Wolność uprawiania kultu religijnego w Polsce w czasie zarazy – analiza przypadku

2021 ◽  
pp. 183-195
Author(s):  
Katarzyna Myszona-Kostrzewa
Keyword(s):  
National Security ◽  
International Law ◽  
Religious Liberty ◽  
Public Order ◽  
Special Situation ◽  
The World ◽  
The Government

This analysis of freedom of religious worship is associated with a special situation in the world and in Poland caused by the SARS-CoV-2 virus. Restrictions introduced by the Government in Poland enter the constitutional sphere of religious liberty. Under international law and the 1997 Constitution of Poland, the freedom of manifestation of religion may be restricted only by statute and only if it is necessary to protect national security, public order, health, morality or the freedom and rights of others.

scholarly journals The Rule of Law and National Security in Nigerian Democracy: A Contemporary Issue under the Aegis of International Law

2021 ◽  
Vol 7 (2) ◽  
pp. 148-168
Author(s):  
Isaac O. C. Igwe
Keyword(s):  
National Security ◽  
International Law ◽  
Rule Of Law ◽  
Freedom Of Speech ◽  
Limiting Factor ◽  
The Rule Of Law ◽  
It Impacts ◽  
Contemporary Issue ◽  
The People ◽  
The Government

Although brutality can repress a society, it never assures the sustainability of that conquest. Tyranny steers the hopeless to despair, edges to rebellion, and could open the door for a new tyrant to rise. Law becomes a limiting factor that must act as a stopgap to the avaricious intentions of a dictator. A democratic leader must incorporate the supremacy of the law and honest officials into his government. He shall also create courts of law, treat the poorest citizens with fairness and build a hall of justice to bring the society to modernity with the operation of the rule of law enshrined in the constitution. Legislation is nothing without enforcement and Law is no law if not accepted and respected by the people. The rule of law cannot be said to be working in a country where the government continues to violate the orders of the court, unlawfully detain its citizens, abuse human rights including arbitrary and extra-judicial executions, unlawful arrests and detentions, embargo on freedom of speech and press, impunity and inhumane torture, degradation of people or exterminations. This treatise will argue on the supremacy of the “Rule of Law” as it impacts Nigerian democracy. Keywords: Rule of Law; Democracy; Judiciary; Supremacy; Government; Tyranny; Nigerian Constitution

Cold War diplomacy

2016 ◽  
Author(s):  
Beverley Hooper
Keyword(s):  
Cold War ◽  
National Security ◽  
The United States ◽  
Arab Countries ◽  
The Us ◽  
The World ◽  
Communist China ◽  
The Government ◽  
The Cold War ◽  
Foreign Ministries

From the early 1970s, the US-China relationship was central to diplomatic reporting, with National Security Advisor Henry Kissinger’s visit to Peking in October 1971, President Nixon’s historic visit in February 1972, and the establishment the following year of small liaison offices in Peking and Washington. Following each of Kissinger’s further visits in 1973 and 1974, senior diplomats virtually queued up at the liaison office to find out what progress, if any, had been made towards the normalization of US-China relations. Peking’s diplomats, like some of their colleagues elsewhere in the world, did not always see eye-to-eye with their foreign ministries. There was little chance of their becoming overly attached to Communist China, as the Japanologists and Arabists were sometimes accused of doing for Japan and Arab countries. At the same time, living and breathing the PRC led some diplomats to regard Chinese Communism as being rather more nuanced—and the government somewhat less belligerent—than the Cold War images portrayed in the West, particularly the United States.

scholarly journals Justifying Limitations on the Freedom of Expression

2020 ◽  
Author(s):  
Gehan Gunatilleke
Keyword(s):  
Public Health ◽  
National Security ◽  
Freedom Of Expression ◽  
The State ◽  
Public Order ◽  
Alternative Approach ◽  
The World ◽  
The Common ◽  
Proportionality Test ◽  
The Individual

Abstract The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices.

Limitations of Fundamental Human Rights and Freedoms in International Law and Novations in the Russian Criminal Legislation

10.12737/1209 ◽  
2013 ◽  
Vol 1 (11) ◽  
pp. 75-84
Author(s):  
Юрий Ромашев ◽  
YUriy Romashyev
Keyword(s):  
Human Rights ◽  
National Security ◽  
International Law ◽  
Criminal Code ◽  
Public Order ◽  
European Court ◽  
State Secret ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
State Secrets

The author analyses new amendments related to state secrets protection: amendments to Article 275 ‘High Treason’, Article 276 ‘Espionage’, Article 283 ‘Disclosure of a State Secret’, and adopted Article 283.1 ‘Illegal Receipt of Information Constituting a State Secret’ of the Criminal Code of the Russian Federation in respect to their conformity with acceptable restrictions of fundamental human rights and freedoms. Special attention is paid to theoretical and action-oriented aspects of restrictions of fundamental human rights and freedoms. The author investigates relevant provisions of international documents, practice of the European Court of Human Rights, doctrines of leading experts in this sphere. The author notes that the criteria for restricting fundamental human rights and freedoms should be established entirely under the law and be indispensable and applicable in a democratic society, be aimed at the protection of national security and public order. The author draws the conclusion on the urgent character and timeliness of introducing the abovementioned novations into the Russian criminal legislation, and their conformity with generally recognized principles and rules of international law.

