scholarly journals Federal Democratic Republic of Nepal: An Assessment of the Rule of Law

2021 ◽  
Vol 21 ◽  
pp. 1-8
Author(s):  
Than Bahadur Chhetri
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
Democratic Republic ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
State Institutions ◽  
Independent Judiciary ◽  
The Government ◽  
High Level ◽  
Online Sources

The Rule of law, a set of principles of governance, apply to all individuals, organizations and the government itself. Democracy is a political system governed by the rule of law. No rule of law means no democratic future. This paper aims to assess the state of the rule of law under the new political setup, taking the rule of law as dependent variable and fundamental rights, corruption, open parliament and independent judiciary as independent variables. To measure the rule of law, necessary information was collected from printed and online sources. A federal democratic republic can grow healthy only when there exists the rule of law and efficient state institutions. The fundamental problems in strengthening the rule of law obstructed by the tendency of personalization and frequent intervention in state institutions, high level of corruption at policy level, poor legislative bill formulation, the controversial appointing process of the judges and the political dominations. The acceptance of international norms to address the justice and to promote human rights, adhering to the principle of inclusion and equality, maintaining transparency rule in the appointment in various constitutional bodies and keeping out of executive influence to maintain impartial and independent institutions can help in strengthening the rule of law. 

scholarly journals Powers and Limits of State during COVID-19 Pandemic: a Critical Appraisal

Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 663
Author(s):  
Iwan Satriawan ◽  
Devi Seviyana
Keyword(s):  
Rule Of Law ◽  
House Of Representatives ◽  
Critical Appraisal ◽  
Balance Of Power ◽  
The State ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Power Limits ◽  
The Government

The research aims to analyze the power and limit of the state and whether Indonesia has properly adopted the concept of powers and limits during state emergency of COVID-19 pandemic. The method of the research was normative legal research which used statute and case approach were employed for data analysis. The result shows that a state may apply some types of power in an emergency condition. However, in using its powers, the government must consider principle of limits in a state of emergency. In fact, Indonesia does not properly adopt the balance of power and limit in the state of emergency during COVID-19 pandemic. It is true that the government may take actions to respond to the COVID-19 pandemic. However, the State cannot exceed the limitations of using powers in accordance with state emergency principle. There was a tendency to exceed the limits by the State during the pandemic. The State has violated some state of emergency principles during COVID-19 pandemic such as temporary, the rule of law, necessity, proportionally, intangibility, constitutionalism, harmony, and supervision. The research recommends that the Government and the House of Representatives (the DPR) in the future should obey the state of emergency principles, particularly in terms of state power limits to respect constitutional principles and rule of law. In addition, individuals, groups of people, or organizations may submit judicial review of laws or regulations that violate the state of emergency principles in handling pandemic in the light of protecting the fundamental rights of citizens.

The Rule of Law and Good Governance

2019 ◽  
pp. 75-90
Author(s):  
Henk Addink
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Common Law ◽  
The State ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
Judicial Control ◽  
The Common ◽  
The Government ◽  
Continental Tradition

The concept of the rule of law has different—common law and continental—historical roots and traditional perspectives. The common law tradition is more focused on limiting the powers of the state, whereas the continental tradition focuses on not just to limit but also to empower the government. But both systems have a focus on the rule of law. The rule of law in the classical liberal tradition is based on four elements: legality, division and balance of powers, independent judicial control, and protection of fundamental rights. The differences between rule of law and rechtsstaat are: different concepts of the state, mixed legal systems and different approaches of a constitution, and different perspectives on human rights. There are two levels of development: a model in which law is a way of structuring and restricting the power of the state, the second level is more subjective and has important individual positions. The concept of good governance related to these developments makes clear the need to broaden the concept of the rule of law.

scholarly journals Rule of Law and Constitutionalism in Nigerian Democracy: A Critical Relativism Discuss in the Context of International Law

2021 ◽  
Vol 7 (3) ◽  
pp. 317-334
Author(s):  
Isaac O. C. Igwe
Keyword(s):  
Middle Ages ◽  
Rule Of Law ◽  
Due Process ◽  
Good Governance ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
General Terms ◽  
The Law ◽  
The Government ◽  
Judicial Procedures

