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 Law’s Wars, Law’s Trials The Fate of the Rule of Law in the U.S. ‘War on Terror’

2019 ◽  
Vol 36 (1) ◽  
pp. 29-35
Author(s):  
Richard L. Abel
Keyword(s):  
Rule Of Law ◽  
War On Terror ◽  
State Power ◽  
Social Protest ◽  
The Political ◽  
Liberal State ◽  
The Rule Of Law ◽  
Political Spectrum ◽  
The U.S ◽  
Broad Consensus

The rule of law is a foundation of the liberal state. There is broad consensus about its core, extending across the political spectrum. Our own experience tragically teaches that the rule of law is most endangered when those exercising state power feel threatened: during and after wars and in response to social protest.      

Modern slavery in global context: ending the political economy of forced labour and slavery

2019 ◽  
pp. 29-46
Author(s):  
Aidan McQuade
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Political ◽  
The Rule Of Law ◽  
Global Context ◽  
Modern Slavery ◽  
Political Economies ◽  
Forced Labour ◽  
Human Rights Standards

This chapter begins by setting out the root causes of slavery, and demonstrating the fundamental role of the failure of the rule of law in enabling slavery to persist. It then sets out how particular failures in the rule of law give rise to four ‘peacetime’ political economies of slavery (i.e. state-sponsored slavery, state-tolerated slavery, state-facilitated slavery, state-muddled slavery). Where international mechanisms exist to uphold human rights standards, these political economies may be reformed somewhat. However, in addition, what is needed is a more fundamental reform of the nature of all political economies to establish processes to empower vulnerable individuals and groups and to uphold human rights standards. The chapter then sets out what forms these reforms must take to establish political economies with the potential to reduce slavery, if not eliminate it completely.

scholarly journals A few thoughts on guaranties inherent to the rule of law as applied to sanctions and the prosecution and punishment of war crimes

2008 ◽  
Vol 90 (870) ◽  
pp. 343-357
Author(s):  
Damien Scalia
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
War Crimes ◽  
International Courts ◽  
The Rule Of Law ◽  
European Court

AbstractWar crimes are among the most serious crimes; that is why international courts and tribunals have jurisdiction to prosecute and punish them. However, serious though they are, it is not legitimate to punish them in such a way as to exceed the bounds of respect for human rights. The author considers that, when the perpetrators of war crimes are prosecuted and punished, criteria inherent to the rule of law like those applied by the European Court of Human Rights (such as legality and proportionality) must be met.

scholarly journals Między polityką a prawem. Problem „upolitycznienia” tworzenia prawa

2017 ◽  
Vol 110 ◽  
pp. 115-132
Author(s):  
Tadeusz Biernat
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Political Power ◽  
The Political ◽  
The Rule Of Law ◽  
The Creation ◽  
The Law ◽  
Politics And Law ◽  
Law Making

BETWEEN POLITICS AND LAW. THE PROBLEM OF “POLITICIZATION” THE CREATION OF LAWThe purpose of this article is to analyze the phenomenon of “politicization” of the law making process. Astrong form of politicization is the political instrumentalization of law when the law is treated as the implementation of particular interests of the political power; when is created in violation of the legality of the law-making activities; when it violates the rights of individuals human rights. The weaker but more common form of politicization the creation of law is related to the violation by apolitical authority, legislative body, additional restrictions imposed on it, which are supposed to guarantee ahigh level quality of the law. Three of the most characteristic limitations will be the basis for analyzing the phenomenon of politicization of law making. They are related to: the legitimization of law-making, the democratization of law-making process, and the standards of legislation that are characteristic of lawmaking in ademocratic state under the rule of law. To some extent, these phenomena are interconnected, one can say that they are involved in shaping the pat­tern of the proper legislation by preventing or reducing the politicization of the lawmaking process and its key decisions.

scholarly journals The second Republic of Rwanda: Evolution, Balance and Perspectives

Afrika Focus ◽  
1986 ◽  
Vol 2 (3-4) ◽  
Author(s):  
Filip Reyntjens
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Political Change ◽  
Political Conflict ◽  
The Political ◽  
Second Republic ◽  
The Rule Of Law ◽  
Constitutional Government ◽  
The Military

