scholarly journals Igualdad entre mujeres y hombres = Equality Between Women and Men

2019 ◽  
pp. 233
Author(s):  
MariaCaterina La Barbera
Keyword(s):  
Social Change ◽  
Rule Of Law ◽  
Global Justice ◽  
Fundamental Principle ◽  
Social Structures ◽  
The Rule Of Law ◽  
Substantive Equality ◽  
Formal Equality ◽  
Las Mujeres ◽  
Formal Dimension

Resumen: Este artículo trata de la igualdad entre mujeres y hombres como principio fundamental del Estado de Derecho. Se ilustran aquí las tres dimensiones interconectadas de la igualdad entre mujeres y hombres contenidas en la Convención para la eliminación de toda forma de discriminación hacia las mujeres (CEDAW). La CEDAW no se limita a considerar la dimensión formal de la igualdad o igualdad en derechos. Apunta a la necesidad de abordar la dimensión material de la igualdad, o igualdad de hecho, e indica las acciones positivas necesarias para ello. La concepción de la igualdad contenida en la CEDAW apela a su dimensión transformativa, es decir, apunta a la eliminación de los estereotipos y las estructuras sociales que perjudican a las mujeres y aspira a transformar la sociedad en su conjunto en términos igualitarios. Siguiendo recomendaciones recientes del Comité CEDAW, se señala finalmente la necesidad de considerar las discriminaciones que sufren las mujeres como el resultado de la intersección de las estructuras de género con otros ejes de desigualdad interconectadas.Palabras clave: Igualdad formal, Igualdad de hecho, CEDAW, Igualdad transformativa, Interseccionalidad, cambio social, justicia global.Abstract: This article addresses equality between women and men as a fundamental principle of the Rule of Law. The three interconnected dimensions of equality between women and men that are contained in the Convention for the Elimination of All Forms of Discrimination against Women (CEDAW) are here illustrated. CEDAW does not restrain its focus to the formal dimension of equality or equality before the law. It points to the need to address the substantive dimension of equality, or equality de facto, and indicates the positive measures needed to this end. The conception of equality contained in the CEDAW appeals to the transformative dimension of equality, that is to say, it aims to eliminate stereotypes and social structures that harm women and to transform society as a whole in egalitarian terms. Following recent recommendations of CEDAW Committee, the need to consider women’s discrimination as the result of the intersection of gender structures with other interconnected axes of inequality is finally pointed out.Keywords: Formal equality, Substantive equality, CEDAW, Transformative equality, Intersectionality, social change, global justice.

Lawyers as Activists

2018 ◽  
Author(s):  
Michael C. Dorf ◽  
Michael S. Chu
Keyword(s):  
United States ◽  
Social Media ◽  
Social Change ◽  
Civil Rights ◽  
Rule Of Law ◽  
The United States ◽  
The Rule Of Law ◽  
Court Action ◽  
The Government ◽  
Trump Administration

Lawyers played a key role in challenging the Trump administration’s Travel Ban on entry into the United States of nationals from various majority-Muslim nations. Responding to calls from nongovernmental organizations (NGOs), which were amplified by social media, lawyers responded to the Travel Ban’s chaotic rollout by providing assistance to foreign travelers at airports. Their efforts led to initial court victories, which in turn led the government to soften the Ban somewhat in two superseding executive actions. The lawyers’ work also contributed to the broader resistance to the Trump administration by dramatizing its bigotry, callousness, cruelty, and lawlessness. The efficacy of the lawyers’ resistance to the Travel Ban shows that, contrary to strong claims about the limits of court action, litigation can promote social change. General lessons about lawyer activism in ordinary times are difficult to draw, however, because of the extraordinary threat Trump poses to civil rights and the rule of law.

scholarly journals A post-colonial legal approach to the Chagos case and the (dis)application of land rights norms

2018 ◽  
Vol 15 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Kinnari Bhatt
Keyword(s):  
Rule Of Law ◽  
Land Rights ◽  
Legal Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Legal Scholarship ◽  
The Rule Of Law ◽  
Post Colonial ◽  
Substantive Equality ◽  
Definition Of

AbstractOne way of understanding the exile of the Chagos Islanders and their inability to return to their ancestral land is through a reading of the case from a perspective of post-colonial legal scholarship. Chagossians have strong legal rights to land and remedies of compensation and return through a purposive application of the international legal definition of Indigenous, Magna Carta right to abode and international human rights law that could address their dispossession. Yet, the inability of those rights to be meaningfully applied has been constrained because of the post-colonial way they are legally interpreted, creating a legal vacuum in which basic fairness and substantive equality have been routinely compromised. Drawing attention to the continued legal denial of return in the context of decolonisation, ongoing colonialism and the rule of law makes sense of the legal record and explains the expulsion of the islanders despite the moral merits of return.

scholarly journals The Principle of Sovereignty as the Main Principle of Democracy, between the Political Pluralism and the Electoral System in the Parlamentary Republic of Albania

2020 ◽  
Vol 9 (6) ◽  
pp. 184
Author(s):  
Ismail Tafani ◽  
Darjel Sina
Keyword(s):  
Rule Of Law ◽  
Party System ◽  
Essential Element ◽  
Electoral System ◽  
Fundamental Principle ◽  
Popular Sovereignty ◽  
Political Pluralism ◽  
The Rule Of Law ◽  
Constitutional Principle ◽  
Democratic Principle

