Police: A Public Safety Institution of Governance

2021 ◽  
Vol 9 (10) ◽  
pp. 1351-1353
Author(s):  
Sayana Suseela Rao
Keyword(s):  
Rule Of Law ◽  
Welfare Policy ◽  
Legal Framework ◽  
Social Accountability ◽  
Primary Role ◽  
Law And Order ◽  
Strict Adherence ◽  
Personal Liberty ◽  
The People ◽  
Model Law

Abstract: The most and constantly visible institution of governance” police” constitute the embodiment more pervasively than any other unit of administration. In a democratic welfare policy like India, the police, in addition to their primary role of maintenance of law and order, prevention and detection of crime, have to perform the crucial task of reconciliation of authority with human dignity and personal liberty and assure the functions of a social service organization. Police have to operate within the legal framework and in conformity with the Indian constitution. Its activities are constantly scrutinized by the judiciary, legislature, and the people. They have to be courteous, gentle, and friendly with the law-abiding citizens and have to be tough and fearsome to the criminals and law breakers being the executives of law and executers of the rule of law. They should ensure the safety of the lives and properties of the citizens. They should provide relief and succor to the needy and so should develop an attitude ode of respect for the dignity of the citizens, understanding the human rights and strict adherence to the principles will earn goodwill and adulation of the people. The equations between the police and the community have to be built on firm foundations of social accountability and mutual appreciation and support. The mantle of ideal citizen is the most prominent one for the policeman. A law-abiding policeman is the visible symbol of all that is good in society. On his moral and ethical fiber, depends on the quality of life in a democracy. They have to be model law-abiding citizen even when dealing with the hardened criminals. The policeman stands for good citizenship, on emblem of’ Truth’ and ‘Right.’ He is the reality that the most ignorant man can comprehend. Keywords: police, Democratic welfare policy, law and order, legal framework, judiciary, legislature, criminals and law breakers, law abiding citizens, rule of law, executives of law, social accountability, moral ethical fiber.

Crossfire and Violation of Human Rights in Bangladesh

2021 ◽  
pp. 1481-1496
Author(s):  
Md. Awal Hossain Mollah
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal Framework ◽  
The State ◽  
Law And Order ◽  
Security Forces ◽  
The Law ◽  
Protection Of Life

The aim of this paper is to examine the state of violation of human rights by crossfire through law enforcing agencies in Bangladesh. Though the law enforcing agencies are primarily responsible for maintaining the law and order, protection of life and property of the citizens and prevention and detection of crime to establish rule of law in a society, however, the violation of human rights by the law enforcing agencies in Bangladesh has increased severely for the last few years. This paper critically examines the existing legal framework of governing the law enforcing agency, causes of violation of human rights and finally pinpoint some recommendations for the eradication of the pitfalls of security forces.

Determinanty wewnętrzne polityki zagranicznej Ukrainy pod rządami Wołodymyra Zełenskiego

2019 ◽  
Vol 17 (1) ◽  
pp. 123-141
Author(s):  
Tomasz Stępniewski
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Political System ◽  
Free Market ◽  
Stable State ◽  
Free Market Economy ◽  
The Rule Of Law ◽  
The People ◽  
Internal Politics ◽  
Research Questions

The present paper discusses the following research questions: to what extent did errors made by the previous presidents of Ukraine result in the country’s failure to introduce systemic reforms (e.g. combating corruption, the development of a foundation for a stable state under the rule of law and free-market economy)?; can it be ventured that the lack of radical reforms along with errors in the internal politics of Ukraine under Petro Poroshenko resulted in the president’s failure?; will the strong vote of confidence given to Volodymyr Zelensky and the Servant of the People party exact systemic reforms in Ukraine?; or will Volodymyr Zelensky merely become an element of the oligarchic political system in Ukraine?

Outlawing Opposition, Imposing Rule of Law: Authoritarian Constitutionalism in Cambodia

2021 ◽  
pp. 1-25
Author(s):  
Benjamin LAWRENCE
Keyword(s):  
Rule Of Law ◽  
Meaning Making ◽  
Law And Order ◽  
Normative Power ◽  
Legal Reforms ◽  
Political Processes ◽  
Opposition Party ◽  
Empirical Fact

