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 

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.

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 Ombudsman Institute: Basic Models and Problems of Reception in Constitutional Law

2020 ◽  
Vol 9 (29) ◽  
pp. 273-281
Author(s):  
Oleksandr Batanov ◽  
Natalia Verlos ◽  
Olga Lotiuk ◽  
Olena Sinkevych
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Separation Of Powers ◽  
Classical System ◽  
Modern World ◽  
Persons With Disabilities ◽  
The Rule Of Law ◽  
Human Rights Protection ◽  
Rights Protection

In the search for optimal ways of improving the normative foundations and organizational-legal forms of human rights protection, the problem of institutional support of relevant processes is actualized. The protection of human rights is inherently linked to all public-power structures of the mechanism of state power and is possible only in the context of optimal implementation of the principles of the rule of law, separation of powers, democratic, social, rule of law. In Ukraine, in the context of constitutional modernization, the problem of improving the organizational-legal mechanism of human rights protection remains urgent. For this purpose, the Institute of the Ombudsman operates in Ukraine. Its implementation fully meets the tendencies existing in the modern democratic world and is a reaction to those conflicts and contradictions that exist in the field of human rights protection. Nevertheless, the social insecurity of certain sections of the population (children, pensioners, persons with disabilities, servicemen, migrants, internally displaced persons, ethnic minorities, persons belonging to the LGBTI community, entrepreneurs, patients and other categories of citizens) is an indicator of the relevance of the problem and the functioning of national human rights protection mechanisms, including the strengthening of the relevant oversight functions of the Ombudsman. The subject of the research is the problems of reception in the constitutional law of the basic models of organization of the Ombudsman Institute in the mechanism of functioning of the rule of law. The object of the study is the public relations that delve into the human rights protection process and the ombudsman's exclusivity in the relevant processes. The methodological basis of the study are general scientific methods, such as dialectical, comparative-legal, formal-legal, historical, and logical methods of cognition, as well as special and private-law methods. The history of development, the causes, the processes of institutionalization and constitution of the ombudsman services in the modern world, the permanent transformation of their functions and the differentiation of their specialization are evidence of the improvement of the classical system of separation of powers and the constitutional mechanism of its organization. It is argued that the functional isolation, independence, and organizational diversity of the control bodies, first of all, the Ombudsmen, is a testament to the formation of control power, the conceptual idea of which is the existence of a system of measures to ensure control over public authority.

scholarly journals Allusiveness, Language and Imagery in Francis Moto's Gazing at The Setting Sun

2020 ◽  
Vol 3 (1) ◽  
pp. 52-67
Author(s):  
Syned Mthatiwa
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Political Change ◽  
Close Reading ◽  
Political Transformation ◽  
Childhood Experiences ◽  
The Rule Of Law ◽  
Congress Party ◽  
The Future ◽  
Autocratic Leadership

Francis Moto is a Malawian writer who has published poetry both in vernacular (Chichewa) and in English. His poetry in English appears in a collection titled Gazing at the Setting Sun published in 1994, the year Malawians voted Dr Hastings Kamuzu Banda and his Malawi Congress Party (MCP) out of power. Besides recording the suffering of Malawians during the autocratic leadership of the first post-independence president, Dr Banda, and remembering the author's childhood experiences, the poetry also celebrates Malawi's political transformation from one party rule to multiparty democracy in the early 1990s. In the poems, Moto also looks to the future with a sense of hope for a better society where human rights and the rule of law will be respected. This article analyses Moto's poems with the aim of celebrating his successes as a poet. This is done by focusing on his more successful poems in terms of style. It is argued in this article that the success of some of Moto's poems in Gazing at the Setting Sun depends on his allusions to and evocations of dictatorship and political change in Malawi. These evocations and allusions depend on his imagery and choice of words and expressions. In the analysis of the poems, close reading with a particular focus on style is done. The discussion is in two parts. The first part discusses Moto's poems that allude to the dictatorial reign of Dr Banda in Malawi and the second part provides a discussion of Moto's imagery in relation to his evocation of political change.

Democracy Talks in Manila: The Role of Youth Voices in Democracy

2021 ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Political Change ◽  
The Philippines ◽  
Democratic Participation ◽  
Development Studies ◽  
The Rule Of Law ◽  
Youth Leaders ◽  
The University

There are various challenges to democracy which have worsened during the Covid-19 pandemic. Some countries have experienced democratic backsliding and other problems from the perspective of democratic participation, human rights and the rule of law. To discuss these issues in the context of the Philippines, a webinar entitled ‘Democracy Talks in Manila: The Role of Youth Voices in Democracy’ was organized in December 2020 by the Embassy of Sweden in Manila, International IDEA and the Program on Social and Political Change at the University of the Philippines Center for Integrative and Development Studies (UP CIDS). The webinar was part of the Swedish Government’s Drive for Democracy initiative, and among the participants were students, youth leaders and youth advocates of democracy and human rights.

