Book Reviews : Wintemute, Robert, Sexual Orientation and Human Rights: The United States Constitution, the European Convention, and the Canadian Charter. Oxford: Clarendon Press, 1995, 292 pp

1997 ◽  
Vol 6 (4) ◽  
pp. 575-577
Author(s):  
Peter Bartlett
Author(s):  
Suci Ramadhan

<p class="abstrak">The United States Constitution affirms that religious freedom is a fundamental human right regardless of religion. It is upheld by every citizen and the country. However, the political policies in a particular country are often considered to paralyze fundamental rights in religion, causing various problems in Muslim life at the social and political levels. This research aims to analyze the intersectional dynamic of religion, constitution, and Muslim human rights towards life and religious freedom in the United States. This qualitative research uses the lens of political approach. Primary data are taken from the United States Constitution and policies, and supported by secondary data from various books, scientific articles, and news. The results suggest that religious sentiment (Islam) is found in the political policies of the United States. Currently, unconstitutional and discriminative policies are gradually removed because it triggers the social and political chaos. The United States constitution strives towards a pluralist and multi-religious country rebuilding that is safe and peaceful for religion as guaranteed by the constitution. In fact, the public and political spaces have been occupied by many Muslims in an effort to resolve the problems of state and human rights, including the religious sentiment issues.</p>


1991 ◽  
Vol 85 (1) ◽  
pp. 128-149 ◽  
Author(s):  
Richard B. Lillich

The unanimous judgment of the European Court of Human Rights in the Soering case, handed down on July 7, 1989, holds that Great Britain’s extradition of the applicant to the United States to stand trial for capital murder, an offense punishable under the applicable Virginia law by “death, or imprisonment for life,” would violate the prohibition against “inhuman or degrading treatment or punishment” in the European Convention on Human Rights. Aside from its effect on the future ability of the United States (and many other countries) to obtain the extradition from Council of Europe countries of persons charged with offenses carrying the death penalty, the judgment in Soering has implications of a far wider nature for international criminal law, the law of state responsibility, the jurisprudence of the European Convention, and international human rights law in general. Some of these implications are obvious and immediate; others are more speculative and long range. Like the proverbial pebble thrown in the pond, Soering will cause ripples for some time to come.


2021 ◽  
Author(s):  
◽  
Hanxiao Li

<p>"Items of historical significance of two wars Iraq and Afghanistan Significant Activity, Sigacts, between 0001 January 2004 and 2359 31 December 2009 extracts from CSV documents from Department of Defence and CDNE database…This is one of the most significant documents of our time removing the fog of war and revealing the true nature of 21st century asymmetric warfare…" ¹ This was part of the message sent along with the documents later known as Iraq and Afghanistan war logs from Chelsea Manning, a United States solider, to the website of WikiLeaks - an international, online, non-profit organisation which publishes secret and sensitive information. The release of the war logs was referred as “the largest leak of classified documents in its history” and the release of diplomatic cables exposed numerous unguarded comments and revelations regarding critiques and praises about the host countries of various United States embassies; United States intelligence and counterintelligence efforts and other diplomatic actions. These leaks put the United States in great controversy considering its actions in the Iraq and Afghanistan wars and caused quite an embarrassment due to its comments regarding diplomatic actions. Chelsea Manning was convicted and Julian Assange, the founder of WikiLeaks, is facing potential criminal prosecution, despite being granted political asylum. While WikiLeaks still works as an important role of exposing the “truth” to the public, it imposed great concerns to many of the governments around the world towards their government policies, national security and general reputation. The consequence of WikiLeaks releasing sensitive information about United States government rang the alarm of the importance of governments safeguarding secret information. The motivation of the United Kingdom government issuing the Justice and Security Act arguably comes from the concern of exposing sensitive information. The Introduction of the Act reads that the JSA is “to provide for oversight of the Security Service, the Secret Intelligence Service, the Government Communications Headquarters and other activities relating to intelligence or security matters; to make provision about closed material procedure in relation to certain civil proceedings; to prevent the making of certain court orders for the disclosure of sensitive information; and for connected purposes”. This Act, based on the objectives mentioned above, introduced closed material procedure to the civil proceedings, which is regarded as a response to the judgment of Al Rawi, undoubtedly generated huge discussions across boundaries as to the matter of security and liberty; security and due process; security and justice; the Act’s in relation to the common law as well as its relationship with Article 6 of the European Convention on Human Rights. While many of the scholars accused JSA of “turning off the light”, this paper would like to direct attention to the Wikileaks incidents and consider the views of both the British government and the promoters of human rights and common law. This paper will first introduce the effect of CMP in the criminal proceedings, and then look at Al Rawi and Tariq. It will conclude the conflicts when adopting CMP and by interpreting JSA to draw some concerns and the certain “light”, as well as some suggestions towards CMP in JSA. 1. Denver Nicks. 'Private: Bradley Manning, WikiLeaks, and the Biggest Exposure of Official Secrets in American History' (Chicago Review Press, Chicago, 2012) at 137-138.</p>


