scholarly journals AN OVERVIEW OF THE RULE OF LAW VALUES WITHIN MALAYSIA'S ANTI-TERROR LAW: A LEGAL PERSPECTIVE FROM INDIA AND THE UNITED KINGDOM

2017 ◽  
Author(s):  
Ho Peng Kwang ◽  
Johan Shamsuddin Bin Hj Sabaruddin ◽  
Saroja Dhanapal
Keyword(s):  
United Kingdom ◽  
National Security ◽  
Rule Of Law ◽  
High Price ◽  
New Paradigm ◽  
The Rule Of Law ◽  
Security Issues ◽  
The United Kingdom ◽  
The Government ◽  
The Impact

Abstract: Changes in the legislative framework in response to terrorist threats in Malaysia, India and the United Kingdom since the 9/11 attacks have witnessed the integration of national security issues and criminal justice to form part of the extraordinary security laws passed by the authorities. This integration has rested on the premise that terrorism is an unprecedented threat and so it requires legislation tailored to what has been called as a ‘new paradigm in prevention. The criminal law has largely, though not exclusively, focused only on dealing with crimes that have already  taken  place. However, the reason for the shift in states emphasis towards prevention in counter-terrorism is that terrorism is an extraordinary threat that calls for a special response. A unique theme of most anti-terror legislations is focusing on what is referred to by the government as ‘prevention’ - hoping to foil foreseeable attacks from the terrorists. However, the key concern is the impact on the Rule of Law values when applying the anti-terror laws. This article argues that the preventive methods adopted by Malaysia, India and the United Kingdom are  effective in forestalling terrorist activities to  a certain extent, but often this comes at a high price to pay when individual human rights are sacrificed along the way. Further, anti-terror legislation has degraded the Rule of Law values in response to terrorism threat or national security.   Keywords: Rule of Law, Terrorism; National security; Preventive detention; POTA 2015.   Abstrak: Perubahan dalam struktur perundangan sebagai tindak balas kepada ancaman keganasan di negara seperti Malaysia, India dan United Kingdom selepas serangan  9/11  menyaksikan isu keselamatan negara dan undang-undang jenayah telah diintegrasikan untuk membentuk satu undang-undang keselamatan baharu yang agak luar biasa yang diiktiraf oleh pihak berkuasa. Integrasi ini berlandaskan premis bahawa keganasan ialah satu ancaman yang dipandang serius dan memerlukan undang-undang yang bersesuaian untuk membendungnya yang dirujuk sebagai satu ‘paradigma baharu pencegahan’. Pada lazimnya, undang-undang jenayah hanya tertumpu kepada menangani jenayah yang telah berlaku dan tidak memberi tumpuan kepada jenayah yang bakal dilakukan oleh pengganas. Oleh sebab itu, satu perubahan telah dilihat apabila penekanan terhadap pencegahan dalam membendung keganasan oleh negara-negara yang dikaji adalah kerana keganasan dianggap sebagai ancaman luar biasa dan memerlukan tindak balas khas. Dalam undang-undang antikeganasan, tema unik yang diberi perhatian oleh kerajaan adalah kepada langkah pencegahan dengan  harapan  ia  dapat  mematahkan  cubaan  serangan yang dirancang oleh pihak pengganas. Walau bagaimanapun, keprihatinan utama ialah kesan ke atas peraturan Undang-undang apabila undang-undang antikeganasan dilaksanakan. Artikel ini berpendapat bahawa kaedah pencegahan yang diterima pakai  oleh negara seperti Malaysia, India dan United Kingdom berkesan dalam menghalang kegiatan pengganas pada tahap tertentu, tetapi malangnya selalu melibatkan pengorbanan hak asasi individu. Tambahan pula, undang-undang antikeganasan telah menggugat nilai-nilai peraturan undang-undang susulan daripada tindak balas yang diambil terhadap ancaman daripada keganasan atau untuk keselamatan negara.   Kata Kunci: Peraturan undang-undang; Keganasan; Keselamatan negara; Tahanan pencegahan; POTA 2015