The synthesis of rule of law enthrones democracy, justice and goes with such characteristics as liberty, freedom, and the restoration of the dignity of man. The rule of law is predicated upon absolute autonomy being accorded to the judicial arms of the government of any society, state, or country. Thus, the application and interpretation of the law must be under the control of impartial courts adjudicating within the ambit of fair judicial procedures. The dialectics of power and the guiding principles of governance are anchored in the constitution which enshrines the provisions of enforceable laws. The law is the cardinal power of a nation, a direction for due process, and a guiding principle for good governance. The age of enlightenment and the middle ages have a special place for the rule of law as opposed to tyranny otherwise, life could have been chaos. The role of law cannot be left in isolation of democracy as both are interlaced as core universal principles of the civilised world. This paper will explore the rule of law as a paramount factor in constitutionalism, idealism, and realistic principles of the law of any given society. The treatise will in general terms discuss the principles of rule of law and articulate it with the hitherto Nigerian democracy. It will conclude with the argument that complete independence of the judiciary in Nigeria is paramount to ensure proper implementation of rule of law for a better Nigeria. Keywords: Rule of Law; Constitutionalism; Independent Judiciary; Tyranny; Nigerian Democracy. Rule of Law;

scholarly journals The Factors of Constitutional Support for the Rule of Law in the System of Public Authorities

2022 ◽  
Vol 18 ◽  
pp. 182-190
Author(s):  
Mykola M. Stadnyk ◽  
Serhii B. Chekhovych ◽  
Hanna S. Yermakova ◽  
Valeriy V. Kolyukh ◽  
Ilkin S. Nurullaiev
Keyword(s):  
Rule Of Law ◽  
Graphical Model ◽  
Fundamental Rights ◽  
Public Authorities ◽  
Middle Income ◽  
The Rule Of Law ◽  
Middle Income Countries ◽  
Graphical Comparison ◽  
High Level ◽  
The Impact

The article examines the factors that ensure the constitutional provision of the rule of law in the system of public authorities. The aim of this study was to analyse the factors that ensure the constitutional provision of the rule of law in the system of public authorities. The constitutional design provides for the creation of rational structures for the functioning of public authorities, which should ensure democratic standards, economic development, anti-corruption policy by implementing the principles of the rule of law. The study used data on indicators that describe the state of the rule of law (Rule of Law Index), democracy (Democracy Index) and corruption (Corruption Perceptions Index). Methods of graphical comparison, scattering diagrams, classification of countries by categories were used. A graphical model of the dependence of the rule of law on the development of democracy and perceptions of corruption for 25 European countries is built on the basis of these factors. It is proved that the studied indicators are dependent: countries with a high Rule of Law Index (high level of restrictions on the powers of government institutions, protection of fundamental rights, law enforcement, security) have a high Corruption Perceptions Index (high level of anti-corruption) and Democracy Index. It is concluded that it is necessary to develop the constitutional provision of the rule of law by strengthening democratic values, improving economic growth and competitiveness, increasing control over corruption. Further research should analyse the impact of rule of law factors in low- and middle-income countries.

scholarly journals INTERNATIONAL LEGAL TERMS THE INDEPENDENCE OF THE JUDICIARY AND TRANSITOLOGICAL FEATURES OF CONSTITUTIONAL DEVELOPMENT IN THIS AREA

2017 ◽  
pp. 0-0
Author(s):  
Гагик Арутюнян ◽  
Gagik Arutyunyan
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
Constitutional Reform ◽  
International Standards ◽  
Constitutional Development ◽  
The Rule Of Law ◽  
Existing Problems ◽  
Independent Judiciary ◽  
Venice Commission ◽  
Judicial Procedure

