Falun Gong and the Law: Development of Legal Social Control in China

In 1999 the government of the People's Republic of China (PRC) labeled Falun Gong an "evil cult" and began a campaign to eliminate the qigong movement of which it was a part. The West was quick to condemn the PRC's action as a violation of human rights. In response, the PRC government criticized the West for interfering in its internal affairs, and using "human rights" as an excuse to impose its will upon the PRC. Rather than formulating an attack on the PRC government using Western principles of democracy, human rights, and the rule of law, this article analyzes the legality of the PRC's campaign against Falun Gong within the framework of the legal and political systems developed in the PRC Constitution, other relevant documents and international treaties to which the PRC is a signatory nation. It is argued that the PRC government acted outside of its constitutional authority, violated citizens' basic rights, and overstepped its own boundaries in its war against Falun Gong and its practitioners.

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The Rule of Law in the Middle East and the Islamic World

American Journal of Islam and Society ◽

10.35632/ajis.v18i4.1992 ◽

2001 ◽

Vol 18 (4) ◽

pp. 167-171

Author(s):

Mohammad Fadel

Keyword(s):

Human Rights ◽

Middle East ◽

Rule Of Law ◽

Average Length ◽

The United States ◽

Constitutional Court ◽

Critical Perspective ◽

The Rule Of Law ◽

Varying Length ◽

The Government

This work grew out of a series of lectures that were delivered over atwo-year period between 1996 and 1998 at the Centre of Islamic andMiddle Eastern Law (CIMEL) at the School of Oriental and AfricanStudies (SOAS), University of London, on the genera] subject of the rule oflaw in the Middle East and Islamic countries. Subsequently, materials wereadded dealing particularly with issues relating to human rights law. Thecontributors to this work are a combination of legal academics, human rights activists, lawyers and judges, who hale from various countries in theArab world, Iran, the United States, Great Britain and Germany.There are a total of fourteen separate chapters, of varying length andquality. The book is not lengthy - including notes and authors’ biographies,it is 180 pages long. The average length of each chapter is between ten andfifteen pages. Despite the diversity of countries surveyed, all the essays areconcerned with generic questions regarding the rule of law, whether in atheoretical sense, viz., whether the notion that legitimate governmentalaction is limited to those acts that are deemed lawful by a pre-existing setor rules, or in a practical sense, viz., assuming that the formal legal regimeof a given state recognizes the rule of law in a theoretical sense, whetherthe coercive apparatus of the state in fact recognizes legal limitations onits conduct.Perhaps the most interesting (it is certainly the most lengthy, at 35 pages),and most important, essay in this work is the very fiit one, authored byAdel Omar Sherif, an Egyptian judge, wherein the author provides a digestof the landmark decisions of the Egyptian Supreme Constitutional Court.While the work can be criticized for taking on the appearance of a meresurvey of decisions, without taking a critical perspective to the Court’sprecedents, it is nonetheless a very valuable contribution for those lawyersand scholars who cannot read Arabic but nonetheless wish to gain insightinto Egypt’s legal culture. The modest task of relating the decisions ofEgypt’s Supreme Constitutional Court is especially important given thecliches regarding the absence of effective judicial institutions in the Arabworld. Sherifs contribution effectively dispels that myth. His article revealsthe Egyptian Supreme Constitutional Court to be a vibrant institution thattakes its constitutional duties seriously, and discharges those duties withintegrity, and when it finds that the government has acted unlawfully, it willstrike down the offensive legislation, or rule against the government ...

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Principles оf Regulatory Activity of Bodies State Authority

NaUKMA Research Papers Law ◽

10.18523/2617-2607.2021.7.52-60 ◽

2021 ◽

Vol 7 ◽

pp. 52-60

Author(s):

Zoya Pogorelova

Keyword(s):

