scholarly journals Why there is a need for Street Law programmes?

2017 ◽  
Vol 1 (1) ◽  
pp. 98
Author(s):  
Michal Urban
Keyword(s):  
Rule Of Law ◽  
Liberal Democracy ◽  
Classical Liberalism ◽  
The Rule Of Law ◽  
Illiberal Democracy ◽  
Positive Feeling ◽  
Winston Churchill ◽  
Form Of Government ◽  
The World ◽  
Imperfect System

<p>Winston Churchill famously noted that democracy is the worst form of government, except for all those other forms that have been tried from time to time.<a title="" href="file:///X:/Academic%20Library%20Services/Research%20Support%20Team/Scholarly%20Publications/OJS/International%20Journal%20of%20Public%20Legal%20Education/07%20Michal%20Urban.docx#_ftn1">[1]</a> He was talking about constitutional liberal democracy in Fareed Zakaria’s terms,<a title="" href="file:///X:/Academic%20Library%20Services/Research%20Support%20Team/Scholarly%20Publications/OJS/International%20Journal%20of%20Public%20Legal%20Education/07%20Michal%20Urban.docx#_ftn2">[2]</a> combining classical liberalism with the rule of law, and he had no illusions about its weaknesses. After all, he was a witness to fall of many of those European democracies under the pressures of Nazism, fascism or communism in 1930s and 1940s.  However imperfect system this kind of democracy may be, it is the system that most European countries currently have, for better or worse, and all the alternatives to it we are currently observing across the world, be it in China, Russia, Hungary or Turkey present no tempting substitute. On the contrary, these more or less illiberal democracies evoke pleasantly positive feeling towards our version of democracy, even with all its flaws.</p><div><br clear="all" /><hr align="left" size="1" width="33%" /><div><p><a title="" href="file:///X:/Academic%20Library%20Services/Research%20Support%20Team/Scholarly%20Publications/OJS/International%20Journal%20of%20Public%20Legal%20Education/07%20Michal%20Urban.docx#_ftnref1">[1]</a> See https://www.winstonchurchill.org/resources/quotes/the-worst-form-of-government.</p></div><div><p><a title="" href="file:///X:/Academic%20Library%20Services/Research%20Support%20Team/Scholarly%20Publications/OJS/International%20Journal%20of%20Public%20Legal%20Education/07%20Michal%20Urban.docx#_ftnref2">[2]</a> Zakaria, Fareed. The Future of Freedom: Illiberal Democracy at Home and Abroad. W.W. Norton &amp; Company,  2003.</p></div></div>

scholarly journals The faces of freedom in the concepts of a liberal and non-liberal state

2021 ◽  
Vol 43 (1) ◽  
pp. 155-172
Author(s):  
Justyna Przedańska
Keyword(s):  
Rule Of Law ◽  
Liberal Democracy ◽  
Freedom Of Expression ◽  
Civil Liberties ◽  
Political Rights ◽  
Slight Improvement ◽  
Liberal State ◽  
The Rule Of Law ◽  
The World ◽  
The Individual

The last decade has exposed the recession of freedom throughout the world. It arises from the latest Freedom in the World 2020 report that civil liberties and political rights have deteriorated in 64 countries, while only 37 have seen a slight improvement in these areas. The principles of liberal democracy (the rule of law, free elections, minority rights and freedom of expression) in Europe, historically the best-performing region in terms of freedom in the world, have come under serious pressure in recent years. In the article, starting from an analysis of the categories of freedom presented in many aspects, followed by a discussion of the assumptions and concepts of liberalism, as well as the political project referred to as non-liberal democracy, which has grown out of their criticism, the author identifies the problem of instrumentalization and relativization of freedom, which leads to the restriction of freedom of speech, freedom of minorities, religious freedom and sexual freedom, replacing the individual freedoms of the citizens with the so-called collective freedom.

