scholarly journals Problems of protecting human rights in the context of the COVID-19 pandemic

2021 ◽  
pp. 96-100
Author(s):  
N. S. Latypova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Rule Of Law ◽  
Constitutional Rights ◽  
Basic Principles ◽  
Global Response ◽  
The Rule Of Law ◽  
Emergency Measures

As part of the global response of States to the COVID-19 pandemic, most governments are currently forced to take emergency measures to respond to the emerging national threat, introducing bans and restrictions, establishing additional responsibilities and measures to control citizens, which inevitably raises the question of the need to preserve the fundamental principles of the rule of law and the basic constitutional rights and freedoms of man and citizen in the context of the pandemic. The purpose of this article is to analyze the main problems of protecting human and civil rights in the context of a pandemic and to determine the basic principles and rules on which States are based when adopting legislation that restricts the rights and freedoms of citizens.

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.

scholarly journals The Changing Role of Nordic Courts

2021 ◽  
pp. 167-183
Author(s):  
Martin Sunnqvist
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Nordic Countries ◽  
Constitutional Rights ◽  
Supreme Courts ◽  
The Rule Of Law ◽  
Changing Role

AbstractThe Supreme Courts in all the Nordic countries reserve, and exercise, the power to set aside unconstitutional laws. In this way, they protect the rule of law and the human rights that are enshrined in their national constitutions. However, they go about this in different ways and treat different constitutional rights in ways distinct from one another. In this chapter, I discuss the development of the diversified judicial review of legislation in the Nordic countries. I also discuss the independence of their judiciaries in the light of the latest developments in Europe. Finally, I discuss the importance of developing standards for the interpretation of case law on these constitutional issues. Recent development brings with it two consequences for Nordic courts: the task of assessing the independence of judiciaries in other EU states, and questions about how the rule of law and the independence of the judiciary can be strengthened at home.

The Rights Revolution in the Age of Obama and Ferguson: Policing, the Rule of Law, and the Elusive Quest for Accountability

2015 ◽  
Vol 13 (3) ◽  
pp. 657-679 ◽  
Author(s):  
Lynda G. Dodd
Keyword(s):  
Civil Rights ◽  
Political Science ◽  
Rule Of Law ◽  
Use Of Force ◽  
Private Enforcement ◽  
Constitutional Rights ◽  
Court Cases ◽  
Police Use Of Force ◽  
The Rule Of Law ◽  
The Impact

Recent political science scholarship examining the institutional features of the rights revolution has highlighted the importance of the private enforcement of civil rights. This article discusses a less well-known line of Supreme Court cases concerning government liability that have undermined effective private enforcement of constitutional rights. I examine the impact of the Court’s “procedural assault” on private civil rights enforcement and possible responses to the recent protests in Ferguson, Missouri, and elsewhere across the country regarding police use of force. After identifying the ways in which the Court has undermined a core strand of the rights revolution, I assess the challenges confronting the Obama administration and civil rights leaders as they respond to these developments.

scholarly journals The adversity on establishing places of worship: has religious freedom failed in Indonesia?

2021 ◽  
Vol 29 (1) ◽  
pp. 93-113
Author(s):  
Ridwan Arifin ◽  
Hanif Helmi ◽  
Ngaboawaji Daniel Nte ◽  
Waspiah Waspiah ◽  
Dian Latifiani
Keyword(s):  
Human Rights ◽  
Empirical Research ◽  
Rule Of Law ◽  
Religious Freedom ◽  
Cultural Factors ◽  
Security Studies ◽  
Legal Regulations ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Human Rights Standards

Religious freedom has various interpretations in practice, although the rule of law regulates this right. In many cases, freedom of religion is closely related to human rights and security studies, however, not infrequently, the cases intersect with political policies. This paper aims to analyze various cases regarding religious freedom in Indonesia concerning human rights. This paper examines various phenomena related to difficulties and establishing places of worship, especially for certain groups in Indonesia in various policies and legal regulations in Indonesia. The method used for this research is non-empirical research. All data dan information analyzed come up from various previous research. This paper found and underlined that debates on the relativity of human rights often lead to different perceptions in human rights standards. Various laws relating to communities of places of worship, in many cases and considered by many experts to violate the basic principles of human rights. This paper also emphasized that the fulfillment of human rights in Indonesia concerning religious freedom cannot be separated from historical, sociological, and cultural factors of the Indonesian people themselves.

