scholarly journals Immigration and Refugee Board acceptance of Russian Jews from Israel

2021 ◽  
Author(s):  
Inna Tsinman
Keyword(s):  
Human Rights ◽  
Federal Court ◽  
The Political ◽  
Court Decisions ◽  
Main Argument ◽  
Refugee Status ◽  
Academic Literature ◽  
Russian Jews ◽  
Canadian Foreign Policy

This project examines the political phenomenon of the acceptance of Israeli Russian Jews claiming refugee status in Canada. The paper examines this phenomenon by unravelling the role of human rights in Canadian nation building, the Immigration and Refugee Board's (IRB) member-appointment process and the use of the IRB as a tool for enhancing Canada's image as human rights promoter, and Canadian foreign policy towards Israel. The main argument of this paper is that the reason for the acceptance of Israeli refugee claims is that some IRB members hold an agenda on promoting human rights. This project is based on the examination of academic literature, media articles, IRB and Federal Court decisions, and interviews with a variety of stakeholders.

scholarly journals Immigration and Refugee Board acceptance of Russian Jews from Israel

2021 ◽  
Author(s):  
Inna Tsinman
Keyword(s):  
Human Rights ◽  
Federal Court ◽  
The Political ◽  
Court Decisions ◽  
Main Argument ◽  
Refugee Status ◽  
Academic Literature ◽  
Russian Jews ◽  
Canadian Foreign Policy

This project examines the political phenomenon of the acceptance of Israeli Russian Jews claiming refugee status in Canada. The paper examines this phenomenon by unravelling the role of human rights in Canadian nation building, the Immigration and Refugee Board's (IRB) member-appointment process and the use of the IRB as a tool for enhancing Canada's image as human rights promoter, and Canadian foreign policy towards Israel. The main argument of this paper is that the reason for the acceptance of Israeli refugee claims is that some IRB members hold an agenda on promoting human rights. This project is based on the examination of academic literature, media articles, IRB and Federal Court decisions, and interviews with a variety of stakeholders.

scholarly journals Legal-Political Paradigm of Indonesian Constitutional Court: Defending a Principled Instrumentalist Court

2020 ◽  
Vol 6 (1) ◽  
pp. 36
Author(s):  
Mirza Satria Buana
Keyword(s):  
Judicial Review ◽  
Review Process ◽  
The Political ◽  
Constitutional Court ◽  
Court Decisions ◽  
Main Argument ◽  
Policy Decisions ◽  
Political Arena ◽  
History Of

The establishment of the Indonesian Constitutional Court in 2003 signified the formation of a bridge between the judiciary and politics. Through its judicial review process, there is a more tangible presence of the judiciary and court in the political arena. The Court helps with addressing moral predicaments and influencing the products of the legislature. This paper discusses the shifting of the legal-politico paradigm, particularly relating to judicial leadership of the Court because this significantly affects the role of the Court in the political arena. The history of the establishment of the Court’s authority in judicial review is explored through a stylised analysis of the actions of two early Chief Justices. This paper also examines two Court decisions which illustrated the Court’s authority on judicial review because they demonstrated the importance of policy-driven decisions and judicial restraint. The main argument of this work is that it is hard to categorize the legal-politico actions of the Indonesian Court into either legalism or instrumentalism. Often, the Court synthesises the two. The legal-politico paradigm is a dynamic one. The most feasible model of the Indonesian Constitutional Court is that of a Principled Instrumentalist Court, where policy decisions guide the formation of legislation according to constitutional values, but the judges maintain prudential self-restraint.

DEMOCRACY AT THE SERVICE OF FOREIGN POLICY OF THE REPUBLIC OF SOUTH AFRICA

2019 ◽  
Author(s):  
A. FREDDIE
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Foreign Policy ◽  
Transition To Democracy ◽  
The Political ◽  
Political Activities ◽  
Foreign Policy Change ◽  
The Republic ◽  
Apartheid Regime

The article examines the place and role of democracy and human rights in South Africas foreign policy. The author analyzes the process of South Africas foreign policy change after the fall of the apartheid regime and transition to democracy. He gives characteristics of the foreign policy under different presidents of South Africa from 1994 to 2018 and analyzes the political activities of South Africa in the area of peacekeeping and human rights on the African continent.

The Role of Religious Force in the Wukan Incident

2013 ◽  
Vol 5 (1) ◽  
pp. 155-175 ◽  
Author(s):  
Hou Yuxin
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
The Political ◽  
The People ◽  
The World ◽  
History Of ◽  
The Media ◽  
Social Management ◽  
The Village

Abstract The Wukan Incident attracted extensive attention both in China and around the world, and has been interpreted from many different perspectives. In both the media and academia, the focus has very much been on the temporal level of the Incident. The political and legal dimensions, as well as the implications of the Incident in terms of human rights have all been pored over. However, what all of these discussions have overlooked is the role played by religious force during the Incident. The village of Wukan has a history of over four hundred years, and is deeply influenced by the religious beliefs of its people. Within both the system of religious beliefs and in everyday life in the village, the divine immortal Zhenxiu Xianweng and the religious rite of casting shengbei have a powerful influence. In times of peace, Xianweng and casting shengbei work to bestow good fortune, wealth and longevity on both the village itself, and the individuals who live there. During the Wukan Incident, they had a harmonizing influence, and helped to unify and protect the people. Looking at the specific roles played by religion throughout the Wukan Incident will not only enable us to develop a more meaningful understanding of the cultural nature and the complexity of the Incident itself, it will also enrich our understanding, on a divine level, of innovations in social management.