scholarly journals Facets of Democracy: An Overview

2019 ◽  
Vol 9 ◽  
pp. 15-29
Author(s):  
Aswasthama Bhakta Kharel
Keyword(s):  
Rule Of Law ◽  
Civil Liberties ◽  
The State ◽  
The Political ◽  
Ordinary People ◽  
The Rule Of Law ◽  
Political Preferences ◽  
Form Of Government ◽  
The World ◽  
Elected Representatives

 Democracy allows the expression of political preferences of citizens in a state. It advocates the rule of law, constraints on executive’s power, and guarantees the provision of civil liberties. It also manages to ensure human rights and fundamental freedoms of people. In democracy, people are supposed to exercise their freely expressed will. Ordinary people hold the political power of the state and rule directly or through elected representatives inside a democratic form of government. Democracy is a participatory and liberal way of governing a country. Different countries in the world have been practicing various models of democracy. There remains the participation of people in government and policy-making of the state under democracy. But when the majority can pull the strings of the society without there being legislation for protecting the rights of the minority, it may create a severe risk of oppression. Many countries of the world at the present time are facing democratic deficits. In several countries, the democratic practices are not adequately regulated and governed, as a result, the rise of violations of rules of law is observed. Even a few countries practicing democracy are not living peacefully. This situation has put a significant question about the need and sustainability of democracy. Democracy is a widely used system of governance beyond having several challenges. Here the concept, origin, models, dimensions, practices, challenges, solutions, and future of democracy are dealt to understand the structure of ideal democracy.

Russia and EU Countries: Partnership for Modernization

2013 ◽  
pp. 54-61
Author(s):  
T. Romanova ◽  
E. Pavlova
Keyword(s):  
Rule Of Law ◽  
New Classification ◽  
Member States ◽  
The Rule Of Law ◽  
Normative Power ◽  
Eu Member States ◽  
The World ◽  
The Difference ◽  
The Eu

The article examines how the normative power, which the EU puts forward as an ideological basis of its actions in the world, manifests itself in the national partnerships for modernization between Russia and EU member states. The authors demonstrate the influence of the EU’s normativity on its approach to modernization as well as the difference in the positions of its member countries. It is concluded that there is no unity in the EU’s approach to democracy, human rights and the rule of law, and the new classification of EU member states, which is based on their readiness to act in accordance with the Union’s concept of normative power, is offered.

The Rule of Law: The New Leviathan?

1999 ◽  
Vol 12 (1) ◽  
pp. 151-168 ◽  
Author(s):  
Olufemi Taiwo
Keyword(s):  
Rule Of Law ◽  
Philosophical Tradition ◽  
Global Level ◽  
The Rule Of Law ◽  
The World ◽  
Social Ordering ◽  
Soviet Communism ◽  
Just Society ◽  
Different Parts ◽  
The Ideal

These are the best of times for the Rule of Law. In all parts of the world, states, governments, and individuals, have found in the rule of law, at various times, a rallying cry, a principle of social ordering that promises the dawn of a just society that its supporters in Euro-American democracies claim to be its crowning glory, or a set of practices that is a sine qua non of a good society. The pursuit of the ideal is nothing new: after all, even those states where it was observed more often in its breach always paid lip service to it. And the defunct socialist countries of Eastern Europe, while they existed, could not escape its lure even as they sought to give it a different nomenclature—socialist legality. The movement towards the rule of law has accelerated after the collapse of Soviet communism and its foster progeny in different parts of the world. Given the present momentum towards the rule of law and the widespread enthusiasm with which it is being embraced and pursued at the global level, some would consider it somewhat churlish for anyone to inject any note of doubt or caution. This is more so when such a note emanates from Marxist quarters. But that is precisely what I wish to do in this essay. Although I do not intend to rain on the rule of law’s entire parade, I surely propose to rain on a segment of it: the Marxist float. I propose to look at the issue within the context of the Marxist politico-philosophical tradition.

