scholarly journals ‘Enemies of the People’? The Judiciary and Claude Lefort’s ‘Savage Democracy’

2020 ◽  
pp. 27-42
Author(s):  
Panu Minkkinen
Keyword(s):  
Human Rights ◽  
Relative Position ◽  
Separation Of Powers ◽  
Theoretical Framework ◽  
The People ◽  
Rubber Stamp ◽  
Starting Point ◽  
Integral Element ◽  
The Relationship

The chapter attempts to, first, clarify the position of human rights in Claude Lefort's unique blend of phenomenologically and psychoanalytically inspired political theory. Human rights, and by extension rights more generally, are in this account an integral element of a 'savage democracy' that Lefort envisioned as the only plausible challenge to the totalitarian tendencies of neoliberalism. From this starting point, the chapter will then discuss the position of the judiciary in contemporary democracies. Standard accounts of the separation of powers reduce the courts' constitutional functions to the application and interpretation of laws issued by an elected legislator. But as the relationship between the legislator and the executive has changed, so, too, has the relative position of the judiciary. A strong executive as the engine of legislative initiatives, supported by a weak 'rubber-stamp' legislature, has highlighted the need to emphasise the democratic potential of the judiciary that goes beyond the 'deferential' role of standard accounts. The chapter will provide a theoretical framework for understanding this democratic role through Lefort's account of human rights.

Where Our Protection Lies

2017 ◽  
Author(s):  
Dimitrios Kyritsis
Keyword(s):  
Human Rights ◽  
Institutional Design ◽  
Separation Of Powers ◽  
Fundamental Rights ◽  
Moral Legitimacy ◽  
Joint Project ◽  
Constitutional Review ◽  
Rights Protection ◽  
The People ◽  
The Relationship

In this book Dimitrios Kyritsis advances an original account of constitutional review of primary legislation for its compatibility with human rights. Key to it is the value of separation of powers. When the relationship between courts and the legislature realizes this value, it makes a stronger claim to moral legitimacy. Kyritsis steers a path between the two extremes of the sceptics and the enthusiasts. Against sceptics who claim that constitutional review is an affront to democracy he argues that it is a morally legitimate institutional option for democratic societies because it can provide an effective check on the legislature. Although the latter represents the people and should thus be given the initiative in designing government policy, it carries serious risks, which institutional design must seek to avert. Against enthusiasts he maintains that fundamental rights protection is not the exclusive province of courts but the responsibility of both the judiciary and the legislature. Although courts may sometimes be given the power to scrutinize legislation and even strike it down, if it violates human rights, they must also respect the legislature’s important contribution to their joint project. Occasionally, they may even have a duty to defer to morally sub-optimal decisions, as far as rights protection is concerned. This is as it should be. Legitimacy demands less than the ideal. In turn, citizens ought to accept discounts on perfect justice for the sake of achieving a reasonably just and effective political order overall.

scholarly journals Frontex and the convergence of humanitarianism, human rights and security

2018 ◽  
Vol 49 (6) ◽  
pp. 457-475 ◽  
Author(s):  
Nina Perkowski
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Combined Effects ◽  
Member States ◽  
Human Rights Abuses ◽  
Starting Point ◽  
Relationship Of ◽  
The Relationship ◽  
Depth Interviews

While there has been growing scholarly interest in the convergence of humanitarianism and security in contemporary EUropean border governance, much of the existing literature has neglected the role of human rights in this process. Drawing on in-depth interviews with Frontex officials, this article takes the simultaneous portrayal of the agency as rescuer of migrants at sea, promoter of fundamental rights and defender of EUropean citizens against migrant threats as a starting point to rethink the relationship of humanitarianism, human rights and security in the governing of EUropean borders. Conceptualizing them as discourses of protection that render their subjects vulnerable in various ways, the article contributes to a deeper understanding of the connections and combined effects of humanitarianism, human rights and security in EUropean border governance. Finally, it shows that Frontex’s positioning in humanitarian, human rights and security terms has strengthened the agency in three ways. First, it has allowed Frontex to cooperate with a range of actors in ‘managing’ EUropean borders. Second, it has enabled the agency to become a ‘go-to’ solution to diverse crises in border governance. Third, it has allowed Frontex officials to shift blame for human rights abuses to member-states.