Conservative Anti-HRA Rhetoric, the Bill of Rights ‘Solution’ and the Role of the Bill of Rights Commission

2013 ◽  
Author(s):  
Helen Fenwick
Keyword(s):  
Human Rights ◽  
Constitutional Reform ◽  
The Political ◽  
Coalition Government ◽  
Bill Of Rights ◽  
Conservative Government ◽  
European Court ◽  
Human Rights Act ◽  
Advisory Role

This chapter considers proposals for changes that might be made by a British Bill of Rights, as compared with the Human Rights Act, under the Coalition government, or a future Conservative government. It considers views expressed by Conservative spokespersons prior to and after the 2010 general election, and answers given by members of the Bill of Rights Commission to the Political and Constitutional Reform Committee in 2011. This chapter also touches on the second aspect of the Commission's remit — its advisory role on reform of the European Court of Human Rights. It questions whether adopting a Bill of Rights on the lines favoured by the Conservative leadership, combined with the Strasbourg reforms recently determined on, would be likely to realise Conservative aims of creating divergence from Strasbourg and enhancing parliamentary autonomy.

scholarly journals The Only (Other) Poll That Matters? Exit Polls and Election Night Forecasts in BBC General Election Results Broadcasts, 1955–2017

2020 ◽  
pp. 003232172090632
Author(s):  
Stuart Wilks-Heeg ◽  
Peter Andersen
Keyword(s):  
Academic Research ◽  
General Election ◽  
The Political ◽  
Data Set ◽  
Political Consequences ◽  
Academic Literature ◽  
Political Narratives ◽  
Election Results ◽  
Over Time

This article examines the role of results forecasts and exit polls in BBC general election night broadcasts from 1955 to 2017. Despite the substantial role played by academics in results programmes, in devising forecasts and analysing results as they emerge, academic literature on election night broadcasts is scant. This article charts the development of election night forecasting over time and its implications for the structure and content of election night broadcasts. It draws on a unique new data set of verbatim transcripts of the first hour of every BBC election night broadcast from 1955–2017 to quantify the attention paid to forecasts and exit polls and assess how they frame discussion of the likely outcome and its potential political consequences. The article concludes that the function of election night broadcasts as ‘the first draft of psephology’ merits closer attention for both the political narratives and the academic research agendas they generate.

Politicians, Judges, and the Charter

2008 ◽  
Vol 21 (1) ◽  
pp. 227-238
Author(s):  
L.W. Sumner
Keyword(s):  
Judicial Review ◽  
Political System ◽  
Common Law ◽  
Recent Book ◽  
The Political ◽  
Court Decisions ◽  
Democratic Process ◽  
Political Views ◽  
Political Right

The complaint is a familiar one: unelected, politically unaccountable judges are using their powers of judicial review to subvert the democratic process by shaping public policy in accordance with their own personal moral/political views. It is tempting to dismiss this complaint as the grumbling of those, usually (though not invariably) on the political right, who have been disaffected by court decisions with which they personally disagree. But this temptation must be resisted, since the critics of judicial review, such as Jeremy Waldron, raise important issues about the role of judges in a democratic political system. In his recent book A Common Law Theory of Judicial Review, Wil Waluchow responds to the critics' arguments. This Critical Notice outlines his response and assesses its adequacy.

scholarly journals Human Rights Half Measures: Avoiding Accountability in Postwar Sri Lanka

2019 ◽  
Vol 72 (1) ◽  
pp. 121-163 ◽  
Author(s):  
Kate Cronin-Furman
Keyword(s):  
Human Rights ◽  
The Political ◽  
The West ◽  
Academic Literature ◽  
International Pressure ◽  
Human Rights Council ◽  
The Creation ◽  
Veto Points ◽  
Do So

AbstractWhy do repressive states create human rights institutions that cost them money and political capital but fail to silence international criticism? The academic literature assumes that states engaging in disingenuous human rights behavior are hoping to persuade (or deceive) liberal Western states and international advocates. But if human rights promoters in the West are the target audience for the creation of these half measures institutions, the strategy appears puzzlingly miscalculated. It reveals that the repressive state is sensitive to international opinion, and often results in increased pressure. The author argues that states engaging in human rights half measures are playing to a different, previously overlooked audience: swing states that can act as veto points on multilateral efforts to enforce human rights. The article illustrates these dynamics with a case study of Sri Lanka’s response to international pressure for postwar justice. The author shows that although the creation of a series of weak investigative commissions was prompted by pressure from Western governments and ngos, it was not an attempt to satisfy or hoodwink these actors. Instead, it was part of a coalition-blocking strategy to convince fellow developing states on the UN Human Rights Council to oppose the creation of an international inquiry and to give them the political cover to do so.

scholarly journals Fault, knowledge and risk within the framework of positive obligations under the European Convention on Human Rights

2020 ◽  
Vol 33 (3) ◽  
pp. 601-620
Author(s):  
Vladislava Stoyanova
Keyword(s):  
Human Rights ◽  
The State ◽  
European Convention ◽  
Main Argument ◽  
European Court ◽  
Normative Considerations

AbstractThe European Court of Human Rights has consistently reiterated that positive obligations under the European Convention on Human Rights arise when state authorities know or ought to have known about the risk of harm. This article attempts to describe and assess the role of state knowledge in the framework of positive obligations, and to situate the Court’s approach to knowledge about risk within an intelligible framework of analysis. The main argument is that the assessment of state knowledge is imbued with normative considerations. The assessment of whether the state ‘ought to have known’ is intertwined with, first, concerns that positive obligations should not impose unreasonable burden on the state and, second, the establishment of causal links between state omissions and harm.

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