Human Rights ◽

Public Relations ◽

Rule Of Law ◽

Fundamental Principle ◽

Legal Regulation ◽

Scientific Validity ◽

Public Authorities ◽

The Rule Of Law ◽

The Government ◽

Rule Making

The article, based on clarifying the content of related concepts of law-making, considers the principles of the rule-making activity as the power activity of public authorities. Such principles include the principles of humanism, democracy, the rule of law, human rights, and scientific validity of rule-making decisions, which necessitates the professionalism of rule-making activities, planning, systematics, complexity, timely revision and updating of legislation, and transparency. The content of these principles is revealed, their ranking is carried out, their importance for legal science and practice is emphasized, and the positions of scientists concerning their optimal list and characteristics are analyzed. In particular, attention is drawn to the fact that the principle of humanism is reflected in the fundamental values that underlie the constitutional order, the basis of the current law and human rights enshrined in the Constitution and laws of Ukraine: human dignity, the right to self-realization, justice and freedom, non-discrimination and equality before thelaw, tolerance, responsibility and respect for others. The principle of democracy, as a fundamental principle of rule-making, legitimizes the subjects of rule-making and creates a basis for their legal activities. The rule of law is also a fundamental principle of rule-making (including its components such as the principle of direct effect of the Constitution of Ukraine, the rule of the Constitution as the Basic Law, the principle of legality, legal certainty, the equality before the law and non-discrimination, and proportionality). It is emphasized that the principle of scientific validity of rule-making decisions necessitates professionalism of rule-making activities, and ensuring a high professional level of rule-makers makes it possible to carry out rule-making activities at a high scientific level, on a planned, systematic, comprehensive basis, the legal regulation of public relations, and the implementation of state functions. Aspects of the principle of publicity of normative activity of the Parliament, the Government, and the President of Ukraine are also analyzed.

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Penerapan Penjatuhan Hukuman Kebiri Kimia Serta Tata Cara Eksekusinya pada Pelaku Kejahatan Pelecehan Seksual terhadap Anak

Wajah Hukum ◽

10.33087/wjh.v5i1.405 ◽

2021 ◽

Vol 5 (1) ◽

pp. 354

Author(s):

Nashru Nazar Rosyidi ◽

Oci Senjaya

Keyword(s):

Human Rights ◽

Sexual Abuse ◽

Child Sexual Abuse ◽

Rule Of Law ◽

District Court ◽

Chemical Castration ◽

The Rule Of Law ◽

Pros And Cons ◽

The Republic ◽

The Government

Nowadays, there are more and more crimes of child sexual abuse in Indonesia. Children should be protected by the government in order to become the nation's next generation. In 2019, the Mojokerto District Court sentenced the defendant Aris (20) who was convicted of a crime of sexual abuse against a child and this verdict was the first verdict in Indonesia to impose chemical castration on perpetrators of crimes of sexual abuse against children. This writing uses the juridical-normative method which looks at empirical data as a reference for writing this journal. For some parties, chemical castration punishment is considered effective in punishing perpetrators of crimes of child sexual abuse so that it becomes a frightening thing for other perpetrators of sexual abuse crimes. This is included in the category of the theory of the purpose of punishment in order to create order and order in society. Perppu Number 1 of 2016 is the legal basis for the application of chemical castration punishment. However, there are many pros and cons to castration. One of the things that has created contra is contrary to the ratification of human rights. Considering that Indonesia is a state based on the rule of law, which is obliged to protect human rights guarantees as stated in Article 28 I of the 1945 Constitution of the Republic of Indonesia.

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

Journal of the National Academy of Legal Sciences of Ukraine ◽

10.37635/jnalsu.28(1).2021.32-42 ◽

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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20. Human Rights IV: The Human Rights Act 1998

Constitutional Law, Administrative Law, and Human Rights ◽

10.1093/he/9780198804680.003.0020 ◽

2018 ◽

Cited By ~ 29

Author(s):

Ian Loveland

Keyword(s):

Human Rights ◽

Rule Of Law ◽

Conservative Party ◽

New Labour ◽

The Rule Of Law ◽

The Core ◽

Parliamentary Sovereignty ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

The Government

This chapter discusses the main provisions of the Human Rights Act 1998 (HRA) and considers its implications for the understandings attached to the core constitutional principles of parliamentary sovereignty, the rule of law, and the separation of power. It argues that the Blair government’s rapid and determined efforts to convince Parliament to pass the HRA demonstrates that members of the first New Labour administration did not share the simplistic view of democracy embraced by the Conservative Party during the judicial supremacism episode. The 1998 Act may be criticised on the basis that it transfers a dangerous amount of political power from the government to the judges, but the sentiments evinced by many Conservative MPs on this issue had little to commend them from a constitutional perspective.

