Stronger than the Maxim Gun Law, Human Rights and British Colonial Hegemony in Nigeria

Africa ◽  
2002 ◽  
Vol 72 (1) ◽  
pp. 55-83
Author(s):  
Bonny Ibhawoh
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Colonial State ◽  
British Colonial ◽  
The Law ◽  
Self Rule

AbstractThis article examines the tensions and contradictions in the use of law as an instrument of coercion to consolidate British control in Nigeria and the legitimising rhetoric of human rights and social justice employed within the context of the operation of the law. The article explores the effects of laws introduced mainly to foster British colonial hegemony against the background of the aspiration to guarantee social justice and forge a ‘modern’ regime of rights and liberties for native subjects in the colony. It probes the circumstances that made the rhetoric of rights and liberty imperative for both the colonial regime that employed it to legitimise empire and the African elites who appropriated it to strengthen their demands for representation and self-rule. The aim is not so much to show how the colonial state fell short of its own liberal agenda as to examine the appeal ofthat agenda and the conditions that made it so central to the colonial project.

scholarly journals PRINCIPLES OF POLICE ACTION IN POLICE LAW

2019 ◽  
Vol 4 (85) ◽  
pp. 84
Author(s):  
Aleksandrs Matvejevs
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Social Economic ◽  
The Public ◽  
Gender And Age ◽  
Police Action ◽  
Language Attitude ◽  
The Law ◽  
Article Study

The author of the article study problems of enforcement and implementation of principles in activities of police and mechanisms of implementation of principles in activities conducted by police. Its mean that the operations of the police shall be organised observing lawfulness, humanism, human rights, social justice, transparency and an undivided authority, and relying on the assistance of the public. The police shall protect the rights and lawful interests of persons irrespective of their citizenship, social, economic and other status, race and nationality, gender and age, education and language, attitude towards religion, political and other convictions. The police, by its operations, shall ensure the conformity with the rights and freedoms of persons. Restriction of such rights and freedoms shall be permitted only on the basis of law and in accordance with procedures specified in law. Author discloses the meaning and content of the principles of the organization and activities of the police, enshrined in the law. The authors also stress out particular disadvantages of law ”On Police” and make suggestions how to improve it.

scholarly journals DEBTOR PROTECTION IN PERSPECTIVE OF PANCASILA JUSTICE VALUE ON SEPARATIC CREDITOR EXECUTIONS

2021 ◽  
Vol 5 (1) ◽  
pp. 93
Author(s):  
Widhi Handoko
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Legal Culture ◽  
Human Values ◽  
Legal Policy ◽  
Ability To Pay ◽  
The Law ◽  
The Republic ◽  
Debtor Protection

The execution of the execution by separatist creditors without going through court adjudication as stipulated in Article 55 and Article 56 of Act No. 37 of 2004 is contrary to Pancasila justice. The method used in this research is a non-doctrinal method. Based on the data obtained, it can be seen that the implementation of bankruptcy executions as regulated in Article 55 and Article 56 of Act No. 37 of 2004 prioritizes the interests of separatist creditors, this is further complicated by the existence of a legal culture that shows that bankruptcy executions are guaranteed with mortgage rights. Without having to go through an amazing in court, the meaning of the debtor's insolvency should be an examination in court or through amazing regarding the debtor's ability to pay off his debt, not solely based on the analysis and views of the separatist creditors. This is implicitly based on Article 28D of the 1945 Constitution of the Republic of Indonesia and automatically contradicts the values of Pancasila social justice. This means that in the legal policy of bankruptcy execution, it must be able to create a balance of protection of rights between creditors and debtors, by the view of appreciation for human values or human rights awards in the form of equality before the law to be able to realize a just bankruptcy execution that can protect the interests of separatist creditors while protecting debtors from losses resulting from bankruptcy.