Secrets and Lies

2015 ◽  
Author(s):  
Adrian Guelke
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Barack Obama ◽  
Mass Casualty ◽  
Theory And Practice ◽  
Political Leaders ◽  
The Rule Of Law ◽  
The Public ◽  
Counter Terrorism ◽  
Constitutional Government

The response of Western governments to the threat posed by mass-casualty terrorism has resulted in a widening gulf between their theory and practice of counter-terrorism and their proclaimed commitment to the maintenance of fundamental human rights. A shocking picture has emerged of wrongdoing perpetrated under the broad terms of counter-terrorist measures adopted since 9/11. This chapter seeks to explain this outcome, especially in the light of the episodic and limited nature of attacks by jihadis on Western societies since 2001. It also examines how President Barack Obama has grappled with the argument that some of the measures designed to protect the public from terrorism pose a threat to constitutional government and to the rule of law. It notes that his readiness to accept that such dangers do indeed exist has been exceptional among Western political leaders and that reliance on secrecy, misinformation, and denial has been the norm.

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 Power Politics and the Rule of Law in Post-Dayton Bosnia

2013 ◽  
Vol 7 (2) ◽  
pp. 189-210 ◽  
Author(s):  
Timothy Donais
Keyword(s):  
Rule Of Law ◽  
Political Conflict ◽  
Status Quo ◽  
Political Life ◽  
Law Reform ◽  
The Political ◽  
Power Politics ◽  
The Rule Of Law ◽  
The Past ◽  
Political Status

Over the past two decades, therule of law has emerged as a key priority within contemporary peacebuildingefforts. Drawing on examples from post-Dayton Bosnia, this article examines theimpact of rule of law reform efforts on broader patterns of power and politicalauthority in peacebuilding contexts. It suggests that in the case of Bosnia,the use of rule of law strategies to restructure political life has largelyfailed. Thus, despite some notable achievements on the rule of law front, thecore dynamics of Bosnia’s political conflict remain intact, and country’s peaceprocess is as fragile as ever. The article concludes by noting that charting acourse between accepting the political status quo and fundamentallytransforming it requires more nuanced approaches that advance the rule of laweven while accepting its limits as an instrument of deep politicaltransformation.

The Political and the Basic Law'sSozialstaatPrinciple—Perspectives from Constitutional Law and Theory

2011 ◽  
Vol 12 (11) ◽  
pp. 1887-1900 ◽  
Author(s):  
Hans Michael Heinig
Keyword(s):  
Welfare State ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Carl Schmitt ◽  
The Political ◽  
Social State ◽  
The Rule Of Law ◽  
Basic Law ◽  
The Cost ◽  
The Welfare State

The welfare state aspect is among the central characteristics of German statehood as established by the constitution. For the Basic Law's drafters, it was so indispensable that they included the mandate of a welfare state in the catalogue of constitutional principles which are to have eternal validity within the constitution and which could only be dispensed with at the cost of breaching the constitution, the cost of revolution (Article 79(3) of the Basic Law (Grundgesetzin German; hereinafter “GG”)). Article 79(3) GG codifies the distinction between constitution and constitutional provision made prominent by Carl Schmitt, whose constitutional doctrine of 1928 asserted that, while the constitutional legislature can amend an individual provision in the constitution, the constitution as a whole is not to be changed short of political action transcending the law, that is, a revolution. Article 79(3) GG takes up this idea, insulating certain features of the constitution from amendment. These features—outside all democratic reach and thus quasi depoliticized—include the inviolability of human dignity (Article 1(1) GG) and the nature of the state as a democracy, a republic, a federal state based on the rule of law, and a “social” state (Article 20(1) GG). On closer scrutiny, the principles underlying the state's structure reveal a significant difference between, on the one hand, the principles of democracy, federalism, the rule of law, and republicanism and, on the other, the principle of the welfare state. The four former features stem from long traditions in constitutional law; modern political philosophy has detailed them precisely and the Basic Law concretizes them in thorough regulations. In contrast, the political history of ideas has failed to produce a “flag-bearing” thinker for the welfare state. The establishment of the welfare state has played no significant role in constitutional history. And, on first glance, even the Basic Law seems to provide hardly any specifics as to what exactly makes up its “social” state or, in particular, what normative consequences follow from this constitutional principle. This raises the question: What actually justifies the principle of the welfare state's illustrious position among those constitutional entities endowed with highest relevance? The following discussion develops the answer: Regardless of its limited historical and theoretical traditions, the principle of theSozialstaatfinds its meaning beyond its doctrinal content in its own distinct, symbolic substance.

scholarly journals Kinerja Pengadilan dalam Lingkaran Kekuasaan Otoritarian

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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