the wishes of the Government expressed in the form of legislation, or the extent to which it can interfere with the pursuit of those wishes. Until now it has been a commonplace of political thought that although the United Kingdom might not have a written constitution its unwritten constitution was nonetheless based on fundamental principles. Amongst these principles were the sovereignty of Parliament and the Rule of Law. The centrality within the United Kingdom constitution of the doctrine of Parliamentary sovereignty has traditionally meant that Parliament can make such law as it determines, but the validity of such an interpretation has been questioned by some. The justifications for such challenges to absolute Parliamentary sovereignty are based on the United Kingdom's membership of both the European Union and the Council of Europe with the implications of higher authorities than Parliament, in the former's legislation and the latter's endorsement of inalienable individual rights. As for the Rule of Law, although it is a notoriously amorphous concept, it has provided the courts with scope for challenging the actions of the executive and, indeed, to a more limited degree, the legislature. The mechanism through which the courts have previously exercised their burgeoning constitutional and, by definition, political role is judicial review by means of which they have asserted the right to subject the actions and operations of the executive to the gaze and control of the law in such a way as to prevent the executive from abusing its power. However, such power has been greatly extended by the enactment of the Human Rights Act (HRA) 1998. The Act only came into effect in October 2000 so the question remains as to how the courts will use the powers given to them under that Act. The remaining articles in this chapter will consider the wider political context within which the judiciary operate as well as focusing on the Rule of Law and the HRA 1998. In an article 'Law and democracy', published in the Spring 1995 edition of Public Law, Sir John Laws, Justice of the High Court, Queen's Bench Division, considered the appropriate role of judges within the constitution from the perspective of the judge (footnotes omitted).

2012 ◽  
pp. 54-65
Keyword(s):  
United Kingdom ◽  
Rule Of Law ◽  
The European Union ◽  
The Rule Of Law ◽  
Political Role ◽  
The United Kingdom ◽  
Parliamentary Sovereignty ◽  
The Government ◽  
The Right ◽  
And Control

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

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

Citizen-led digital policing and democratic norms: The case of self-styled paedophile hunters

2019 ◽  
pp. 174889581988095 ◽  
Author(s):  
Katerina Hadjimatheou
Keyword(s):  
United Kingdom ◽  
The Netherlands ◽  
Rule Of Law ◽  
Citizen Involvement ◽  
The Rule Of Law ◽  
The United Kingdom ◽  
The World ◽  
Democratic Principles ◽  
Democratic Norms

Citizen involvement in the provision of security is often presented as a win–win way to relieve pressure on police resources while building stronger, more responsible and democratically engaged communities. Governments in countries such as the United Kingdom and the Netherlands have adopted a ‘strategy of responsibilisation’ designed to encourage, enable and support citizens to take on tasks otherwise left for police. Yet, this strategy conspicuously ignores the growing number of citizen-led digital policing initiatives which operate independently without the encouragement or guidance of police. This article considers the implications of this trend for democratic norms in policing. It uses the phenomenon of self-styled paedophile hunters – which are now active in countries around the world – as a case study. The article makes comparisons between such initiatives and other, relatively well-theorised informal security providers, such as vigilante groups and civilian policing. It argues that, like vigilantes, citizen-led digital police often challenge democratic principles of transparency, accountability and the rule of law. Yet, like other civilian policing initiatives, they increase empowerment and participation, and rely for their success on the presence of strong and legitimate institutions of justice, to which they ultimately defer. These characteristics present a discreet set of opportunities and challenges for contemporary policing, which this article argues can only be addressed by strategic police engagement.

Constitutional Developments in the United Kingdom

2001 ◽  
Vol 29 (2) ◽  
pp. 232-243 ◽  
Author(s):  
David Williams
Keyword(s):  
United Kingdom ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Victorian Britain ◽  
Authoritative Text ◽  
University Of Oxford ◽  
Self Confidence ◽  
The United Kingdom ◽  
Parliamentary Sovereignty ◽  
The University

In hisIntroduction to the study of the Law of the Constitution, which appeared in its first edition in 1885, Professor A. V. Dicey of the University of Oxford emphasized in particular the doctrine of Parliamentary sovereignty and the concept of the Rule of Law as guiding principles of the constitution. His exposition was clear and trenchant, inspired by the self-confidence of late Victorian Britain, and through nine editions it provided the authoritative text which to this day has influenced judges and lawyers, politicians, observers from abroad, and many others in their interpretation of the constitutional law of the United Kingdom.

The Czechoslovak Factor in Western Alliance Building, 1945–1948

2016 ◽  
Vol 18 (1) ◽  
pp. 133-160
Author(s):  
Peter Svik
Keyword(s):  
National Security ◽  
The United States ◽  
Coup D'etat ◽  
Security Issues ◽  
The North ◽  
The United Kingdom ◽  
The Cold War ◽  
Alliance Building ◽  
The Impact

This article assesses the role of the Czechoslovak coup d’état in February 1948 in the establishment of the Brussels Pact a month later and formation of the North Atlantic Treaty Organization in April 1949. The article places these developments in the larger context of post-1945 national security policymaking in several countries, weighing the impact of the Czechoslovak coup on relations among seven countries on national security issues at the outset of the Cold War: Czechoslovakia, France, the United Kingdom, the three Benelux countries, and the United States. The article shows that the only proper way to evaluate the effect of the Communist takeover in Czechoslovakia on the formation of the Western alliance is by looking at the considerations present in each country and seeing how they interacted with one another. The Czechoslovak factor varied in its magnitude from country to country.

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