Ideologi Konstitusi Piagam Madinah dan Relevansinya dengan Ideologi Pancasila

2019 ◽  
Vol 2 (1) ◽  
pp. 107-129
Author(s):  
Nurhadi Nurhadi
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Point Of View ◽  
First Principle ◽  
Religious Ideology ◽  
The Third ◽  
The Law ◽  
The Relationship ◽  
Supreme Being

The Medina Charter as the first constitutional document in Islam, has  relationship with Pancasila in the Jakarta Charter as religious ideology. It shows that the Medina Charter has relevance to the philosophical values of Pancasila as the ideology of the Indonesia. This paper presents the relationship between the Medina Charter abbd Pancasia from normative and philosophical point of view in order to prove that the Constitution's Ideology of the Medina Charter is very relevant to the Jakarta Charter with the Philosophical values of Pancasila. The first principle (or Sila) of Pancasila Belief in one supreme being is in line with article in the Medina Charter about monotheism and aqedah. The second Sila  of Pncasila Just and Civilized Humanitarism is in relation with the Articles about Human Rights in the Medina Charter. The third Sila of Pancasila about the comitment to the unity of Indonesia is also stated in Articles of Medina Charter about unity and brotherhood. The forth principle about the idea of people led or governed by wise politics in line with the Articles about deliberation and agreement. The last principle about the commitment to Social Justice for All Indonesian People is similar with the law of human rights in the Medina Charter.

scholarly journals THE (UN)PROTECTING AND (DIS)EMPOWERING POTENTIAL OF THE LAW AND HUMAN RIGHTS DISCOURSE WITHIN SOCIAL JUSTICE AND LAND CLAIMS

2015 ◽  
Vol 13 (27) ◽  
Author(s):  
Astrid Liliana Sanchez-Mejia
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Land Claims ◽  
Derechos Humanos ◽  
The Law ◽  
Rights Discourse ◽  
Human Rights Discourse

<p>Este artículo explora los efectos potenciales del uso de los derechos humanos en la formulación de reclamos de cambio social. El discurso de los derechos humanos ofrece una concepción de justicia social fundamentada en dignidad e igualdad. Por lo tanto, invocar los derechos humanos puede apoyar reclamos de justicia social y de protección del derecho a la tierra. En la realidad, los efectos del uso de los derechos humanos implica no sólo beneficios, sino también dilemas y riesgos para las movilizaciones sociales y políticas. Este artículo sostiene que el derecho y los derechos humanos no parecen una estrategia ideal para lograr el cambio social y la protección del derecho a la tierra. Sin embargo, en algunos contextos, este discurso contribuye a empoderar a las personas o grupos tradicionalmente excluidos, haciendo visibles situaciones injustas y ofreciendo una realidad alternativa fundamentada en igualdad o dignidad. Al menos este discurso puede convertirse en un símbolo que inspira la movilización social.</p>

APA efforts in promoting human rights and social justice.

2017 ◽  
Vol 72 (8) ◽  
pp. 778-790 ◽  
Author(s):  
Frederick T. L. Leong ◽  
Wade E. Pickren ◽  
Melba J. T. Vasquez
Keyword(s):  
Human Rights ◽  
Social Justice

Towards an Archival Critique: Opening Possibilities for Addressing Neoliberalism in the Archival Field

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Marika Cifor ◽  
Jamie A. Lee
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Archival Studies ◽  
Ethical Practice ◽  
Political Practice ◽  
Starting Point ◽  
Hands On ◽  
Library And Information Studies ◽  
Information Studies ◽  
Contemporary Life

Neoliberalism, as economic doctrine, as political practice, and even as a "governing rationality" of contemporary life and work, has been encroaching on the library and information studies (LIS) field for decades. The shift towards a conscious grappling with social justice and human rights debates and concerns in archival studies scholarship and practice since the 1990s opens the possibility for addressing neoliberalism and its elusive presence. Despite its far-reaching influence, neoliberalism has yet to be substantively addressed in archival discourse. In this article, we propose a set of questions for archival practitioners and scholars to reflect on and consider through their own hands-on practices, research, and productions with records, records creators, and distinct archival communities in order to develop an ongoing archival critique. The goal of this critique is to move towards "an ethical practice of community, as an important mode of participation." This article marks a starting point for critically engaging the archival studies discipline along with the LIS field more broadly by interrogating the discursive and material evidences and implications of neoliberalism.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

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