Community cohesion, schooling and Prevent

2017 ◽  
Author(s):  
John Holmwood ◽  
Therese O’Toole
Keyword(s):  
Rule Of Law ◽  
Trojan Horse ◽  
Shared Values ◽  
Public Institutions ◽  
General Knowledge ◽  
Publicly Funded ◽  
Mutual Respect ◽  
Individual Liberty ◽  
Community Cohesion ◽  
The Rule Of Law

This chapter evaluates how the debate on ‘British values’ and the security agenda associated with Prevent have been translated into policies for schools, and how those policies have been implemented. One of the immediate consequences of the publicity surrounding the Trojan Horse affair was that the Department for Education (DfE) reinforced the requirement on publicly funded schools in England to actively promote ‘shared values’, now called ‘fundamental British values’. The new guidance states that ‘schools should promote the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs’. It states further that schools should, 'enable students to acquire a broad general knowledge of and respect for public institutions and services in England'.

Justice: what is it and how can you ensure your patients receive it?

2022 ◽  
Vol 16 (1) ◽  
pp. 12-16
Author(s):  
Oladayo Bifarin ◽  
David Stonehouse
Keyword(s):  
Distributive Justice ◽  
Rule Of Law ◽  
Ethical Principles ◽  
Mutual Respect ◽  
Individual Liberty ◽  
The Rule Of Law ◽  
Important Concept

This article discusses the important concept of justice, one of the four ethical principles developed by Beauchamp and Childress (2019) . Gillon (1994) divided justice into three categories: distributive justice, rights-based justice and legal justice. Justice also forms an important part of British values regarding democracy, the rule of law, individual liberty, mutual respect and tolerance of those of different faiths and beliefs. Following an introduction defining what is meant by the term ‘justice’, the relevant parts of the Nursing Midwifery Council code ( NMC, 2018a ) will be identified and presented. There will then follow a discussion on the three categories of justice as laid out by Gillon (1994) and how justice fits in with British values. Finally, this discussion will point towards how justice can be achieved for the patients in your care and the colleagues you work alongside.

How can fundamental British values be demonstrated in clinical practice?

2020 ◽  
Vol 14 (7) ◽  
pp. 354-357
Author(s):  
David Stonehouse
Keyword(s):  
Clinical Practice ◽  
Rule Of Law ◽  
Mutual Respect ◽  
Individual Liberty ◽  
The Rule Of Law ◽  
Vulnerable Patients ◽  
The Us ◽  
The World

This article discusses the concept of ‘fundamental British values’ and how these can be demonstrated within clinical practice by support workers and nursing associates. Given recent events in both the US and around the world, highlighting deep-seated racism within society, it is important that the key areas of British values are examined. Following an introduction, links to the Nursing Midwifery Council ( NMC, 2018 ) code will be made. Then the five key areas that make up British values—democracy, the rule of law, individual liberty, mutual respect, and tolerance of those of different faiths and beliefs—will be discussed. The article will finish off with outlining how the controversial ‘Prevent’ training aims to protect and safeguard vulnerable patients from becoming radicalised and to challenge extremism within our society.

scholarly journals Erratum

2021 ◽  
Vol 4 (3) ◽  
pp. 123
Author(s):  
Editorial Team
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Rights Education ◽  
Mutual Respect ◽  
Individual Liberty ◽  
Classroom Discussions ◽  
Full List ◽  
The Rule Of Law ◽  
Education Review

Jerome, L., Liddle, A., & Young, H. (2021). Talking about rights without talking about rights: on the absence of knowledge in classroom discussions. Human Rights Education Review, 4(1), 8–26. https://doi.org/10.7577/hrer.3979 This article incorrectly included 'equality' in the Department for Education (DfE) list of fundamental British values to be promoted in English schools. The full list is: 'democracy, the rule of law, individual liberty, mutual respect for and tolerance of those with different faiths and beliefs, and for those without faith'.  

Policing in a Penal Colony: Governor Arthur's Police System in Van Diemen's Land, 1826–1836

2000 ◽  
Vol 18 (2) ◽  
pp. 351-396 ◽  
Author(s):  
Stefan Petrow
Keyword(s):  
Eighteenth Century ◽  
Rule Of Law ◽  
Private Property ◽  
Religious Authority ◽  
Ruling Class ◽  
Individual Liberty ◽  
The Rule Of Law ◽  
Penal Colony ◽  
Police System

In eighteenth-century England the rule of law was “the central legitimizing ideology, displacing the religious authority and sanctions of previous centuries.” Arising out of struggles between the monarchy, Parliament, and the courts, the rule of law sought to protect individual liberty and private property by placing constraints on arbitrary authority. The ruling class used the rule of law ideology to enhance their power, but it also acted as a check on that power. All citizens from the monarch to the poorest citizen became bound by the rule of law and could settle their disputes in the courts presided over by judges, who were independent of manipulation.