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HAK ASASI MANUSIA DALAM ISLAM

TRANSFORMATIF ◽

10.23971/tf.v1i2.835 ◽

2018 ◽

Vol 1 (2) ◽

pp. 198

Author(s):

Laila Rahmawati

Keyword(s):

Human Rights ◽

Rule Of Law ◽

Human Values ◽

Human Beings ◽

Human Right ◽

International Human Rights ◽

The West ◽

The Rule Of Law ◽

Global Issue ◽

New Phase

This article tries to describe the concept of Human Rights in the West and the response of Islam to them. In its history, it was Magna Charta in England that initiated the formulation of Human Rights in the West in 1512. Then It was followed by The Bill of right in 1689; The American Declaration of Independence in 1776; and The French Declaration in 1789 that resulted in The rule of law. Human Rights entered a new phase after The United Nations had declared the International Human Rights in1984, that is The Universal Declaration of Human Rights. From that time on, Human Rights has become a global issue, continually discussed and responded to by many including Muslim scholars. In the West, the concept of Human Right is based merely on human values (anthropocentric) so that the responsibility is restricted to human beings. Based on this, this concept is different from Islamic concept on Human Rights because the former is based on secular values while the later is based on human values and divine values. Normatively, the idea of Human Rights is relevant to Islamic idea. The reason is that, based on their fitrah as creatures, human beings extremely expect the maintenance of their main needs (Al- umur al-Daruriyyah). Therefore, Human Rights are suitable with the purpose of syari’ah (maqasid al-Syari), that is to maintain religion, reason, heredity dan property.

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Does Indonesian COVID-19 Emergency Law Secure Rule of Law and Human Rights?

Journal of Southeast Asian Human Rights ◽

10.19184/jseahr.v4i1.18244 ◽

2020 ◽

Vol 4 (1) ◽

pp. 306

Author(s):

Herlambang Perdana Wiratraman

Keyword(s):

Human Rights ◽

Rule Of Law ◽

Freedom Of Expression ◽

Civil Liberties ◽

Legal Protection ◽

Emergency Situation ◽

Human Rights Law ◽

The Rule Of Law ◽

New Development ◽

The Government

President Joko Widodo announced a public health emergency at the end of March 2020. This policy demonstrates denial, too late and limited in responding to the spread of Covid-19. On the other hand, the state security approach during the pandemic has pressured civil liberties, especially criticisms against government policies. This phenomenon is not a new development in Indonesia whereby attacks on freedom of expression and academic freedom are common. This article analyses how the COVID-19 health emergency situation is handled by the government from the perspective of human rights law standards and the rule of law. This article argues the Indonesian COVID-19 emergency law violates many guarantees of legal protection under the rule of law standard. It is apparent how the issue of human rights has not yet become an effective strategy or approach in this non-natural disaster emergency situation.

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Legal Protection of Patients Participants of Health Social Guarantee in Human Rights Perspective

International Journal of Multicultural and Multireligious Understanding ◽

10.18415/ijmmu.v7i10.2135 ◽

2020 ◽

Vol 7 (10) ◽

pp. 165

Author(s):

Agustin Widjiastuti ◽

Made Warka ◽

Slamet Suhartono ◽

Hufron Hufron

Keyword(s):

Human Rights ◽

Rule Of Law ◽

Human Person ◽

Legal Protection ◽

Core Material ◽

The Rule Of Law ◽

The Core ◽

State Constitution ◽

The Government ◽

The Right

The rule of law through the government must provide public services for its people. In the conception of the welfare law state, every citizen/every person has the right to obtain good services and obtain legal protection from arbitrary actions by the authorities. Based on Article 1 number 1 of Law Number 39 of 1999 concerning Human Rights, human rights are rights inherent in every human person that must be protected so that human rights are always the core material of a modern state constitution. Legal steps for patients participating in the Health Social Security Administering Body in the perspective of legal protection.