scholarly journals Udział stowarzyszeń zwykłych w postępowaniu sądowoadministracyjnym w sprawach z zakresu ochrony środowiska – analiza rozbieżności w orzecznictwie

2018 ◽  
Vol 4 (1) ◽  
pp. 160-180
Author(s):  
Piotr Korzeniowski
Keyword(s):  
Civil Society ◽  
Civil Rights ◽  
Public Participation ◽  
Environmental Protection ◽  
Rule Of Law ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Administrative Proceedings ◽  
The Right ◽  
Democratic Country

Participation of unincorporated associations in court and administrative proceedings is a tool of public participation which is a part of basic principles of performance of a democratic country and a civil society. By means of abiding by those principles administrative bodies and courts respect the rule of law and it becomes a standard. The rule of public participation can be as well treated as a part of the basic civil rights stipulated in the Constitution. By respecting the right of unincorporated associations to participate in court and administrative proceedings in environmental protection-related cases the goals and functions of environmental protection law can be accomplished. 

scholarly journals LEGAL DEFINITION IN THE CONTEXT OF THE PROTECTION OF HUMAN CONSTITUTIONAL RIGHTS

2020 ◽  
Vol 17 (1) ◽  
pp. 59-68
Author(s):  
Ellada Balayan
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Constitutional Rights ◽  
Legal Certainty ◽  
Scientific Methods ◽  
The Rule Of Law ◽  
Res Judicata ◽  
Legal Science

Introduction. In modern legal science, the category of “legal certainty” is understood and interpreted in different ways. Opinions and approaches of scientists differ in designating the type, nature, elements, regulatory burden and the full content of the idea of legal certainty. The significance of the principle of legal certainty in the context of the protection of human rights cannot be considered without taking into account the influence of Roman law on it. The idea of establishing the rule of law for the “expulsion of all injustice” and contradictions is relevant in modern law. Without a broad interpretation of the principle of res judicata, human rights violations cannot be avoided. Purpose. The purpose of the research is to analyze the nature, content of the normative burden of the category “legal certainty”, various theories and approaches to determining its place in the doctrine of constitutional law, in general, in the context of protecting human rights and freedoms, in particular. Methodology. The methodological basis of the study is scientifically developed and applied in practice, the main scientific methods, such as the dialectical method of cognition, which allows you to analyze all phenomena and processes in their development, the relationship and interdependence, as well as general scientific and private scientific methods, analysis, specific historical, logical historical, systemic, comparative legal and other methods. The theoretical basis of the study is the work of domestic and foreign experts of constitutional law, the theory of state and law, international law, as well as other areas of legal science. The material of a scientific article is based on the study of various scientific sources: monographs, dissertations, scientific articles, materials of scientific and practical conferences, etc. Results. The category of “legal certainty” in the doctrine is considered in different contexts. The unity of opinion in the legal doctrine exists solely to indicate the important role and significant place of the principle of legal certainty in law-making and law enforcement activities of the state. The normative burden of legal certainty is interpreted more meaningfully, since it covers not only the elements of the supposed stability and clarity of the current legal regulation or the essence of the principle of res judicata, but also the consistency, clarity of the entire system of law, the constancy of law enforcement, the practice of the activities of the judiciary, the integrity and compliance of prescriptions law and legal culture and consciousness of all subjects of legal relations to these requirements. Conclusion. To avoid violations of the constitutional rights and freedoms of man and citizen, as well as non-compliance with the constitutional guarantees of their state, including judicial, defense, to ensure the most harmonious state of legal stability of the individual, society and the rule of law is possible only with the application of this approach.

scholarly journals Constitutional Complaint in Indonesia Through the Lens of Legal Certainty

2021 ◽  
Vol 2 (1) ◽  
pp. 57
Author(s):  
Standy Wico ◽  
Michael Michael ◽  
Patricia Louise Sunarto ◽  
Anastasia Anastasia
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Legal Certainty ◽  
Government Officials ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Legal Standing ◽  
The Government

To date, there is no trial mechanism for Indonesian citizens to claim their rights through the constitutional complaint, even if the Constitutional Court has existed since 2003. In fact, civil rights guaranteed in the 1945 Constitution are often ignored by the government even though these rights are essential in promoting the rule of law. This paper aims to revisit the range of constitutional complaints and further consequences about the legal certainty by taking into account the rationale of civil rights protection following the establishment of the Constitutional Court for adjudicating civil complaints. This study uses juridical research with normative and comparative approaches. In this context, a constitutional complaint is different from the judicial review for which, the actions of government officials are deemed to be detrimental and violate the constitutional rights of citizens. Rather, it is an adjudication for protecting civil rights when it is found the constitutional rights are breached by the government so that each citizen has legal standing before the Constitutional Court. As for the effort to apply legal certainty to constitutional complaints, a legal basis is needed, namely the laws that regulate and their application. By doing so, it can be implemented after amending the 1945 Constitution that outlines the additional power-wielding to the Constitutional Court. KEYWORDS: Constitutional Complaint, Constitutional Court, Indonesian Constitution.

