scholarly journals The Nexus between Fundamental Rights and Necessities of Life: A Case Study of Pakistan

2021 ◽  
Vol VI (I) ◽  
pp. 9-16
Author(s):  
Naseem Razi ◽  
Rashida Zahoor ◽  
Ghulam Abbas
Keyword(s):  
Fundamental Rights ◽  
Clean Water ◽  
Constitutional Rights ◽  
The People ◽  
The Right

The Constitution of Pakistan 1973 protects its citizens by guaranteeing some fundamental rights. It is, however, a matter of great concern that these rights do not cover the "right to access the necessities of life like access to clean water, food, clothing, shelter, and medicine etc". It, thus, leads imperfection of the constitutional rights. Therefore, this study aims to highlight this gap by evaluating the constitutional fundamental rights in the light of the necessities of life. This study concludes that lack of access to the necessities of life has made the people least concern towards the national issues and development of the country. Hence, this paper recommends filling up this gap and to incorporate the "right to access to the necessities of life" in the Constitution 1973.

scholarly journals The Legitimacy of Presidential Threshold Towards Indonesian Citizens’ Democracy and Constitutional Rights

2021 ◽  
Vol 2 (2) ◽  
pp. 125-132
Author(s):  
Imam Pratama Rifky
Keyword(s):  
Political Parties ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Presidential Candidates ◽  
Normative Approach ◽  
The People ◽  
History Of ◽  
Democratic Rights ◽  
History Of Law ◽  
The Right

A presidential threshold or a threshold for presidential candidacy dramatically hinders a person's democratic rights. This is because a person can rightfully nominate and elect themselves through a political party, which must be limited due to this system. The Presidential Threshold could eliminate the fundamental rights of the people in the constitution, where every citizen has the right to be elected and to vote. This statement is stated in Article 28(D) paragraph 3 of the 1945 Constitution, later revealed to be Law No.39 of 1999. With the existence of this presidential threshold, it is feared that it could injure the law's mandate. The research aims to determine whether the presidential threshold injured democracy and the mandate of the 1945 constitution. This research uses a normative approach. The research will focus on the principles, comparisons and history of law. The presidential threshold will close the space for political parties to carry the best presidential and vice-presidential candidates for the community. This automatically kills democracy, political parties' constitutional rights, and the people's right to choose the best and quality, leaders.

From Property Rights to Liberty Rights: We the Corporations, A Review Essay

2021 ◽  
Vol 95 (2) ◽  
pp. 335-340
Author(s):  
Laura Phillips Sawyer
Keyword(s):  
Civil Rights ◽  
Civil Liberties ◽  
Political Process ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
State Action ◽  
Unequal Treatment ◽  
The People ◽  
The Right ◽  
We The People

A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live one's life fully, such as the freedom of religion, speech, or association. The vim in Winkler's argument is that the court blurred this distinction when it applied liberty rights to nonprofit corporations and then, through a series of twentieth-century rulings, corporations were able to advance greater claims to liberty rights. Ultimately, those liberty rights have been employed to strike down significant bipartisan regulations, such as campaign finance laws, which were intended to advance democratic participation in the political process. At its core, this book asks, to what extent do “we the people” rule corporations and to what extent do they rule us?

The Relation between the Charter's Fundamental Rights and the Unwritten General Principles of EU Law: Good Administration as the Test Case

2013 ◽  
Vol 9 (1) ◽  
pp. 73-101 ◽  
Author(s):  
Herwig C.H. Hofmann ◽  
C. Mihaescu
Keyword(s):  
Legal System ◽  
Fundamental Rights ◽  
Test Case ◽  
Eu Law ◽  
Multiple Sources ◽  
Charter Of Fundamental Rights ◽  
Right To Good Administration ◽  
The Right ◽  
The Eu

Charter of Fundamental Rights of the EU – Multiple sources of fundamental rights in the EU legal system – Non-hierarchical, pluralistic understanding of their interrelationship – Case study: the right to good administration – Difficulties in defining the scope of the right to good administration under the Charter and that of the right to good administration as a general principle of EU law – Adoption of a pluralistic understanding of the EU fundamental rights’ sources allows for a clarification and improved understanding of the individual's rights in the EU legal system

scholarly journals Peffer v. Stephens

2020 ◽  
Vol 7 (3) ◽  
pp. 647-678
Author(s):  
Shane Landers
Keyword(s):  
Civil Liberties ◽  
Fourth Amendment ◽  
The United States ◽  
Constitutional Rights ◽  
Technological Advancement ◽  
Court Of Appeals ◽  
The People ◽  
The Law ◽  
The Right ◽  
Constitutional Republic