Popular sovereignty is the foundation of the principle of democracy for the existence and functioning of the rule of law. In the Parliamentary Republic of Albania based on political pluralism for nearly three decades, this essential element of the democratic principle seems to be as fragile as the principle itself. The basic concept of the functionality of the rule of law in Albania under the Constitution is the separation and balancing of powers. Although the constitutional provision for the separation and balancing of powers is clear and based on Montesquieu’s conception of the development of the principle of democracy and the prohibition of abuse that each of the powers could inflict on each other, the separation and balancing of powers in Albania seems to be impossible. Albania as a country with a culture of not very long political pluralism, instead it comes from a rather long-term mono-party system where the development of the electoral process was more of a holiday than a race. However, the sovereignty of the people enshrined in today's constitution and yesterday's constitution seems more like a slogan than a fundamental principle of constitutional order. In these years of political pluralism between the test of many electoral systems coupled with constitutional and legal changes, the implementation of the principle of popular sovereignty to consolidate the democratic principle remains clearly a utopia for Albanian society. After each election process debates reopen the need for reforming the electoral system in general and managing the process in particular. The purpose of this paper through a comparative analysis is to identify the elements that impede the observance of the fundamental constitutional principle of popular sovereignty either directly or indirectly through elected representatives to consolidate the rule oflaw in Albania.

scholarly journals Principles оf Regulatory Activity of Bodies State Authority

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.

THE OWNERSHIP OF CONFISCATED PROCEEDS OF CORRUPTION UNDER THE UN CONVENTION AGAINST CORRUPTION

2018 ◽  
Vol 67 (3) ◽  
pp. 669-694
Author(s):  
Anton Moiseienko
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Fundamental Principle ◽  
The State ◽  
The Rule Of Law ◽  
United Nations Convention ◽  
The United Nations

AbstractArticle 51 of the United Nations Convention against Corruption sets forth the return of assets diverted through corruption as a fundamental principle of the Convention. This raises the question of whether the State where the stolen assets are located is entitled to refuse their repatriation or subject it to certain conditions. This article analyses the Convention and the policy considerations behind it and argues that such a State has a wider discretion over the return of stolen assets than is often thought. Furthermore, the article argues that the rule of law may be better served if States take vigorous action to confiscate the proceeds of corruption regardless of whether they are ultimately repatriated.

scholarly journals Demokratska vladavina prava

2019 ◽  
Vol 56 (1) ◽  
pp. 87-106
Author(s):  
Olivier Jouanjan
Keyword(s):  
Rule Of Law ◽  
Direct Democracy ◽  
Fundamental Principle ◽  
Carl Schmitt ◽  
Modern Democracy ◽  
Political Will ◽  
The Rule Of Law ◽  
Administrative Control ◽  
The People ◽  
Collective Process

In Europe, democracy has a bright future. Not one democratic mechanism, however direct, cannot guarantee direct democracy. Therefore, the theory of populism by theoretician Carl Schmitt is analyzed « thoughts on Schmitt against Schmitt : Ernst-Wolfgang Böckenförde“. Furthermore, the democratic myth is discussed and its ideology. The state of rule of law of modern democracy and the two faces of modern democracy are analyzed. The need to participate in civil society in administrative control is stressed. The relation of the tension between democracy and rule of law is observed. The need to consider the concept of considering modern democracy in relation to the idea of rule of law, democracies under conditions of modern politics on the basis of which Böckenförde, referring to Hegel, calls the problem „division “are emphasized. It is precisely from this problem that Böckenförde shows that modern democracy can only be representative. Representation is a fundamental principle of the rule of law while representation means a system of formation necessary for expressing the political will of the people. Every formation of the collective process means the introduction of standards of procedure, significant guarantees and formal conditions of this process.

scholarly journals The Genesis of Corruption—the Dominant Features of Contemporary Societies of the Colonial Past Inheritance

2021 ◽  
Vol 9 (2) ◽  
pp. 201
Author(s):  
Miroslav Kuka
Keyword(s):  
Social Change ◽  
Rule Of Law ◽  
Social Practice ◽  
Social Problems ◽  
Business Models ◽  
Social Innovation ◽  
Organizational Models ◽  
The Rule Of Law ◽  
Institutional Practice ◽  
Social Innovations

One of the most significant characteristics of the contemporary society is the continuous and an intense social change. This continuous social change initiates a special subject of research into social practice, which envisages in social innovations, influencing to change the life style of citizens of a society. Social innovations are encouraged through the interaction of the institutional networks and individuals and changes can be visible in practice, processes, business models, and organizational forms, all in order to respond to a social problem. In addition to historical and political conditions, social innovations are also determined through cultural patterns, in a manner that not every social innovation will aim to develop potential and seek to answers to social problems. In contemporary societies of the 21st century with a colonial past (inheritance), the inherited cultural and historical patterns are just the crucial components which creating social problems, by developing organizational models of corruption, as a parallel form of functioning of the rule of law. The institutional practice within the Serbian institutions through a direct research in the form of this paper, considering period from 2009 to 2021, serves to analyze the genesis of the emergence and development of corruption, i.e., an illegal use of the system of positions (status) for the purpose of gaining one's own benefit and collapsing the rule of law. Simultaneously, the paper provides with a hypothetical answer to explain how corruption, as the primary form of a social innovation in the countries of “colonial democracy inheritance”, can potentially suppress.

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