INTERPRETATION OF SINO-RUSSIAN CULTURE AND HUMANITIES COOPERATION IN THE NEW ERA

2020 ◽  
Vol 10 (3) ◽  
pp. 186-193
Author(s):  
REN YANYAN ◽  
Keyword(s):  
Current Status ◽  
Human Relations ◽  
New Era ◽  
Russian Culture ◽  
The People ◽  
Starting Point ◽  
Cooperative Partnership ◽  
Belt And Road ◽  
The Belt And Road

The friendship between nations lies in the mutual affinity of the people, and the people’s affinity lies in the communion of hearts. The cultural and humanities cooperation between China and Russia has a long history. In recent years, under the role of the“Belt and Road” initiative, the SCO, and the Sino-Russian Humanities Cooperation Committee, Sino-Russian culture and humanities cooperation has continued to deepen. Entering a new era, taking the opportunity to promote Sino-Russian relations into a “new era China-Russia comprehensive strategic cooperative partnership”, the development of human relations between the two countries has entered a new historical starting point, while also facing a series of problems and challenges. This article is based on the current status of Sino-Russian human relations in the new era, interprets the characteristics of Sino-Russian human relations in the new era, analyzes the problems and challenges of Sino-Russian human relations in the new era, and tries to propose solutions and solutions with a view to further developing Sino-Russian cultural and humanities relations in the new era. It is a useful reference, and provides a reference for future related research, and ultimately helps the Sino-Russian cultural and humanities relations in the new era to be stable and far-reaching.

A New Hope

2018 ◽  
Author(s):  
Zoran Oklopcic
Keyword(s):  
Popular Sovereignty ◽  
The People ◽  
Collective Self ◽  
The Relationship ◽  
The Way

As the final chapter of the book, Chapter 10 confronts the limits of an imagination that is constitutional and constituent, as well as (e)utopian—oriented towards concrete visions of a better life. In doing so, the chapter confronts the role of Square, Triangle, and Circle—which subtly affect the way we think about legal hierarchy, popular sovereignty, and collective self-government. Building on that discussion, the chapter confronts the relationship between circularity, transparency, and iconography of ‘paradoxical’ origins of democratic constitutions. These representations are part of a broader morphology of imaginative obstacles that stand in the way of a more expansive constituent imagination. The second part of the chapter focuses on the most important five—Anathema, Nebula, Utopia, Aporia, and Tabula—and closes with the discussion of Ernst Bloch’s ‘wishful images’ and the ways in which manifold ‘diagrams of hope and purpose’ beyond the people may help make them attractive again.

Is Democracy Exportable?

2019 ◽  
pp. 724-742
Author(s):  
Pierre Salmon
Keyword(s):  
Human Rights ◽  
Regime Change ◽  
Private Life ◽  
Yardstick Competition ◽  
Human Rights Abuses ◽  
The People

Among many aspects to the question of whether democracy is exportable, this contribution focuses on the role of the people, understood not as a unitary actor but as a heterogeneous set: the citizens. The people matter, in a different way, both in the countries to which democracy might be exported and in the democratic countries in which the question is about promoting democracy elsewhere. The mechanisms or characteristics involved in the discussion include yardstick competition, differences among citizens in the intensity of their preferences, differences among autocracies regarding intrusion into private life, citizens’ assessments of future regime change, and responsiveness of elected incumbents to the views of minorities. The second part of the contribution explains why promotion of democracy is more likely to work through citizens’ concern with human rights abuses than with regime characteristics.

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.

Balancing of Values and the Value of Balancing (Part One)

2021 ◽  
pp. 13-24
Author(s):  
Gadis A. Gadzhiev ◽  
◽  
Elena A. Voinikanis ◽  
Keyword(s):  
Human Rights ◽  
Critical Issue ◽  
Specific Mode ◽  
Constitutional Order ◽  
Basic Law ◽  
The Relationship

The article discusses the specific mode of existence of values – balancing or op­timization when it comes to deontological values. The authors using examples of values such as the principles of law and human rights, the rules of balancing are analyzed, which, according to G. Hart's classification, are secondary norms. The critical issue for the legal balancing procedure is the relationship between legal reality and values as such. Are the constitutional and legal values set by the Basic Law (Constitution), or do they objectively exist in society as a general (pre-constitutional) order of values? Should the Basic Law be confined to its own text and remain value-neutral in this sense? Are legal values purely deonto­logical, or can they be related to utilitarian goals and interests? The second part of the article explores the value of balancing as one of the methods for resolving the most complex legal conflicts. The well-known dispute between J. Habermas and R. Alexy about the admissibility of balancing of human rights demonstrates how complex and philosophically rich the legal balancing procedure is. Based on Luhmann’s concept of the cognitive openness of law, at the end of the article, the authors substantiate their own position on the role of values in modern justice.