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The “Falun Gong Problem”: Politics and the Struggle for the Rule of Law in China

The China Quarterly ◽

10.1017/s0305741003000377 ◽

2003 ◽

Vol 175 ◽

pp. 623-642 ◽

Cited By ~ 4

Author(s):

Ronald C. Keith ◽

Zhiqiu Lin

Keyword(s):

Human Rights ◽

Rule Of Law ◽

Legal Framework ◽

Falun Gong ◽

The Rule Of Law ◽

Human Rights Protection ◽

Criminal Justice Reform ◽

The Us ◽

Recent Reform ◽

The Law

This article examines the CCP's “falun gong problem” with reference to PRC law and policy on “heretical cults,” paying particular attention to the implications of this problem for the ongoing struggle to establish human rights under the rule of law. Official PRC commentary contends that the falun gong not only committed criminal acts but also wilfully sought to undermine the rule of law itself. Human rights critics and agencies, such as the US Commission on International Religious Freedom, have, on the other hand, attacked the PRC for a “repressive legal framework” that threatens human rights. The “falun gong problem” is an important chapter in the struggle for the rule of law in China, and it appears that the law has not been able to transcend the conceptual bias of past criminal law on counter-revolution. The related politicization of the law through a revived principle of “flexibility” challenges the internal process of criminal justice reform and the recent reform focus on the balance of human rights protection and public order.

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Kinerja Pengadilan dalam Lingkaran Kekuasaan Otoritarian

Undang Jurnal Hukum ◽

10.22437/ujh.1.2.267-294 ◽

2019 ◽

Vol 1 (2) ◽

pp. 267-294

Author(s):

Isharyanto Isharyanto

Keyword(s):

Human Rights ◽

Rule Of Law ◽

Constitutional Law ◽

Economic Activities ◽

Undue Influence ◽

The Rule Of Law ◽

The Government

This paper aims to describe socio-juridically the performance of courts in authoritarian circles of power. The court is increasingly demanded attention by academics of constitutional law, along with the expectation of a role in the presence of power. Courts, of course by involving judicial apparatus, especially judges, are controlled by the executive but are able to negotiate their functions to support the government. Courts can provide legitimacy both internally and externally as well as being an effective tool for maintaining power. On this side, every regime of power has an interest of the court. Therefore, the idealita of the court then also related with independence, which is not only for the rule of law, constitutionality and human rights, but also in relation to globalization, free and efficient economic activities. If the judges are independent, they are basically protected from undue influence from those who can damage their impartiality. With variations that are not the same, but working in the same circle of power, courts in Singapore and Pakistan confirm these matters. Abstrak Tulisan ini bertujuan untuk mendeskripsikan secara sosio yuridis kinerja pengadilan dalam lingkaran kekuasaan yang otoritarian. Pengadilan semakin dituntut perhatiannya oleh akademisi hukum tata negara, seiring harapan akan peran di hadapan kekuasaan. Pengadilan, tentu saja dengan melibatkan aparatur peradilan, terutama hakim, dikendalikan eksekutif akan tetapi mampu menempatkan negosiasi fungsi mereka untuk mendukung pemerintah. Pengadilan bisa memberikan legitimasi secara internal maupun eksternal sekaligus menjadi alat efektif untuk mempertahankan kekuasaan. Pada sisi ini, setiap rezim kekuasaan berkepentingan dengan pengadilan. Oleh sebab itu, idealita pengadilan kemudian juga berurusan dengan independensi, yang tidak hanya untuk supremasi hukum, konstitusionalitas, dan hak asasi manusia, tetapi juga dalam kaitannya dengan globalisasi, kegiatan ekonomi yang bebas, dan efisien. Jika hakim independen, mereka pada dasarnya dilindungi dari pengaruh yang tidak semestinya dari pihak-pihak yang dapat merusak ketidakberpihakan mereka. Dengan variasi yang tidak sama, namun bekerja dalam lingkaran kekuasaan yang sama, pengadilan di Singapura dan Pakistan memberikan konfirmasi atas hal-hal tersebut.

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