Anti-Corruption Legislation In Turkish Law

2007 ◽  
Vol 8 (9) ◽  
pp. 903-914 ◽  
Author(s):  
Güne Okuyucu-Ergün
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Union Member ◽  
Political Stability ◽  
Foreign Investors ◽  
The Rule Of Law ◽  
The World ◽  
Almost All

Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.

scholarly journals Obama's National Security Exceptionalism

2017 ◽  
Author(s):  
Sudha N. Setty
Keyword(s):  
United States ◽  
National Security ◽  
Rule Of Law ◽  
The United States ◽  
International Norms ◽  
Global Community ◽  
The Rule Of Law ◽  
War Criminals ◽  
The World ◽  
International Obligations

Published: Sudha Setty, Obama's National Security Exceptionalism, 91 CHI.-KENT L. REV. 91 (2016).This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the rule of law when it comes to national security matters.

scholarly journals Public Pressure, Temptation of Power and Unconstitutional Actions in the War Against Terrorism in Kenya: Suggesting a Link

2016 ◽  
Vol 1 (1) ◽  
pp. 53-75
Author(s):  
Cecil Yongo
Keyword(s):  
Rule Of Law ◽  
Minority Rights ◽  
Terrorist Attacks ◽  
Information Communication ◽  
Intelligence Gathering ◽  
The Rule Of Law ◽  
The World ◽  
Public Pressure ◽  
The Government

The reaction of the government in Kenya, like many other governments around the world, to terrorist attacks has generally been to strengthen existing laws and enact novel laws, especially those that aid the state’s intelligence-gathering capabilities, along with those that are punitive. In some cases, even in Kenya, States have taken, or have attempted to take, extra-Constitutional and unconstitutional actions. This is the approach that this paper characterises as arising from ‘temptation of power’, and in that regard, this interdisciplinary paper is—through an analysis of scholarship in law, sociology and information/ communication—an attempt to investigate the origin, results and wisdom of such an approach in the war against terror, its effect on the rule of law and minority rights in society; and propose why and how it can be avoided.

The Politics of Public Order, 1795–1802

2014 ◽  
Author(s):  
Howard G. Brown
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Liberal Democracy ◽  
Public Order ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Road ◽  
Basic Law ◽  
National Convention ◽  
New System

The Thermidorian National Convention, despite some efforts at ‘transitional justice’, failed to master the legacies of the Terror. Therefore, the fledgling regime needed to impose the new republican political order while also restoring basic law and order—two tightly entwined tasks. The Constitution of 1795 articulated a liberal democracy based on the rule of law, but political instability and endemic lawlessness led first to multiple violations of the constitution, especially in the wake of elections, and a steady shift from democratic republicanism toward ‘liberal authoritarianism’. This shift received added impetus during waves of repression intended to restore order on strictly republican terms. The result was the creation a new ‘security state’, one that combined coercive policing, administrative surveillance, exceptional justice, and militarized repression. The emergence of the new system helped to restore order, and thereby to legitimize the Consulate, but it also paved the road to personal dictatorship in 1802.

The Courts, the Remote Hearing and the Pandemic: From Action to Reflection

2021 ◽  
Vol 44 (1) ◽  
Author(s):  
Michael Legg ◽  
Anthony Song
Keyword(s):  
Public Health ◽  
Rule Of Law ◽  
Empirical Data ◽  
Future Research ◽  
The Rule Of Law ◽  
The World ◽  
Data Gap

With the onset of the COVID-19 pandemic, courts around the world rapidly shifted to remote hearings. Balancing public health directives with the need to continue upholding the rule of law, what followed was the largest, unforeseen mass-pilot of remote hearings across the world. For courts this was necessarily a time of action, not reflection. However, after having maintained court operations, it is now necessary to reflect on the experience of remote courts and their users during an otherwise unprecedented situation. Unlike previous iterations of remote hearings, the COVID-19 experience was fully remote – whereby all participants took part in the hearing remotely. The difficulty is until now, almost no prior empirical data has existed on this type of fully remote hearing with the majority of previous research focused on the use of audiovisual links (‘AVLs’) to facilitate partially remote appearances within courtrooms. To bridge the research and data gap on fully remote hearings, this article draws on the previous body of literature to both examine the COVID-19 experience, and to assist in guiding future research and use of remote hearings.

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