THE ROLE OF THE UNITED NATIONS IN PREVENTING HUMAN RIGHTS AND SEXUAL ABUSE IN JAMMU-KASHMIR CONFLICT

2021 ◽  
pp. 1-15
Author(s):  
Foday Yarbou
Keyword(s):  
Human Rights ◽  
International Community ◽  
Theoretical Explanation ◽  
Territorial Disputes ◽  
Jammu And Kashmir ◽  
Human Rights Abuses ◽  
The People ◽  
Human Rights Abuse ◽  
United Nation

AbstractThe conflict between Jammu and Kashmir has acquired a multifaceted character. On one hand, the conflict involves national and territorial contestations between India and Pakistan, and on the other, it entails different kinds of human rights abuses and various political demands by religious, linguistic, regional, and ethnic groups in both parts. This article aims to portrait the images and human rights abuses meted on the people of Jammu and Kashmir. It also urges and pleads to India and Pakistan and all those countries who are taking part directly or indirectly in the territorial disputes or conflict in the region of Jammu and Kashmir to end the conflict. Human rights abuse such as torture, rape, sexual harassment, murder, and unnecessary killings of the people of this region were all condemned by the author of this article. He further requests the international community such as the United Nation to take a bold step in settling the conflict in that region by passing an effective resolution at the international level that will put an end to the conflict. In this article, the author uses a qualitative research method to explore different journals and write up of scholars in finding tangible solutions to the conflict in Jammu and Kashmir. The author also uses a theoretical explanation in the article. The result of this article intends to see that all the main concerning points raised in this write-up are fully considered and implemented by the United Nation in bringing peace and stability in the region of Jammu and Kashmir. Conflict in this region has become a worrying issue in the international community and the necessary steps should be taken to bring it to halt.

scholarly journals JURIDICIAL REVIEW ON THE IMPLEMENTATION OF INVESTIGATIONS BY CIVIL SERVANTS INVESTIGATIONS IN IMMIGRATION CIVIL SERVANTS IMMIGRATION OFFICE SPECIAL SOEKARNO-HATTA

2019 ◽  
Vol 2 (1) ◽  
pp. 13-22
Author(s):  
Badai Yogaswara W. S. M ◽  
Muhammad Azzam Alfarizi ◽  
M. Judo Ramadhan Sumantri
Keyword(s):  
Human Rights ◽  
Human Resources ◽  
Development Strategies ◽  
Civil Servants ◽  
Human Smuggling ◽  
Kuala Lumpur ◽  
Competency Development ◽  
Conceptual Approach ◽  
The People

Departing from the increasingly widespread problem of People Smuggling, both in the form of organized and unorganized crime networks, both inter-state and domestic as a whole is a threat to the norms of life based on human rights. In this case the role of the immigration officer as the gatekeeper in the country's traffic in the case of people entering / leaving Indonesian territory, as in 2015, the People Smuggling case was successfully revealed by the Immigration Officer within the Soekarno-Hatta Airport Airport I, where immigration officers found three people women wearing fake passports who were about to leave for Kuala Lumpur with perpetrators Laila Yunita and Jamal Al Khatib. This writing aims to analyze the causes and effects of human smuggling, as well as examine the serious efforts made by PPNS in eradicating People Smuggling, especially in the case of People Smuggling committed by Laila Yunita and Jamal Al Khatib. The research uses a statutory approach, a conceptual approach and a case approach. So that with the case, it will be understood how important the value of legal human resources is in the scope of immigration in the context of national law development, as a breakthrough in competency development strategies  

scholarly journals Role of Documentation and Legal Information Network (JDIH) Efforts in Fulfillment of Human Rights

2018 ◽  
Vol 1 (2) ◽  
pp. 371
Author(s):  
Dewi Sukmaningsih
Keyword(s):  
Human Rights ◽  
Communication Technology ◽  
Information Network ◽  
Legal Information ◽  
The People ◽  
Presidential Decree ◽  
Information And Communication ◽  
Protection Of Human Rights ◽  
The Right

Indonesia is a country of law, and one of the characteristics of a state of law is the guarantee and protection of human rights, one of which is the right to obtain information, including the legal information that is information about the legislation both national and local. The principle of fiction (fictie) law states that any person considered to determine the existence of a legislation after its enactment, the ignorance of the people on the legislation, can not be excused. To that end, legislation information should be easily accessible. Issuance of Presidential Decree No. 33 of 2012 on Information and Documentation Network of National Law (JDIHN) isin order to fulfill the right to obtain legal information, especially information legislation. Management of Legal Documentation and Information Network by utilizing information and communication technology (ICT) makes legal information can be accessed quickly, easily, complete and accurate, thereby supporting the fulfillment of human rights, namely the right to obtain legal information properly.Keywords: Documentation and Legal Information Network, Efforts, Fulfillment, Human Rights

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