Rule of law approach to alleviation of poverty: An analysis on human rights dimension of governance

IIUC Studies ◽  
2020 ◽  
Vol 15 ◽  
pp. 23-32
Author(s):  
Taslima Khanam
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Analytical Approach ◽  
Nation State ◽  
Legal Empowerment ◽  
The Rule Of Law ◽  
Concise Overview ◽  
The People ◽  
The World ◽  
The Impact

A society without rule of law is similar to a bowl having holes in it, so it leaks. Without plugging the leaks, putting more money in it makes no sense. Almost this claptrap is going in the form of poverty mitigation programs. Retorting the fact, this paper reflects that substantial poverty must be implied as formed by society itself and argues that lots of inhabitants of the world are deprived of the opportunity to get improved livings and live in dearth, as they are not within the shield of the rule of law. They may possibly be the citizens of nation state in which they live; nevertheless, their chattels and workings are vulnerable and far less rewarding than these are addressed. To address this unfairness, the paper provides a concise overview on the impact of rule of law as the basis for the people of opportunity and equity following the study of analytical approach with interdisciplinary aspect. Particular emphasis is to be found on human rights dimension of governance, and legal empowerment for the alleviation of poverty. IIUC Studies Vol.15(0) December 2018: 23-32

The Role and Development of the Ombudsman System in the Maghreb A ‘Measure’ of Democracy?

2019 ◽  
Vol 54 (7) ◽  
pp. 1066-1083
Author(s):  
Francesco Tamburini
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transition To Democracy ◽  
North African ◽  
The Rule Of Law ◽  
The World ◽  
Shed Light

The institution of the Ombudsman is aimed at defending values such as human rights and the respect for the rule of law against any form of abuse or arbitrariness. Many academic studies have been devoted to the Ombudsman in its different developments around the world, but not to the Maghreb area. This article wants to shed light on the characteristics of the Ombudsman in Algeria, Mauritania, Morocco and Tunisia. The comparative exam of the different North African Ombudsmen will point out how the institution was able to survive only in states where a transition to democracy was truly in place.

scholarly journals La primauté du droit : la situation des immigrants et des réfugiés en droit canadien au regard des Chartes et des textes internationaux

2005 ◽  
Vol 28 (3) ◽  
pp. 585-624 ◽  
Author(s):  
Christian Brunelle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
Legal Protection ◽  
The Rule Of Law ◽  
Immigrants And Refugees ◽  
Long Time ◽  
International Obligations ◽  
The Impact ◽  
Discretionary Powers

The « rule of law » which for a long time was considered as an unwritten part of the Constitution now enjoys full constitutional status. Its enshrining in the preamble of the Canadian Charter sheds considerable light on the manner in which the rights and freedoms of the Charter should be perceived. The author opens his discussion by examining the impact that the constitutionalization of the « rule of law » has had on immigrants and refugees in Canada. As the Immigration Act of 1976 confers numerous discretionary powers which could result in their abusive use, the author analyses how the Human Rights charters applicable in Canada and in Quebec can insure the legal protection of immigrants and refugees. In the second part of his study, the author discusses the principal international texts ratified by Canada which have as their purpose the protection of the rights of immigrants and refugees. As international law is not « self-enforcing » in Canada, the author shows how the internal legal community conforms to the international obligations contracted by Canada.

The Legacy of Colonialism on the Rule of Law in Sub Saharan Africa

2019 ◽  
Vol 113 ◽  
pp. 63-65
Author(s):  
Joel Samuels
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Sub Saharan Africa ◽  
Access To Justice ◽  
The Rule Of Law ◽  
Colonial Legacy ◽  
Sub Saharan ◽  
The Impact

The impact of the colonial legacy and the decolonization process on the rule of law in sub-Saharan Africa encompasses virtually every component of the rule of law—governance, accountability, transparency, corruption, human rights, gender rights, access to justice, and the assurance of clear, publicized, stable, and just laws. These remarks are intended to provide an overview of some of the consequences of that legacy on the slow and delicate march toward a future where states and their leaders across the region embrace and abide by the rule of law.

scholarly journals LAW POLITIC OF ADMINISTRATIVE COURT JUDICATURE IN INDONEESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 47
Author(s):  
Wahyu Mukti Beny Setiyawan ◽  
Fitriya Desi Wulandari
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
The Rule Of Law ◽  
The People ◽  
The Law ◽  
Administrative Courts ◽  
Administrative Justice

Law politic present at the point of encounter between living realism and the demands ofidealism. Political law concerns on an ideal or hope, then there is a legal vision that is setin advance, then the form and content of the law are built to realize that vision. Theurgency existence of administrative justice in realizing the rule of law encourages thegovernment to establish a legal system in the field of administrative justice through theestablishment of Law Number 51986 about State Administrative Courts, which is thefoundation for the establishment of a State Administrative Court in Indonesia. In theexplanation of Law Number 5 of 1986 stated that the State Administrative Court was heldin order to provide protection to the people seeking justice, which felt themselves to beharmed by a State Administrative Decision. Principly, a country is expected to giveprotection for the human rights of its citizens

scholarly journals Political Evolution at NATO Level in Post Cold War Era

2015 ◽  
Vol 20 (1) ◽  
pp. 177-183
Author(s):  
Cătălin Tomiţă Tomescu
Keyword(s):  
Human Rights ◽  
Cold War ◽  
North America ◽  
Rule Of Law ◽  
Post Cold War ◽  
The Rule Of Law ◽  
The World ◽  
Essential Contribution ◽  
Agent Of Change ◽  
Peace In Europe

