can be shed on the relationship between law and religion in today’s liberal-democratic politics.

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

Part III Structural Principles, Ch.20 Democracy and the Rule of Law

2013 ◽  
Author(s):  
Tomuschat Christian
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
The Rule Of Law ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
Structural Principles ◽  
International Instruments

This article examines the role of the rule of law and democracy in international human rights law. It discusses the legal nature and the formal recognition of the rule of law and democracy. It explains that that rule of law and democracy are elements that constitute essential pillars promoting real enjoyment of human rights but they are dependent on the general conditions prevailing within society. This article highlights the importance of the supervisory roles of international bodies in ensuring the effectiveness of the guarantees set forth in international instruments for the protection of human rights.

scholarly journals Evaluating ‘Life Steeped in Power’: Non-Domination, the Rule of Law and Spatial Restrictions for Irregular Migrants

2020 ◽  
Author(s):  
Lieneke Slingenberg
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Practical Relevance ◽  
Human Rights Law ◽  
The Rule Of Law ◽  
Irregular Migrants ◽  
Normative Framework ◽  
Protection Of Human Rights ◽  
State Coercion ◽  
The Right

Abstract Irregular migrants in Europe are increasingly subjected to state coercion, surveillance and spatial restrictions, such as containment, dispersal and forced transfers. Lawyers usually evaluate such practices in the light of human rights law, which only provides limited protection. For this reason, I propose an alternative normative framework to evaluate and assess coercive state practices towards irregular migrants: the concept of freedom as non-domination. In this article, I conceptualize non-domination from a rule of law perspective. To this end, I start from Lovett’s procedural account of arbitrariness; and complement this with Benton’s focus on unaccountable power and Palombella’s argument for ‘duality of law’. In the second part of this article, I apply this normative framework to coercive practices in shelters for irregular migrants in the Netherlands. This allows me to demonstrate the practical relevance and consequences of the theory. It discloses how the protection of freedom as non-domination, conceptualized from a rule of law perspective, sets more demanding criteria for the (courts of) law than the protection of human rights. At the same time, it does not require non-interference or elaborate positive obligations from the state. For irregular migrants, who do not have the right to reside in the territory, but who are entirely under the control of state power, non-domination as conceptualized in this paper provides, in my view, a necessary framework of review that ensures a kind of protection that is currently lacking.

scholarly journals The Citizens’ Constitutional Rights Regarding Habitable and Wholesome Environment: Towards a Law State that Protects the Environment

2020 ◽  
Vol 4 (1) ◽  
pp. 81
Author(s):  
Nyoman Satyayudha Dananjaya ◽  
Fuchikawa Kazuhiko
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Due Process ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Human Beings ◽  
Legal Research ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Protection Of Human Rights

This paper aims to examine the protection of the environment in Indonesia which is part of the realization of a law state that guarantees the constitutional rights of its citizens. It is a legal research that reviews Indonesian constitutional and statutory provisions, besides adding a comparative perspective from a Japanese Constitution and legal system. It is found that the concept of a law state in Indonesia does not specifically follow the concept of a law state like what is meant in “rechtsstaat” or “the rule of law”. It has peculiar characteristics which indeed seem to adopt the noble values ??of those two concepts which clearly confesses in the constitution along with the elements and characters stated in it. One of the most prominent characteristics of a law state is the recognition and protection of human rights. In the Indonesian Constitution 1945, human rights as the fundamental rights of human beings have been arranged and compiled which is legally legitimized become constitutional rights. Among human rights, rights related to the environment include essential rights in array of international human rights formulations. Article 28 letter H of the Indonesian Constitution 1945 expressly states the rights to habitable and wholesome environment for citizen. The protection form can be a normative arrangement in the constitution or in a formal juridical through legislation. Protection of citizens' constitutional rights related to the environment is faced with due process of environmental protection that requires consistency in order to achieve the intention and direction of the Indonesian law state itself.

Bangladesh in 2012

Asian Survey ◽  
2013 ◽  
Vol 53 (1) ◽  
pp. 73-83 ◽  
Author(s):  
Ahrar Ahmad
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Economic Performance ◽  
War Crimes ◽  
The Political ◽  
Political Environment ◽  
The Rule Of Law ◽  
War Crimes Trial ◽  
The U.S

The year 2012 began well for Bangladesh. Economic performance was impressive, and there were some notable political developments, such as the starting of the War Crimes Trial. However, corruption remained a pressing issue, the rule of law and human rights in the country became increasingly tenuous, and the political environment continued to be turbulent and uncertain. Moreover, issues regarding the country’s relationship with both India and the U.S. were poorly resolved.

scholarly journals KENDALA DALAM PELAKSANAAN FUNGSI BALAI PEMASYARAKATAN DALAM PERLINDUNGAN HAK ASASI MANUSIA PADA SISTEM PERADILAN ANAK

2021 ◽  
Vol 3 (2) ◽  
pp. 94-100
Author(s):  
Nuryuli Nurdin ◽  
Baso Madiong ◽  
Yulia A. Hasan
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Justice System ◽  
The Rule Of Law ◽  
Protection Of Human Rights ◽  
Law Enforcement Officials ◽  
Three Stages ◽  
Collection Methods