The Fourth Amendment provides for the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. Search warrants may only be issued upon a finding of probable cause. This core tenet of our constitutional republic becomes progressively flexible with every development in Fourth Amendment interpretation. In Peffer v. Stephens, the United States Court of Appeals for the Sixth Circuit delivered the latest blow to constitutional rights that restrict the State from engaging in unprincipled searches. In an issue of first impression, the Sixth Circuit held that a criminal defendant’s alleged use of a computer during the commission of a crime was adequate probable cause to justify a search of the defendant’s home and a seizure of the technological equipment inside. Such a shortsighted justification fails to consider technological innovation, economic policy, and historical civil liberties. Peffer v. Stephens is the latest proof of the parasitic relationship between the law and technological advancement. As technology evolves, the law struggles to keep pace and resultingly impedes economic development. With the exponential growth of technology in the 21st century, a visionary approach to search and seizure law is necessary to promote economic innovation and to refrain from further dismantling Fourth Amendment protections.

scholarly journals THE RIGHT TO HUMAN DIGNITY IN THE SYSTEM OF CONSTITUTIONAL RIGHTS OF UKRAINE AND GERMANY

2020 ◽  
pp. 27-32
Author(s):  
O. Kosilova
Keyword(s):  
Human Dignity ◽  
Human Life ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Eral Republic ◽  
Human Right ◽  
Fundamental Value ◽  
The Right

The article analyzes human dignity as a legal category and fundamental natural human right. The place and role of the right to human dignity in the system of constitutional rights of Ukraine and Germany are compared. The scientific substantiation of the right to human dignity in Ukraine and Germany, its normative protection in both countries, is investigated. The approaches to defining and interpreting the right to human dignity in the practice of the Constitutional Court of Ukraine and the Federal Constitutional Court of Germany are compared. The relationship between the right to human dignity and other human rights is determined, as well as the sphere of protection of this right. In particular, there are parallels between the right to life and the right to human dignity, and their relationship is determined. It is substantiated that the human life and dignity of each person enjoy the same constitutional protection regardless of the duration of the individual's physical existence. It is established that among Ukrainian scholars there is no unified view of the right to dignity as a fundamental natural right. The right to human dignity in Ukraine is enshrined in the norms of constitutional, civil and criminal law. For the most part, the protection of the right to human dignity is correlated with the right to the protection of honour and goodwill. The right to human dignity and honour are not clearly distinguished. The legisla- tion of Ukraine does not contain a legal norm defining the concept of the right to human dignity. The case-law of the Constitutional Court of Ukraine in this area is not sufficiently developed and does not constitute a proper legal framework. In Germany, the right to human dignity is a decisive and fundamental human right that is fundamental to all other rights. Human dignity is the supreme fundamental value and the root of all fundamental rights. The right to human dignity enshrined in Article 1 of the Constitution of the Fed- eral Republic of Germany defines it as an absolute value, which means that it cannot be restricted by any other norm, even by another fundamental right that follows from human dignity.

scholarly journals The Conceptual Analysis of the Doctrine of Proportionality and, its Role in Democratic Constitutionalism; A Case Study of UK

sjesr ◽  
2021 ◽  
Vol 4 (1) ◽  
pp. 204-210
Author(s):  
Dr. Syed Raza Shah Gilani ◽  
Hidayat Ur Rehman ◽  
Dr. Ilyas Khan
Keyword(s):  
Legal System ◽  
Common Law ◽  
Constitutional Rights ◽  
Basic Principles ◽  
Law System ◽  
The People ◽  
The Common ◽  
Common Law System ◽  
Democratic Norms

For the last few decades, the doctrine of proportionality has demonstrated and corroborated that it is the most effective legal standard used around Europe for the adjudication of constitutional rights. From its German origins, proportionality has migrated across jurisdictions and areas of law and has become one of the most successful legal transplants. However, there is some confusion as to whether there is any justification for the intervention of this in the UK's legal system, as the UK's legal system is based on common law, and did not welcome this doctrine very much. Therefore, it is essential to analyze the basic principles of this doctrine and check its compatibility with the common law system, which is based on democratic norms. To test the similarity, this article would also reflect on the underlying characteristics of the theory of proportionality and equate it with the standards of a democratic society. To begin with, this article first endeavors to analyze the legal sources of the doctrine of proportionality and then examines its affinity with the democratic norms of the common law system to investigate the compatibility level with each other in protecting the constitutional rights of the people.

scholarly journals Social movements and grassroots discourse of climate justice in the context of droughts in semi-arid regions: A case study in India

2020 ◽  
Author(s):  
Nairita Chaudhuri ◽  
Keyword(s):  
Climate Impacts ◽  
Fundamental Rights ◽  
Climate Justice ◽  
Constitutional Rights ◽  
Civil Society Organisations ◽  
Legal Responses ◽  
Sociedad Civil ◽  
Adaptation Processes ◽  
Semi Arid