In the context of the activities of the European Commission for Democracy through Law (Venice Commission) the article presents a brief analysis of the constitutional provisions enshrining the guarantee of the independence of the judiciary, their compliance with the international standards in this field. Also the author has made a comparative analysis of the rule of law index, in the result, he has concluded that the countries of Eastern Europe in average the conditions and independence of the judiciary are unsatisfactory. Using the amendments to the Constitution of Armenia in 2015, the author provides examples of new constitutional solutions to overcome the current situation and existing problems in the process of formation and functioning of an independent judiciary. During the constitutional reform of 2015 were reformulated the fundamental rights to address complains to the international bodies. The rules on election and appointment of judges were changed, for example the delay of the exercise of the office of president of courts was modified. The High Judges Council was established having as its main purpose the protection of judges’ independence. Some changes were introduced to the judicial procedure having as a main goal its democratization.

scholarly journals PERLINDUNGAN HUKUM BAGI KORBAN SERANGAN RANSOMWARE

2021 ◽  
Vol 16 (2) ◽  
pp. 126
Author(s):  
Desyanti Suka Asih K.Tus
Keyword(s):  
Rule Of Law ◽  
Data Security ◽  
Legal Protection ◽  
Criminal Code ◽  
Online Data ◽  
The Rule Of Law ◽  
Criminal Sanctions ◽  
Cyber Space ◽  
The Government ◽  
High Level

<p><em>Data is an important part of the need in today's Information Technology era. The data of every human individual in the world has a high level of sensitivity for anyone. Data that is currently developing both offline and online data, requires a certain level of security in its access. Good data security techniques are needed in ensuring the confidentiality of a data including from attacks of several types of malware viruses and ransomware.</em></p><p><em>Types of malware viruses and ransomware work with the concept of damaging, stealing and locking data with various purposes, one of which is to make a profit. Ransomware works by locking certain files that are targeted and encrypted so that the data is inaccessible. In the end, if you want to access the stored data, users are required to contact the contact of the creator of the ransoware by paying a certain amount of money in decrypting the locked data. Ransomware can be categorized as cyber extortion.</em> <em>Article 27 paragraph 4 of the ITE Law provides arrangements on the dissemination of information that has extortion content whose provisions are regulated in the Criminal Code. Ransomware meets the elements of the criminal act of extortion as stipulated in the provisions of Article 368 paragraph (1) of the Criminal Code. The perpetrator commits extortion coupled with acidification by closing the victim's access to his data. The government has made legal protection efforts for victims of ransomware among others through the arrangements contained in Article 27 Paragraph (4) of the ITE Law.</em> <em>As well as the application of criminal sanctions of confinement and fines for perpetrators of ransomware crimes. Protection of cyber space users can also be done by individuals (individuals) by building regulations in cyberspace and being vigilant in using the internet. In an effort to provide legal protection for ransomware victims, cooperation is needed between the government as a lawmaker and users (victims of ransomware) cyber space. More advanced and unconventional regulations are critical in dealing with cybercrime. Because all forms of cybercrime cannot be touched by the rule of law.</em></p><p><em> </em></p><p><strong><em>Keywords</em></strong><em>: Legal Protection, Victims, Ransomware</em></p>

scholarly journals The Joint Ministerial Decree (SKB) of Islamic Defenders Front (FPI): Quo Vadis The Rule of Law and Human Rights?

2021 ◽  
Vol 3 (2) ◽  
pp. 98-117
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Research Result ◽  
Fundamental Rights ◽  
Freedom Of Association ◽  
The Rule Of Law ◽  
Quo Vadis ◽  
The Government ◽  
The Right ◽  
Ministerial Decree

The freedom of association is one of the fundamental rights of a country.  However, in Indonesia, the problems regarding of the legitimacy and recognition of the right to freedom of association have become stronger after the issuance of a The Joint Ministerial Decree (SKB) regarding the dissolution of the Islamic Defenders Front (FPI). This research is a legal research. This research uses statutory and conceptual approaches by using primary and secondary legal materials. The two legal materials are inventoried in order to obtain a prescriptive legal analysis; as well as providing a holistic conceptual study of the legal issues discussed. The research result states that the dissolution of FPI by the government is an act that violates human rights, particularly the right to freedom of association. The government uses the doctrine of the militant democracy to dissolve FPI. Then, the dissolution of FPI by SKB contradicts by the principle of the rule of law. Therefore, the dissolution of FPI was not carried out through to the court. Therefore, it is necessary to follow up on the action against 'radical mass organizations' in the form of presidential regulations or government regulations as a derivative renewal of the regulations concerning mass organizations.