scholarly journals The novelty of the individual constitutional complaint in Lithuania – theorethical and practical aspects

2020 ◽  
pp. 6-28
Author(s):  
Rokas Urbanavičius ◽  
Vytautas Vaicekauskas
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal System ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
Additional Possibility ◽  
Protection Of Human Rights ◽  
The Individual ◽  
Further Development

In several stages a new legal instrument (the constitutional complaint) was established in the legal system of Lithuania starting by the amendment of the Constitution on March 21, 2019 and continuing in July by introducing the requirements for appealing to the Constitutional Court. The essence of this novelty lies in the model established in the Polish Constitution, i. e. the additional possibility for a person who has exhausted all usual means of defence of constitutional rights and freedoms to appeal directly to the Constitutional Court questioning the constitutionality of such a legislative and executive act, which was the basis for the adoption of a final non-appealable judgment against that person in a court. The introduction of such novelty in the legal system of Lithuania implies the further development of the protection of human rights and freedoms and the realization of the principle of the Rule of Law which is necessary for the latter. Therefore, while investigating the novelty of the constitutional complaint in Lithuania, models of constitutional complaint, specific details of the establishment of this institute in Lithuania are unravelled, and practical aspects are investigated by analysing first constitutional complaints submitted to and accepted by the Constitutional Court.

scholarly journals CONCEPT OF APPLICATION OF WORKERS 'CONSTITUTIONAL RIGHTS JUSTICE OUTSOURCING

2019 ◽  
Vol 3 (2) ◽  
pp. 164
Author(s):  
Mashari Mashari
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Dignity ◽  
Logical Consequence ◽  
State Power ◽  
Constitutional Rights ◽  
Entire System ◽  
State Law ◽  
The Rule Of Law

<p>Indonesia as a state of law, which in the implementation of state power is carried out<br />under the rule of law. The logical consequence, the entire system of administration of state<br />administration must be based on the constitution.<br />1<br /> Every implementation of state or government <br />power is always built by and based on the principles and provisions of the constitution.<br />The Indonesian Constitution states that the human rights of all citizens must not be<br />violated and must be fulfilled. The provisions of Article 1 paragraph (1) of Law Number 39 of<br />1999 concerning Human Rights, which basically says that human rights are rights that are<br />inherent and inherent in every person as God's creatures. As rights inherent in every human<br />person, human rights are gifts that must be respected, upheld, guaranteed and protected by the<br />state, law and government, for the glory and protection of human dignity.</p>

scholarly journals Rule of Law and the Doctrine of Proportionality; Appraisal, Rational and Validation

sjesr ◽  
2021 ◽  
Vol 4 (1) ◽  
pp. 222-229
Author(s):  
Hidayat Ur Rehman ◽  
Dr. Syed Raza Shah Gilani ◽  
Dr. Ilyas Khan
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Common Law ◽  
Constitutional Rights ◽  
The Rule Of Law ◽  
The Common

In Germany, many researchers – including judges – believe that the idea of proportionality should stem from the notion of Rechsstaat.  The term, when translated into English, is Rule of Law, and “Etat de Droit” in French. Applying the rule of law as a reason for adopting proportionality as a factor for limiting constitutional rights via the constitutionality of sub-constitutional law has also been implemented by other legal organizations. To understand the liaison connecting the rule of law and the doctrine of proportionality, it is essential to determine whether the proportionality could have a harmony with the values of rule of law in five steps. First, it is necessary to enquire whether the rule of law principle has a constitutional position. Next, it must be determined whether the rule of law as a principle of the constitution includes a feature of Human Rights. Third, we must ascertain whether the rule of law, as a principle of the constitution, is based upon an equilibrium amid constitutional rights and their limitations.  Fourth, it must be determined that such a balance is conducted through the use of limitation clauses (statutes or the common law). Fifth, it is essential to establish an opinion on whether limitation clauses, which advance the standard of the rule of law, are based on proportionality.

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