Penelitian ini bertujuan untuk mengetahui Pelaksanaan Fungsi Balai Pemasyarakatan (BAPAS) Makassar Dalam Perlindungan Hak Asasi Manusia Pada Sistem Pidana Anak dan Kendala Balai Pemasyarakatan dalam Perlindungan Hak Asasi Manusia Pada Sistem Peradilan Anak. Penelitian merupakan penelitian normatif. Metode Pengumpulan Data melalui wawancara dan dokumentasi. Teknis Analisis data ini merupakan analisis kualitatif. Hasil penelitian menunjukkan bahwa Balai Pemasyarakatan kelas I Makassar sebagai salah satu penegak hukum khususnya dalam pembimbingan terhadap anak nakal menjalankan perannya tersebut melalui tiga tahap, yaitu tahap Pra ajudikasi, tahap ajudikasi dan tahap Post ajudikasi. Faktor kendala yang dihadapi dalam pelaksanaan Fungsi Balai Pemasyarakatan (BAPAS) antara lain kelemahan aturan hukum yang berlaku terhadap tindak pidana anak, kurangnya koordinasi diantara sesama aparat penegak hukum, rendahnya kualitas sumber daya manusia di BAPAS, and kurang Sarana dan Prasarana yang memadai. Mengakibatkan pelaksaan Fungsi Balai Pemasyarakatan (BAPAS) kurang optimal, dan alokasi anggaran dana yang sangat minim. This study aims to determine the implementation of the function of Makassar Correctional Center (BAPAS) in the Protection of Human Rights in the Criminal Justice System of Children and the Obstacles of the Correctional Center in the Protection of Human Rights in the Justice System of Children. This research is normative research. Data collection methods were through interviews and documentation. Technical analysis of the data is a qualitative analysis. The results showed that Correctional Center Class I Makassar as one of the law enforcers, especially in guiding delinquents carried out their roles in three stages, which are the Pre-adjudication stage, the adjudication stage and the Post-adjudication stage. Obstacles faced in the implementation of the function of Correctional Center (BAPAS) are weaknesses in the rule of law that applies to the crimes of children, lack of coordination among law enforcement officials, low quality of human resources at BAPAS, and lack of adequate facilities and infrastructure. As a result, the implementation of the function of Correctional Center (BAPAS) is not optimal, and the budget allocation for funds is very minimal.

scholarly journals The value of the United Nations in resolving problems of the rule of law in conflict States

2016 ◽  
Vol 3 (1) ◽  
pp. 155-162
Author(s):  
N I Kostenko
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Rule Of Law ◽  
Years Of Experience ◽  
Effective Protection ◽  
The Rule Of Law ◽  
Peacekeeping Operations ◽  
Sustainable Peace ◽  
Protection Of Human Rights ◽  
The United Nations

In this paper, the author tries to analyze the main extracted from the work of the United Nations according to the rule of law in the States for the last fifteen years. The analysis shows that the rule of law and the approval of the rule of law in the States for the last fifteen years of experience - is fundamental to sustainable peace after conflict, for the effective protection of human rights. Keywords: problems of justice, the rule of law, the rule of law, peacekeeping operations, the UN standards.

Protection of human rights in the context of the development of the rule of law principle: The international aspect

2021 ◽  
Vol 28 (1) ◽  
pp. 32-42
Author(s):  
Oleh M. Omelchuk ◽  
Svitlana D. Hrynko ◽  
Alla M. Ivanovska ◽  
Anna L. Misinkevych ◽  
Viktoriia V. Antoniuk
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Annual Reports ◽  
International Level ◽  
International Treaties ◽  
The Rule Of Law ◽  
Post Conflict ◽  
Conflict Situations ◽  
European Court ◽  
Protection Of Human Rights

The consolidation of the principle of supremacy in international documents is described. It is established that the rule of law in the work of the UN has become a subject of constant discussion. It has gained significant momentum since 2007, establishing itself as one of the most important areas of the organisation. UN documents define the rule of law as a principle or as a sphere of activity of the Organisation and member countries. In their report, the UN Secretary-General divides the rule of law into three sectors: the rule of law at the international level, the rule of law in the context of conflict and post-conflict situations, and the rule of law in the context of long-term development. The UN Secretary-General’s annual reports continue to work to promote the rule of law at the national and international levels. UN activities and documents demonstrate that strengthening the rule of law at the international level is impossible without the promotion, observance, and implementation of international treaties, the settlement of disputes by peaceful means, and the protection of human rights that are inextricably linked to the rule of law principle. Areas of activity that strengthen the rule of law are identified. The content of the resolutions “ Rule of Law at the national and international levels” was analysed, based on the results of generalisation of the content and direction of the sessions of the General Assembly during the last fifteen years, the directions of activity within this framework were determined. The rule of law is recognised as one of the fundamental principles of the European Community and enshrined in its regional acts. The elements of the principle of the rule of law are identified based on the results of generalisation of the case law of the European Court of Human Rights. It is established that in the European region a great role in the development and interpretation of the concept of the rule of law is played by its judicial interpretation, which is engaged in by two international judicial institutions: the ECtHR and the European Court of Justice. The rule of law is represented in the work of the Organisation for Security and Co-operation in Europe (OSCE) and plays a significant role in the promotion and protection of human rights. A significant contribution to the development of regulations for the implementation of the rule of law at the international level was made by the International Non-Governmental Organisation “World Justice Project”, which developed in 2010 the Rule of Law Index. The indicators of measuring the rule of law index in the country are characterised and their analysis in the dynamics at the international level and the distribution of the rule of law index by factors in Ukraine

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