This paper provides a short survey and assessment of the political evolution of Rwanda since the inception of the Second Republic in 1973. After a period of de facto rule the country returned to constitutional government in 1978. A single party, the Revolutionary National Movement for the Development, had already been created by the military in 1975. The paper examines the constitution, the organisation of elections, political conflict and the respect for human rights and the rule of law. While the regime has achieved considerable successes, the paper argues that its level of institutionalisation remains limited and that its stability and achievements are essentially due to the personality of President Habyarimana. KEYWORDS : civilianisation, constitutional law, political change, Rwanda 

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 Anti-Corruption Policy, the Constitution, and Human Rights in Poland

2020 ◽  
Author(s):  
Valentina Rudenko ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Science Research ◽  
Legal Regulation ◽  
Political Environment ◽  
The Rule Of Law ◽  
Democratic State ◽  
Historical Comparative ◽  
The Relationship

The aim of the article is to investigate the relationship between the anti-corruption policy and the implementation of human rights in Poland. The following basic legal and political science research methods were used: axiological- normative, systematic, historical, comparative, institutional, structural-functional, formal-juridical methods. The article analyses the socio-political environment in which an anti-corruption policy in Poland was formed and the strategies for its implementation. Significant institutional changes of the system of anti-corruption agencies and legal regulation of anti-corruption activities of governmental authorities were addressed. The role of social supervision in the field of corruption control in Poland was analysed. Polish anti-corruption policy peculiarities were highlighted, which increase the risk of violations and the disproportionate restriction of human rights. Particular attention was paid to the analysis of the scope of competencies and credentials of the Central Anti-Corruption Bureau, and its place in the system of anti-corruption agencies. Based on the analysis of anti-corruption policy in Poland, it was concluded that human rights are one of the most important criteria for the success and effectiveness of anti-corruption policy implementation. The issue of balance between anti-corruption policy and human rights implementation in modern democratic states shall be solved via a system-based approach within the framework of constitutional principles of democratic states, namely: the rule of law, human dignity as a basic value of a democratic state, respect for human rights and the admissibility of their restriction only within the limits and forms permitted by the Constitution, the principle of separation and balance of powers, the supremacy of people.

Palace Intrigue: Missiles, Treason, and the Rule of Law in Bolivia

2009 ◽  
Vol 7 (2) ◽  
pp. 351-356
Author(s):  
John M. Carey
Keyword(s):  
United States ◽  
Supreme Court ◽  
Rule Of Law ◽  
The United States ◽  
Political Crisis ◽  
The Political ◽  
Full Disclosure ◽  
The Rule Of Law ◽  
The Moment ◽  
The U.S

The Bolivian presidency is a precarious position, not only because so many presidents have left office under duress, but because former presidents are subject to legal jeopardy. The case of Eduardo Rodríguez Veltzé illustrates the weakness of the rule of law in Bolivia and the political motivations that sustain it. Rodríguez was a respected Chief Justice of Bolivia's Supreme Court. He reluctantly assumed the presidency during a political crisis and shepherded the country through peaceful elections in 2005 that brought Evo Morales to the presidency. He was subsequently charged with treason in a case that involved the transfer from the Bolivian military to the United States of some obsolete surface-to-air missiles. The Rodríguez case was politically important enough to be useful for the Morales Government, but only briefly, and the moment passed. Now, the case's obscurity and the fecklessness of the Bolivian courts have left Rodríguez in legal and professional limbo. Full disclosure from the U.S. government regarding its involvement in the missiles case might clear Rodríguez's name.

scholarly journals La Deuxieme Republique Rwandaise : Evolution, Bilan et Perspectives

Afrika Focus ◽  
1986 ◽  
Vol 2 (3-4) ◽  
pp. 273-298
Author(s):  
Filip Reyntjens
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Political Conflict ◽  
The Political ◽  
Second Republic ◽  
The Rule Of Law ◽  
Constitutional Government ◽  
Political Evolution ◽  
Short Survey ◽  
The Military

The Second Republic Of Rwanda : Evolution, Balance And Perspectives This paper provides a short survey and assessment of the political evolution of Rwanda since the inception of the Second Republic in 1973. After a period of de facto rule the country returned to constitutional government in 1978. A single party, the Revolutionary National Movement for the Development, had already been created by the military in 1975. The paper examines the constitution, the organisation of elections, political conflict and the respect for human rights and the rule of law. While the regime has achieved considerable successes, the paper argues that its level of institutionalisation remains limited and that its stability and achievements are essentially due to the personality of President Habyarimana.

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