Detention Without Trial and Constitutional Safeguards in Zimbabwe

1985 ◽  
Vol 29 (1) ◽  
pp. 38-58
Author(s):  
John Hatchard
Keyword(s):  
Developing Countries ◽  
National Security ◽  
Public Order ◽  
Political Rights ◽  
State Of Emergency ◽  
Personal Liberty ◽  
Emergency Powers ◽  
Peace And Security ◽  
Civil And Political Rights ◽  
The Government

There comes a time during the life of almost every nation when situations arise which threaten its peace and security. At such a time the government may need to acquire certain additional powers to help it combat the danger and this is frequently achieved by the declaration of a state of emergency. This enables it to utilise wide-ranging emergency powers and in this situation national security and public order considerations are placed above the constitution. As a result, among the first casualties of an emergency proclamation are the guarantees of personal liberty and protection of the law which are often abrogated or at least severely curtailed.The use of detention without trial during periods of emergency has now become commonplace, particularly in developing countries, a point which is defended by President Nyerere of Tanzania on the grounds that:“Our Union has neither the long tradition of nationhood, nor the strong physical means of national security, which older countries take for granted. While the vast mass of people give full and active support to their country and its government, a handful of individuals can still put our nation in jeopardy, and reduce to ashes the efforts of millions.”The need for a nation to protect itself in this way cannot be denied and this is widely recognised. For example, Article 4 of the International Covenant on Civil and Political Rights (1966) recognises the rights of governments

scholarly journals Maritime Axis And Indonesia’s National Security: Challenge And Hope

2017 ◽  
Vol 7 (3) ◽  
Author(s):  
Safril Hidayat dan Ridwan
Keyword(s):  
National Security ◽  
Successful Implementation ◽  
Validity And Reliability ◽  
Policy Context ◽  
The World ◽  
Security Challenge ◽  
Illegal Activities ◽  
The Government ◽  
The One ◽  
Maritime Infrastructure

<p><strong>Abstract - </strong>The maritime and marine potentials are so great on the one hand, were a blessing on<strong> </strong>Indonesia's geographical condition, but on the other hand, it can lead to conflict. Exploitation and illegal activities on marine resources without considering to sustainability will worsen the welfare of society and oftenly conflicting international relations. As a country that becomes the crossing of foreign ships where four straits of the seven important straits of the world exist in Indonesian waters, Indonesia is a country that is vulnerable from the side of maritime security. Crime in Indonesian waters is still frequent, either by Indonesian citizens themselves or foreign nationals. The Government of Indonesia with the Nawa Cita program has the vision of Indonesia as a maritime axis of the world. Meanwhile, as a policy, the successful implementation of maritime axis policy is largely determined by content of policy and context of implementation. The successful implementation of maritime axis policy will impact the realization of the welfare and security of Indonesian society. This article uses a qualitative approach with data sources and literature related to maritime axis. Validity and reliability of data is done by reference triangulation. The results show that the implementation of maritime shaft policy still requires the readiness of the implementer as the front guard of maritime axis policy along with the development of maritime infrastructure of international standard.</p><p><strong>Key words: </strong>maritime axis, content of policy, context of implementation, national security</p>

scholarly journals "Procedural Guarantees for EU Citizens against Expulsion in the Light of Directive 2004/38/EC"

1970 ◽  
Vol 8 ◽  
Author(s):  
Julia Wojnowska-Radzińska
Keyword(s):  
National Security ◽  
Case Law ◽  
Public Order ◽  
State Security ◽  
Court Of Justice ◽  
Accessible Information ◽  
The Government ◽  
Scope Of Protection ◽  
Legal Procedures ◽  
The Eu

The present paper analyses the scope of protection of EU citizens against expulsion under Directive 2004/38/EC and in the case-law of the Court of Justice of the Eu-ropean Union. According to the provision of this Directive, an EU citizen threatened with expulsion must have access to relevant documents and accessible information on the legal procedures to be followed in his/her case. Even if the government claims that national security interests keep courts from disclosing the evidence to the EU citizen, it is obliged to submit any material or evidence capable of corroborating that the interests of national security or public order are at stake. The CJEU requires that the evidence has to be scrutinised by the adversarial proceedings. In particular, the EU citizen must be informed, in any event, of the essence of the grounds on which an expulsion decision is based, as the necessary protection of State security cannot have the effect of denying the person concerned of his/her right to be heard.

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