The Concept of the Rule-of-Law State in Carl Schmitt’s Verfassungslehre

2014 ◽  
Author(s):  
David Dyzenhaus
Keyword(s):  
Rule Of Law ◽  
Political Power ◽  
The Political ◽  
Constitutional Theory ◽  
Individual Liberty ◽  
The Rule Of Law ◽  
Liberal Tradition ◽  
Oral Argument ◽  
The Law

This chapter focuses on Schmitt’s critique of the rule of law in his Constitutional Theory. Schmitt argues that liberalism, which once tied the rule of law to the protection of individual liberty, has deteriorated into an account in which any valid law is considered legitimate just because it is valid. This critique is driven by Schmitt’s conception of politics, and, as his oral argument in a crucial constitutional case of 1932 illustrates, his position affirms that law cannot be more than a mere instrument of political power and that it can stabilize politics only if the political power is exercised to bring about a substantive homogeneity in the population subject to the law. In conclusion, it is suggested that Schmitt points to genuine weaknesses in the liberal tradition that require an elaboration of a secular conception of authority in which principles of legality play a central role.

scholarly journals ASEAN REFORM: TOWARDS A MORE COHESIVE REGIONAL INTERGOVERNMENTAL ORGANISATION

2019 ◽  
Vol 3 (1) ◽  
pp. 71-83
Author(s):  
Yogi Bratajaya
Keyword(s):  
Human Rights ◽  
National Identity ◽  
United Nations ◽  
Rule Of Law ◽  
Dispute Settlement ◽  
Mutual Respect ◽  
Territorial Integrity ◽  
The Rule Of Law ◽  
United Nations Charter ◽  
The Relationship

AbstractThe Association of Southeast Asian Nations (ASEAN) is a regional intergovernmental organization that has seen exponential growth throughout the course of its lifespan ever since it was founded in August 8 of 1967. The organization comprises of 10 Member States with differing backgrounds in economy, culture and government. Its aims and purposes include “To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries of the region and adherence to the principles of the United Nations Charter” based on the “Mutual respect for the interdependence, sovereignty, equality, territorial integrity, and national identity of all nations.” However, it seems that ASEAN’s fundamental principles are its main detriment to achieving and carrying out its aims and purposes. The organization has faced multiple criticisms regarding its failure to address pressing matters in the region, such as ongoing human rights violations committed by member states. The slowness in addressing these matters is due to its fundamental principles of non-intervention and mutual respect for political independence, which in turn causes the lack of comprehensive dispute settlement mechanisms within the organization. This journal aims to pinpoint and identify the root of the aforementioned problems and seeks to provide a comprehensive solution with reference to other regional organizations. Keywords: ASEAN, Legal Personality, Dispute Settlement, Human Rights   AbstrakAssociation of SouthEast Asian Nations (ASEAN) merupakan sebuah organisasi antarnegara regional yang mengalami perkembangan pesat sejak terbentuknya pada 8 Agustus 1967. Saat sekarang ASEAN mengandung 10 anggota negara yang mempunyai latar-belakang ekonomi, budaya, dan sistem pemerintahan yang berbeda. Tujuan dari ASEAN adalah “To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries of the region and adherence to the principles of the United Nations Charter” berdasarkan “Mutual respect for the interdependence, sovereignty, equality, territorial integrity, and national identity of all nations.” Namun, prinsip dasar ASEAN seakan-akan menghambat ASEAN untuk mencapai tujuannya. Kritik yang dihadapi oleh ASEAN meliputi statusnya dalam hukum internasional, kurangnya efektivitas sistem penyelesaian sengketa di dalam ASEAN, dan bagaimana ASEAN mengatasi permasalahan Hak Asasi Manusia. Jurnal ini bertujuan untuk mengidentifikasi masalah tersebut dan memberi solusi komprehensif dengan meninjau kepada organisasi regional lain. Kata Kunci: ASEAN, Personalitas Hukum, Penyelesaian Sengketa, Hak Asasi Manusia