2003 ◽  
Vol 20 (3-4) ◽  
pp. 105-124
Author(s):  
Imad-ad-Dean Ahmad

This paper explores the insights provided by an analysis of the compatibility of democracy and constitutionalism with Islamic law. Such a discussion would benefit from an assessment of aspects of the United States Constitution in light of the Qur’an and the Madinah Covenant. The issues explored include the permissibility of man-made constitutions in Islamic law, the goals of such constitutions, the relative roles of positive law and discovery, the separation of powers, the specification of principles as opposed to mechanisms of government, succession, treason, slavery, racism, amendment, separation of state and religion, human rights, private property, and unenumerated rights.


Author(s):  
Vitaliy Hudyma ◽  

The article reveals the constitutional and legal foundations and features of the formation of the corps of professional judges in foreign countries. It has been established that in many countries there is an independent specialized body, whose competence is to ensure the training of candidates applying for positions of judges, for example, in France – the National School of Magistracy, Georgia – the High Council of Justice, Poland – the National Council of Judicial Procedure, Germany – a selection committee, Croatia – Council of State, United States of America – Senate Judicial Committee, Great Britain – Commission on the Appointment of Judges. It has been established that the process of training candidates applying for judicial positions should take into account the aspect of skills development provided for in the Convention for the Protection of Human Rights and Fundamental Freedoms. It has been proven that in the context of the implementation of special training for candidates applying for judicial positions, one should rely on the provisions of Recommendation Rec(2004) of the Committee of Ministers is the Council of Europe to member states on the role of the European Convention on Human Rights in university education and vocational training. It has been determined that the constitutional and legal basis for the activities of institutions conducting vocational training of candidates applying for positions of judges is determined by a special law in many countries. It was found that professional training of judges takes place in the formats of a combination of an interdisciplinary approach to training with a multidisciplinary one, the use of various practical methods for teaching, based on the requirements of European legislation, the development of a program to improve the leadership and management skills of candidates applying for positions of judges. It is proposed to take into account the experience of France, Georgia, Poland, Germany, Croatia, the United States of America, Japan, Great Britain, and other countries when forming the corps of professional judges in Ukraine.


1969 ◽  
pp. 383
Author(s):  
Errol P. Mendes

Since the arrival of the Canadian Charter of Rights and Freedoms, there has been much discussion of applying the United States' experience with its Bill of Rights to the inter pretation of the Canadian Charter. It is the author's thesis, however, that Canadians ought to study the European and United Nations jurisprudence in the area of human rights documents as these documents more closely resemble the Canadian Charter than does the American Bill of Rights. Some illustrative fundamental rights cases from the United Nations and Europe are discussed. Further, the appendices include the full texts of the International Covenant on Civil and Political Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Canadian Charter of Rights and Freedoms for comparative purposes.


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