India’s encounter with farmers’ protests since 2015 has highlighted the constructivist attempt of grassroots movements in confronting the state’s monopoly over production of law. Farmers’ groups and civil society organisations have been mobilising legal and extra-legal tactics to gain discrete legal responses from the state towards guaranteeing farmers’ fundamental rights in the context of climate change adaptation to droughts in semi-arid parts of rural India. This paper discusses the strategies used by such actors to frame the contours of climate justice. The movement highlights the need for India’s policies to align with transformational, procedural and distributional justice goals that recognise and redress structural (socio-economic, cultural, colonial) roots of vulnerability towards just and sustainable adaptation processes. It also highlights the responsibility of the nation-state to safeguard the fundamental/constitutional rights of farmers who contribute to the nation’s food security while being the most vulnerable to climate impacts at sub-national scales. El encuentro de India con las protestas de granjeros desde 2015 ha puesto de relieve el intento constructivista de movimientos de base para enfrentarse al monopolio estatal sobre la producción de leyes. Los grupos de granjeros y las organizaciones de la sociedad civil han movilizado tácticas jurídicas y extrajurídicas para conseguir discretas respuestas jurídicas por parte del Estado en el sentido de garantizar derechos fundamentales de los granjeros en el contexto de la adaptación a las sequías en partes semiáridas de la India rural. Este artículo trata sobre las estrategias utilizadas por dichos actores para enmarcar los contornos de la justicia climática. El movimiento pone de relieve la necesidad de que las políticas de India se alineen con los objetivos de justicia transformacional, procedimental y distribucional que reconozcan y reparen de raíz vulnerabilidades estructurales (socioeconómicas, culturales, coloniales) y caminen hacia procesos de adaptación justos y sostenibles. También subraya la responsabilidad del Estado-nación para salvaguardar los derechos fundamentales/constitucionales de los granjeros que contribuyen a la seguridad alimentaria de la nación, siendo, en contraste, los más vulnerables a los efectos climáticos en escalas subnacionales.

scholarly journals O Direito Fundamental à Liberdade Religiosa de Crianças e Adolescentes / The Fundamenal Right to Religious Freedom for children and Adolescents

2019 ◽  
Vol 47 (1) ◽  
pp. 187-224
Author(s):  
Alan Felipe Provin ◽  
Audrey Pongan Borteze
Keyword(s):  
Children And Adolescents ◽  
Religious Freedom ◽  
Fundamental Rights ◽  
The Other ◽  
Constitutional Rights ◽  
Right To Life ◽  
Federal Constitution ◽  
The Subject ◽  
The Right

O presente artigo objetiva a análise do direito à liberdade religiosa de crianças e adolescentes, tendo em vista que este é consagrado com um dos direitos fundamentais previstos na Constituição Federal de 1988. A pesquisa possui como problemática o questionamento acerca da possibilidade de atribuir o fundamento da liberdade de convicção religiosa às crianças e adolescentes, ainda que em conflito com o direito à vida, considerando a incapacidade civil dos menores. Ademais, analisa também os direitos constitucionais e princípios aplicados aos menores à luz da doutrina da proteção integral, bem como expõe o conflito entre direitos fundamentais e aborda as posições dos Tribunais quanto ao tema. Em termo de metodologia, utilizou-se a pesquisa qualitativa, indutiva e bibliográfica. Ao final dos estudos, concluiu-se que, em que pese o direito à vida e a liberdade religiosa serem direitos fundamentais, com hierarquia idêntica, há casos em que é permitida a relativização de um direito em prol do outro, devendo ser analisado cada caso em concreto.   Abstract: This article aims to analyze the right to religious freedom of children and adolescents, given that this is enshrined as one of the fundamental rights provided in the Federal Constitution of 1988. The research has as problematic the possibility of attributing the foundation of religious´ freedom to the children and adolescents, although in conflict with the right to life, considering the civil incapacity of the minors. In addition, it also analyzes the constitutional rights and principles applied to minors in the light of the doctrine of integral protection, as well as exposes the conflict between fundamental rights and addresses the positions of the Courts on the subject. In terms of methodology, we used the qualitative, inductive and bibliographic research. At the end of the studies, it was concluded that, in spite of the fact that the right to life and religious freedom are fundamental rights, with a similar hierarchy, there are cases where the relativization of one right is allowed for the other, and each case must be analyzed in particular.

scholarly journals The Right of the People Shall Not be Violated: The Evolution of Constitutional Rights in New Jersey

2010 ◽  
Vol 125 (1) ◽  
pp. 40-47
Author(s):  
Robert Williams
Keyword(s):  
New Jersey ◽  
Annual Conference ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
The People ◽  
The Right

This is an expanded and footnoted version of a lecture delivered by Robert F. Williams at the New Jersey Historical Commission’s 2009 Annual Conference, “New Jersey and the Bill of Rights,” held on November 21st in Trenton, New Jersey. The quote in the title comes from Article I, Paragraph 6 of the 1844 New Jersey Constitution.

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