Abstract The beginning of the post Cold era sounds like that: „The world has changed dramatically. The Alliance has made an essential contribution. The peoples of North America and the whole of Europe can now join in a community of shared values based on freedom, democracy, human rights and the rule of law. As an agent of change, a source of stability and the indispensable guarantor of its members' security, our Alliance will continue to play a key role in building a new, lasting order of peace in Europe: a Europe of cooperation and prosperity”[1].

scholarly journals STUDI ISLAM DALAM KAJIAN HUKUM KELUARGA ISLAM DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
pp. 63
Author(s):  
Sadari Sadari
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Islamic Law ◽  
Family Law ◽  
Nation State ◽  
The Rule Of Law ◽  
Islamic Family Law ◽  
Rights Issues

This article offers a study of h}udu>di> (limit) in Islamic family law contained in the Indonesian Compilation of Islamic Law (KHI). The study of h}udu>di is nothing other than the process of desacralization that KHI becomes progressive in line with the development of modernity and in the context of Indonesian-ness. To that end, this article makes two efforts, firstly, by rejecting the idea that gives no attention to limit in one hand, and secondly, by strengthening the thoughts of scholars who offer new ijtihad both in its concept until to methodology. Thought that strengthens it came from Syrian figure, namely Muh}ammad Shah}ru>r, through a plausibility structure. His study of hududsupported Nurcholish Madjid idea about the de-sacralization, so as to perform the coherence between KHI to human rights issues, democracy, nation-state, civil society, and constitutionalism. So this article supports the spirit of de-sacralization - in addition to not abandon its sacralization - initiated by Nurcholish Madjid. The source of this study is KHI, by using the hududparadigm, that based on a maxim of sabat al-naswa harakah al-muhtawa, meaning that the text is permanent , but the content moves. So that the rule of law is always rooted in liminality based on the text, which is the pivot of study centered on the text toward the context, not vice versa.

APPLICATION OF FIREARMS AS ONE OF THE MEANS OF COORDINATION BY THE STATE WITHIN THE COMPETENCE OF EMPLOYEES OF INTERNAL AFFAIRS

2021 ◽  
Author(s):  
Vladymyrov M. ◽  
Paliukh V.
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Social Groups ◽  
Law Enforcement Officers ◽  
The State ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Right ◽  
The Impact

The article considers the main competencies of law enforcement officers who have the right to use firearms, as a force representing the state to maintain law and order, and prevent violations of human rights and security, which allows to determine the levels of possible use of firearms as a form of coercion and influence on civil society, as well as to identify its subjects and objects - to identify all participants in such a process, and the impact on large social groups in order to comply with the rule of law in society.

The African Union's Capacity in Promoting Good Governance

2006 ◽  
Vol 3 (2) ◽  
pp. 317-340 ◽  
Author(s):  
Sevidzem Stephen Kingah
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
African Union ◽  
Democratic Institutions ◽  
Popular Participation ◽  
The Rule Of Law ◽  
The People ◽  
The World ◽  
Democratic Principles

AbstractIn the spirit of the Constitutive Act of the African Union we must work for a continent characterized by democratic principles and institutions which guarantee popular participation and provide for good governance. Through our actions, let us proclaim to the world that this is a continent of democracy, a continent of democratic institutions and culture. Indeed, a continent of good governance, where the people participate and the rule of law is upheld.

scholarly journals Human Rights and Law Enforcement

2019 ◽  
Vol 4 (1) ◽  
pp. 114
Author(s):  
Fransiska Novita Eleanora ◽  
Andang Sari
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
The State ◽  
Human Rights Violations ◽  
The Rule Of Law ◽  
The World ◽  
The Government

Humans born into the world have declared their rights and naturalrights as gifts from the Almighty, God and every State must recognize them aslegal subjects who must always be respected and protected to realize human valueswell. Therefore; no one can or can act negatively, including the state or even theauthorities or the government. Conceptually, a country that is expected to realizeit is only a legal state that is considered legitimate and adheres to the notion ofdemocracy, namely democracy will become a rule and law. The realization of therule of law is to take action against perpetrators who are proven to have committedcrimes and human rights violations. This paper explains that there are still manycases of gross violations of human rights that have not been clearly revealed andthe perpetrators have not been given appropriate punishment, by giving sanctionsto the perpetrators, so that law enforcement is not realized. The embodiment ofthe rule of law is that it can capture cases of gross violators of human rights andconvict the perpetrators in accordance with the laws that apply in accordance withthe characteristics of the rule of law. The problem is whether law enforcement hasbeen realized especially in human rights violations and can be resolved throughnegotiation, conciliation and mediation.

The Council of Europe and Pan-European General Principles of Good Administration

2020 ◽  
pp. 242-255
Author(s):  
Inger-Johanne Sand
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Family Law ◽  
Administrative Law ◽  
European Convention ◽  
Access To Information ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Procedural Rights ◽  
The Impact

This chapter discusses the impact of the pan-European principles of good administration on Norwegian administrative law. The chapter claims that the European Convention on Human Rights and other sources of the Council of Europe (CoE) have generally contributed to strengthening the ‘rule-of-law tradition’ in Norwegian law. This contribution is especially palpable in specialized fields like migration, family law and local self-government. However, in other fields, such as administrative procedural rights and access to information, the impact of the CoE seems to have been limited because the corresponding national regulations preceded many of the relevant conventions and recommendations of the CoE. The chapter concludes that Norway shows a willingness to be influenced by new administrative law standards developed by the CoE.

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