Abstract Cambodia's Constitution, promulgated in September 1993, was to be the foundation of a transition to liberal, multiparty democracy. Yet, despite the document's seeming commitment to those very principles, constitutional provisions are frequently used to undermine liberal rule of law and to impose restrictions on political processes, freedoms, and rights. Focusing on the events of 2016–2017, including the jailing of opposition politicians, controversial legal reforms, and the dissolution of the country's foremost opposition party, this article demonstrates how authoritarian practices in Cambodia are framed in terms of adherence – even fidelity – to the Constitution. Further, it explores how ideas of ‘stability’ and ‘law and order’ often elide with those of rule of law in discourses and practices that simultaneously exalt and hollow out the normative power of the Constitution. This article posits that a socio-legal approach that pays particular attention to discourse can shed new light on the empirical fact of authoritarian constitutionalism, but also the processes of meaning-making that accompany, facilitate, and legitimize its practice. Far from merely a sham, then, Cambodia's Constitution – like many others – is imbricated in a complex web of contestation and legitimation that extends far beyond the walls of any courtroom.

scholarly journals European prosecution between cooperation and integration: The European Public Prosecutor’s Office and the rule of law

2021 ◽  
pp. 1023263X2110059
Author(s):  
Valsamis Mitsilegas
Keyword(s):  
Rule Of Law ◽  
Judicial Review ◽  
Legal Framework ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Applicable Law ◽  
European Public ◽  
Judicial Protection ◽  
Current Rule ◽  
Academic Debate

The article will examine the challenges that the establishment of the European Public Prosecutor’s Office poses for the rule of law – a question which has been underexplored in the policy and academic debate on the establishment of the EPPO, which focused largely on questions of structure and powers of the EPPO and the battle between intergovernmental and supranational visions of European prosecution. The implications of the finally adopted legal framework on the EPPO on the rule of law will be analysed primarily from the perspective of the rule of law as related to EPPO investigations and prosecutions and their consequences for affected individuals – in terms of legal certainty and foreseeability, protection from executive arbitrariness, effective judicial protection and defence rights. The article will undertake a rule of law audit of the EPPO by focusing on three key elements of its legal architecture – the competence of the EPPO, applicable law and judicial review – and the interaction between EU and national levels of investigation and prosecution that the EPPO Regulation envisages. The analysis will aim to cast light on the current rule of law deficit in a hybrid system of European prosecution located somewhere between co-operation and integration.

The Сoncept of Сyber Sovereignty of the People’s Republic of China: Development History and Essence

2021 ◽  
Vol 23 (2) ◽  
pp. 254-264
Author(s):  
Ekaterina A. Mikhalevich
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Qualitative Content Analysis ◽  
Legal Framework ◽  
The Internet ◽  
National Interests ◽  
Republic Of China ◽  
Development History ◽  
Common Destiny ◽  
China Development

The transformation of cyber sovereignty into an independent concept is a recent phenomenon, and thus its development and distribution is currently underway, which indicates the relevance of studying this topic. Being one of the most influential actors of contemporary international politics, China uses the concept of cyber sovereignty to promote its national interests and is able to shape the rules in the highly volatile field of international cyberspace. The study is based on quantitative and qualitative content analysis of legal acts and concept of Chinas cyber sovereignty. The author defines a concept of cyber sovereignty and identifies its place in the system of international law and in the architecture of international information security. Chinas concept of cyber sovereignty does not imply the division of a common cyberspace into separate segments but contributes to the creation of a cyber community of a common destiny, in which states can exercise their rights to govern the Internet on the principles of equality, justice, cooperation, peace and rule of law. It is concluded that this concept can be used as the basis for the formation of an international legal framework that regulates relations between states in the field of cyberspace.

Law According to the Chinese Communist Party: Constitutionalism and Socialist Rule of Law

Modern China ◽  
2017 ◽  
Vol 43 (3) ◽  
pp. 322-352 ◽  
Author(s):  
Ding Xiaodong
Keyword(s):  
Communist Party ◽  
Rule Of Law ◽  
Chinese Communist Party ◽  
Dominant Role ◽  
Political Concept ◽  
The People ◽  
State Regime ◽  
The Chinese Communist Party ◽  
Socialist Rule Of Law ◽  
Party State

This article argues that the Chinese Communist Party has adopted a unique understanding of law. Unlike the liberal view and the unwritten constitution view, which generally consider law as positive norms that exist independently of politics, the party understands law as a reflection of the party’s and the people’s will and a form of the party’s and the people’s self-discipline. In the party’s view, liberal rule of law theories are self-contradictory, illusive, and meaningless. This article argues that the party views the people as a political concept and itself as a political leading party, marking a fundamental difference from a competitive party in a parliamentary system. The legitimacy of the party’s dominant role and the party-state regime, therefore, depends on whether the party can continue to provide political momentum to lead the people and represent them in the future.

scholarly journals Status of Mental Toughness of the Citizens of Ahmedabad

2017 ◽  
Vol 5 (1) ◽  
Author(s):  
Rajul Mallik
Keyword(s):  
Mental Toughness ◽  
Law And Order ◽  
Lower Side ◽  
Government Employees ◽  
The People ◽  
Bank Employees ◽  
High Level ◽  
Difficult Situations ◽  
Score Range ◽  
Better Than