Philosophy of Law: Normative Foundations

Philosophy ◽  
2012 ◽  
Author(s):  
John Oberdiek
Keyword(s):  
Rule Of Law ◽  
Legal Theory ◽  
Philosophy Of Law ◽  
Individual Liberty ◽  
The Rule Of Law ◽  
Theories Of Punishment ◽  
The Common ◽  
The Relationship ◽  
Normative Foundations ◽  
Vast Territory

This article on the philosophy of law focuses on contemporary discussions of law’s normative foundations. This branch of philosophy of law, also called normative legal theory, overlaps with topics in political philosophy and ethics, as well as with analytical general jurisprudence, and it is a lively and rich area of philosophical research. As this description suggests, normative philosophy of law covers a vast territory. A case could easily be made to include several dozen more topics under this heading, or indeed to devote separate overarching entries to many of the topics that might be subsumed under normative philosophy of law. The philosophy of criminal law, for example, comprises far more than theories of punishment. This is all to say that what follows is but a primer. The common focus of the following topics is the relationship between individuals and the state. Examining that relationship has long been a principal concern of normative philosophy of law. More specifically, normative philosophy of law in the dominant Anglophone tradition has long been devoted to exploring the state’s role in alternately protecting and constraining individual liberty through law. This article charts aspects of that alternating role, focusing on authority, the duty to obey the law, the rule of law, rights, legal moralism, and punishment.

The Importance of the Rule of Law in Governance

2019 ◽  
Vol 6 (1) ◽  
pp. 73-90
Author(s):  
Daham Smko Hussein ◽  
Kittisak Jermsittiparsert ◽  
Paiman Ahmad
Keyword(s):  
Rule Of Law ◽  
Developing World ◽  
Public Institutions ◽  
Role Of Government ◽  
The Rule Of Law ◽  
The Public ◽  
Main Thesis ◽  
Theoretical Foundations

The purpose of this paper is to critically analyze the theory of governance and the role of law. The paper attempts to provide a constructive understanding of the rule of law and governance clearly. This study is composed of three main parts; the first part examines the literature on the concept of governance and its solid theoretical foundations. The second part reviews rule of law and the role of government in the process of governance. Third part intends to broaden the understanding of how governance is affected by rule of law especially in the developing world. The last part of this study deals with the conclusions and findings. The theoretical relevance of this paper contributes to a better understanding of specific components and factors that interlink governance and rule of law together in the public institutions. The main thesis of this study is, to what extend governance is affected by the rule of law?

1. North Atlantic Treaty, Released to the Press, March 18, 1949.

1949 ◽  
Vol 3 (2) ◽  
pp. 393-396
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
North Atlantic ◽  
Individual Liberty ◽  
The Rule Of Law ◽  
Common Heritage ◽  
The Press ◽  
The United Nations

The Parties to this Treaty reaffirm their faith in the purposes and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all governments.They are determined to safeguard the freedom, common heritage and civilization of their peoples, founded on the principles of democracy, individual liberty and the rule of law.

scholarly journals K. SCHMITT’S THEORY OF PARTISAN: SOCIO-POLITICAL EVENTUALITY OF PARTISAN

2016 ◽  
pp. 86-93
Author(s):  
M. P. Ostromenskij
Keyword(s):  
Rule Of Law ◽  
Ad Hoc ◽  
Public Institutions ◽  
Point Of View ◽  
The Rule Of Law ◽  
Occupied Territory ◽  
Majority Population ◽  
Political Conditions ◽  
The Individual

Eventual socio-political conditions of the appearance of a partisan are considered. It is shown that the appearance of the partisan becomes possible when the socio-political uncertainty in the state and social anomie in society caused serious set into question the legitimacy of the sovereign. In such circumstances, falling value of public institutions, the rule of law and the rules of the routine, but the role of the individual and adopt independent decisions, in each case, increases. And increasing the area of independent ad hoc decisions. Such conditions arise in the occupied territory, especially in a situation of the continuing war. Besides, here indigenous people without taking any illegal actions, from the point of view of both clashing sovereigns, it is struck in the rights. All this makes a real opportunity to show the political subjectivity of the citizen, even with low social status. The behavior of the occupied population can follow three models: expectations of the solution of the conflict between sovereigns and the subsequent acceptance of its results as due - absolute majority population, the active help to the occupying sovereign for the purpose of the statement new political - the collaborator, active opposition of the occupying authority for the purpose of return former political - the partisan.

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