scholarly journals Denial of the Rohingya Genocide: Problematising Daw Aung San Suu Kyi and the Rule of Law in Postcolonial Myanmar

2020 ◽  
Vol 10 (2) ◽  
pp. 176-198
Author(s):  
Wendell Gleen P Cagape
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Post Colonial ◽  
Legal Reforms ◽  
House Arrest ◽  
Father’S Role ◽  
Political Narratives ◽  
The World ◽  
Special Relations ◽  
Aung San Suu Kyi

As the world condemns the genocide, Myanmar and Daw Aung San Suu Kyi’s government denied it and refused to accept it and argued that it sanctioned under the rule of law. This paper problematises these questions:, What is the rule of law in Myanmar? And why do they deny it? This study is qualitative in which pages of transcripts of speeches perused to find themes, settings, and meanings attributed to problematising Daw Aung San Suu Kyi and the rule of law in post-colonial Myanmar. These speeches delivered in public from 2016-2018. In analysing her speeches, the paper uses Foucauldian Discourse Analysis. On the part of Daw Aung San Suu Kyi, it found that problematising her actions and silence over the Rohingya genocide influenced her late father’s role. She continued to claim that her military father is the father of the Burmese military. She had special relations in incarceration with the army generals during her house arrest. She focused on the democratic transition which she promised in the 2015 election.  This study reveals that this rule of law has purely political narratives because the generals are not accountable. This paper subsumes ongoing legal reforms in Myanmar.

scholarly journals The Preamble of 1945 Constitutions as Post-Colonial Normative Expression and Its Contextuality (A Politics of Law Analysis)

2019 ◽  
Vol 2 ◽  
pp. 00003
Author(s):  
Arasy Pradana A
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Colonial Period ◽  
The Other ◽  
The Rule Of Law ◽  
Post Colonial ◽  
Perpetual Peace ◽  
The World ◽  
First Time ◽  
Real Challenge

The proclamation of Indonesian independence on August 17, 1945, marked Indonesia's transition from being a nation as an imaginary community to being a state as a legal-rational community. For the first time, the Indonesian have the authority to form the rule of law independently, apart from the intervention of the colonial nation. The fierce spirit of anti-colonialism was immediately reflected in various legislative products, including the 1945 Constitution. The opening part of the 1945 Constitution, which is often regarded as the highest source of value in the Indonesian legal system, reflects a thick post-colonial spirit. During the colonial period, the legal system was built on hegemony, by placing indigenous people as The Other in their own homeland. They are labelled as third-class identities, under other national groups. This mentality is then tried to be reversed after independence. The values of independence, perpetual peace, and social justice are presented clearly into the Preamble of the 1945 Constitution. The Preamble of the 1945 Constitution inherited the anti-colonial spirit and immediately became a manifesto of resistance to colonial domination. However, the process of value petrifaction of the Preamble of the 1945 Constitution should not be considered as complete when that text was announced. The real challenge actually happened today, decades after Indonesia's independence. The injustice and hegemony relation that still occurs throughout the world ideally awakens the Indonesian to continue to contextualize anti-colonial values in the Preamble of the 1945 Constitution.

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.

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.

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 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.

4. The Rule of Law

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Rule Of Law ◽  
Antisocial Behaviour ◽  
The Rule Of Law ◽  
Legal Reforms ◽  
History Of ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter explains the meaning and significance of the rule of law, briefly tracing the history of the rule of law and considering the main similarities and differences between various theories of the rule of law. It then assesses the impact of recent legal reforms on the operations of the rule of law in the UK. These reforms include the introduction of antisocial behaviour orders; the extension of detention without trial; and the Constitutional Reform Act 2005, which reinforces the importance of the independence of the judiciary and puts measures in place to attempt to strengthen the separation of the courts from the other arms of the state. Finally, the chapter discusses judicial interpretation of the rule of law through a selection of cases that have examined the legality, irrationality, or procedural impropriety of the actions of the executive or public bodies, and whether their actions conform to the Human Rights Act 1998.

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