A survey was conducted to find out the level of mental toughness of the people of Ahmedabad city in view of rising suicide rates and cases of depression. Mental toughness is frequently used to refer to any set of positive attributes that helps a person to cope with difficult situations. It is a psychological edge that allows a person to cope better than the competition with the demands that are placed on her/him. A sample size of 990, all above the age of 18 years and belonging to various walks of society, was drawn. Data was collected using a questionnaire containing 18 items related to mental toughness. The survey result showed that mental toughness of the citizens of Ahmedabad city falls in the range of average. However, those who are in the police show the higher side of average mental toughness level. Their mean score was 64.11. The cops who often have to take tough decisions in the call of duty to enforce law and order are closely followed by teachers with a mean score of 63.73 and sports persons with a mean score of 63.22. Doctors who often have to take dispassionate decisions while treating their patients are close on their heels with a mean score of 63.00. Lawyers (61.95), government employees (61.29), college students (61.16) and bank employees (61.13) are the next in mental toughness. The survey also covered home-makers. They were found on the lower side of average range of score with a mean score of 60.54. Notably, the score range of 70-90 shows high level of mental toughness, 58-69 average mental toughness and 18-57 low mental toughness.

scholarly journals Right to be a Surrogate: Biological, Constitutional and Economic Perspectives

2020 ◽  
Vol 8 (1) ◽  
pp. 78-90
Author(s):  
Meghna Borah ◽  
Arup Kumar Hazarika ◽  
Unmilan Kalita
Keyword(s):  
Legal Framework ◽  
Controversial Issues ◽  
Economic Perspective ◽  
Eligibility Criteria ◽  
Personal Liberty ◽  
Commercial Surrogacy ◽  
Universal Human Rights ◽  
Reproductive Techniques ◽  
Economic Perspectives ◽  
The Right

For the survival of all forms of life, procreation is essential. However, natural procreation is not always scientifically possible. As such, the practice of surrogacy and the use of Assisted Reproductive Techniques have become more widely recognised and accepted in societies all over the world. However, various complex and controversial issues are bounded in such practices. The Surrogacy (Regulation) Bill, 2019 introduced by Government of India makes an attempt to eradicate some of those issues associated with surrogacy. Nevertheless, the legislation seems to be in derogation to the Constitution of India and universal human rights. This study is designed to substantiate in detail the right to be a surrogate in light of the constitutional mandate along with an evaluation of the eligibility criteria to be a surrogate and its consequences with regard to the existing legal framework. Besides, the economic perspective of exploitation of surrogates via banning of commercial surrogacy has been briefly discussed. The discussion under this study is expected to put forward an essential perspective to the right to be a surrogate in relation to a woman’s right to life and personal liberty. Further, prohibiting commercial surrogacy may push practicing surrogates towards other economically unrewarding, poorly regulated and potentially hazardous forms of employment or even make them subject to human trafficking. Therefore, recognition of the right to be a surrogate vis-à-vis the Surrogacy (Regulation) Bill, 2019, would help in avoiding blatant miscarriage of universal justice while upholding the supremacy of the Constitution of India.

scholarly journals Correlation of Law and Order in Society

2020 ◽  
Vol 37 (64) ◽  
pp. 53-61
Author(s):  
Gabdrakhman H. Valiev ◽  
Sergey V. Kondratyuk ◽  
Natalia A. Prodanova ◽  
Irina A. Babalikova ◽  
Kermen I. Makaeva ◽  
...  
Keyword(s):  
Rule Of Law ◽  
Justice System ◽  
Modern Society ◽  
Legal Regulation ◽  
Law And Order ◽  
The Rule Of Law ◽  
Human Rights Organizations ◽  
Relationship Of ◽  
The Relationship ◽  
Concrete Reality

The problem of the relationship of law and order is relevant to any modern society. The article tries to analyze this relationship, taking into account judicial, police and other activities. The named concepts are closely interconnected, but are not identical. They are correlated as cause and effect: there is a rule of law, there is no rule of law. One suggests the other. The rule of law as concrete reality logically precedes the rule of law as a doctrine, the connection here is hard, causal. The process is one. Law and order: a real indicator of the state of legality, reflects the degree of compliance with the laws, the requirements of all legal regulations. It is concluded that the rule of law is the end result of the implementation of legal requirements and, at the same time, the objective of legal regulation, since it is for the formation and maintenance of the rule of law that laws are issued, thus like other regulatory legal acts, various institutions and bodies and, above all, the justice system, the control system, various human rights organizations and social movements.

Sign in / Sign up

Export Citation Format

Share Document