What Went Wrong and Why – An Essay on Post-Hussein Iraq

Public Voices ◽  
2016 ◽  
Vol 8 (2) ◽  
pp. 35
Author(s):  
Michael Popejoy
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Church And State ◽  
Lessons Learned ◽  
Constitutional Rule ◽  
American Experience ◽  
Form Of Government

Analyzing the lessons learned in Iraq, the author of this article explores whether the American experience embracing our fundamental beliefs on human rights and other related ideologies, including separation of church and state, freedom of individuals to choose their leaders and their form of government through a democratic forum, authority of a constitutional rule of law, and a concept of impartial justice, is an exportable commodity.

Os crimes contra os direitos humanos praticados na ditadura militar brasileira: Justiça de transição e persecução penal

2020 ◽  
Author(s):  
Marcos José Pinto
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Criminal Prosecution ◽  
Military Dictatorship ◽  
Criminal Offenders ◽  
State Agents ◽  
Democratic Rule

This book aims to analyze the crimes against human rights that offended the Democratic Rule of Law in Brazil, committed by state agents in the Brazilian military dictatorship (1964/1985), asserting that they remained unpunished. In view of this, to address this issue, it is proposed that criminal offenders be held liable. The issue of our slow Transitional Justice will also be examined, arguing for the criminal prosecution of state agents who violated human rights in Brazil, demonstrating how and how this can occur, all in order to move away from impunity, hitherto guaranteed by the Brazilian Amnesty Law, ensuring the effectiveness of justice and the strengthening of democracy.

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

Making Hong Kong China: the rollback of human rights and the rule of law

2021 ◽  
Vol 97 (2) ◽  
pp. 591-592
Author(s):  
Sreeram Chaulia
Keyword(s):  
Human Rights ◽  
Hong Kong ◽  
Rule Of Law ◽  
The Rule Of Law

Youth and the COVID-19 crisis: Lessons learned from a human rights-based prevention programme for youths in São Paulo, Brazil

2021 ◽  
pp. 1-14
Author(s):  
Vera Paiva ◽  
Marcos R. V. Garcia ◽  
Ivan França-Jr ◽  
Cristiane Gonçalves da Silva ◽  
L. G. Galeão-Silva ◽  
...  
Keyword(s):  
Human Rights ◽  
Sao Paulo ◽  
Lessons Learned ◽  
Prevention Programme ◽  
São Paulo
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