Conclusion

2021 ◽  
pp. 436-452
Author(s):  
Julia Hörnle
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
Self Regulation ◽  
Fundamental Rights ◽  
Legal Systems ◽  
The Rule Of Law ◽  
International Coordination ◽  
Game Changer

Chapter 13 gathers the insights from the whole book and investigates the parallels between the Jurisdictional Challenge in different areas of law. It argues that the connection between law and territory cannot be easily overcome, as law, technology, and the geo-political system all are independent from each other and changes in technology and law do not necessarily effect changes in the geo-political system. It demonstrates that states essentially cling to their sovereignty and changes in jurisdictional rules only go so far in overcoming the Jurisdictional Challenge. The chapter argues that both rule-level and systemic changes must be sought. It analyses the targeting principle as a possible game changer. As to systemic changes, it discusses first and foremost, international coordination, geo-location, and self-regulation. The chapter finally argues that the greatest challenge is to move towards more pluralistic legal systems without sacrificing the rule of law and fundamental rights.

Ways to promote a culture of citizenship in post-political Iraq

2019 ◽  
pp. 60
Author(s):  
Ahmed Sddam Idam
Keyword(s):  
Rule Of Law ◽  
Political System ◽  
The Political ◽  
Political Systems ◽  
Prominent Feature ◽  
Economic Rights ◽  
The Rule Of Law ◽  
The Common ◽  
Legal Frameworks ◽  
High Level

The promotion of a culture of citizenship - which reveals one of its meanings as embracing the members of society irrespective of religion, sect, ideology or nationalism - and embraces them in one common crucible - is one of the basic tasks of societies and political systems. Because their availability in any country indicates the extent and high level of social integration among its components, in the sense that the value of citizenship is the standard and the prominent feature that distinguishes this country from that. Societies that are divided and socially divided do not have the spirit of recognition of the other and hence lack of citizenship. The political system, which does not seek to assimilate the various groups and organize them in political and legal frameworks based on the rule of law and full political participation under the state of institutions and the recognition of civil, political and economic rights, Is also working to weaken the culture of citizenship. When talking about citizenship in the Iraqi situation, we find that it has been cracked by several reasons, some of them due to the policies of marginalization and marginalization adopted by the former political system towards society and thus created a culture of subjugation is unable to accommodate the colors of the community spectrum within the framework of the common homeland, The events of 9/4/2003 and the accompanying challenges have been obstacles to enhancing the culture of citizenship in post-political Iraq.

Ethics in the Judiciary System of Bangladesh

1970 ◽  
Vol 1 (2) ◽  
pp. 34-36
Author(s):  
Mehedi Imam
Keyword(s):  
Rule Of Law ◽  
Judicial Independence ◽  
Moral Values ◽  
The Other ◽  
Considerable Time ◽  
Ethical Knowledge ◽  
Judicial Practice ◽  
Independent Judiciary ◽  
Role Players ◽  
High Level

In Bangladesh, demand for judicial independence in practice has been a much debated issue and the demand is fulfilled but expectation of people is not only limited to have an independent judiciary but to have an impartial system and cadre of people, which will administer justice rationally being free from fear or force. The independence of judiciary and the impartial judicial practice are related concepts, one cannot sustain without the other and here existence as well as the need of practicing impartiality is well recognized. But the art of practicing impartiality does not develop overnight as it’s related to development of one’s attitude. It takes a considerable time resulting from understanding, appreciating and acknowledging the moral values, ethics and professional responsibility. The judiciary includes Judges, Advocates mostly who are expected to demonstrate a high level of moral values and impartiality towards people seeking justice and ‘rule of law’. This is true that bench officers and clerks are also part of the process to ensure rule of law with same level of participation by the law enforcing agencies such as police. However the paper includes only those who either join judiciary as Judge/Magistrate or Advocate to explore level and extent of ethical knowledge they receive being key role players of the system. DOI: http://dx.doi.org/10.3329/bioethics.v1i2.9628 Bangladesh Journal of Bioethics 2010; 1(2): 34-36

Sign in / Sign up

Export Citation Format

Share Document