scholarly journals CONCEPT OF APPLICATION OF WORKERS 'CONSTITUTIONAL RIGHTS JUSTICE OUTSOURCING

2019 ◽  
Vol 3 (2) ◽  
pp. 164
Author(s):  
Mashari Mashari
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Human Dignity ◽  
Logical Consequence ◽  
State Power ◽  
Constitutional Rights ◽  
Entire System ◽  
State Law ◽  
The Rule Of Law

<p>Indonesia as a state of law, which in the implementation of state power is carried out<br />under the rule of law. The logical consequence, the entire system of administration of state<br />administration must be based on the constitution.<br />1<br /> Every implementation of state or government <br />power is always built by and based on the principles and provisions of the constitution.<br />The Indonesian Constitution states that the human rights of all citizens must not be<br />violated and must be fulfilled. The provisions of Article 1 paragraph (1) of Law Number 39 of<br />1999 concerning Human Rights, which basically says that human rights are rights that are<br />inherent and inherent in every person as God's creatures. As rights inherent in every human<br />person, human rights are gifts that must be respected, upheld, guaranteed and protected by the<br />state, law and government, for the glory and protection of human dignity.</p>

Administrative Law

2004 ◽  
Author(s):  
Jeffrey Jowell
Keyword(s):  
Twentieth Century ◽  
Great Britain ◽  
Procedural Justice ◽  
Rule Of Law ◽  
State Power ◽  
Administrative Law ◽  
Constitutional Rights ◽  
Stages Of Development ◽  
The Rule Of Law ◽  
Legal Control

This chapter examines the stages of development of administrative law in Great Britain during the twentieth century, describing the different attitudes towards the exercise of state power and its legal control over the century. It explains that the century began with a concern for procedural justice and a particular concept of the rule of law, and ended with judicial constraints upon both the procedures and the substance of official decisions, justified by constitutional rights.

scholarly journals The Citizens’ Constitutional Rights Regarding Habitable and Wholesome Environment: Towards a Law State that Protects the Environment

2020 ◽  
Vol 4 (1) ◽  
pp. 81
Author(s):  
Nyoman Satyayudha Dananjaya ◽  
Fuchikawa Kazuhiko
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Due Process ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Human Beings ◽  
Legal Research ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Protection Of Human Rights

This paper aims to examine the protection of the environment in Indonesia which is part of the realization of a law state that guarantees the constitutional rights of its citizens. It is a legal research that reviews Indonesian constitutional and statutory provisions, besides adding a comparative perspective from a Japanese Constitution and legal system. It is found that the concept of a law state in Indonesia does not specifically follow the concept of a law state like what is meant in “rechtsstaat” or “the rule of law”. It has peculiar characteristics which indeed seem to adopt the noble values ??of those two concepts which clearly confesses in the constitution along with the elements and characters stated in it. One of the most prominent characteristics of a law state is the recognition and protection of human rights. In the Indonesian Constitution 1945, human rights as the fundamental rights of human beings have been arranged and compiled which is legally legitimized become constitutional rights. Among human rights, rights related to the environment include essential rights in array of international human rights formulations. Article 28 letter H of the Indonesian Constitution 1945 expressly states the rights to habitable and wholesome environment for citizen. The protection form can be a normative arrangement in the constitution or in a formal juridical through legislation. Protection of citizens' constitutional rights related to the environment is faced with due process of environmental protection that requires consistency in order to achieve the intention and direction of the Indonesian law state itself.

Appointment With Destiny

2006 ◽  
Vol 18 (1) ◽  
pp. 113-120
Author(s):  
Mihajlo Mihajlov ◽  
Keyword(s):  
Human Rights ◽  
Public Opinion ◽  
Civil War ◽  
Ethnic Conflict ◽  
Rule Of Law ◽  
Human Dignity ◽  
The Rule Of Law ◽  
The Balkans ◽  
Independent Path ◽  
Political Persuasion

Apart from Mukovan Djilas, Mihajlo Mihajlov is considered as the most famous dissident in the Balkans--a former prisoner-of-conscience in Tito's Yugoslavia. This brief but comprehensive, autobiographical retrospective recounts some major hilights in Mihajlov's odyssey ushered in by his intellectual travelogue, Moscow Sunmer 1964, first published in full in The New Leader. Mihajlov became an embarrassment not only to Josip Broz Tito and the Soviet leaders, but also to those in die West who landed Tito's "independent path to socialism." Yet others correctly perceived Mihajlov's quest for freedom of thought, speech, press, association, religious, philosophical and political persuasion as a classic benchmark of basic human rights and freedoms characterizing open, pluralistic, democratic polities. Indeed, the Westem press contributed to the pressure of world public opinion, which helped free Mihajlov, and, as he claims, even kept him alive. In a region divided by inter-ethnic conflict and civil war, Mihajlov's struggle for the rule of law and human dignity epitomizes hopes for a better future.

scholarly journals The Changing Role of Nordic Courts

2021 ◽  
pp. 167-183
Author(s):  
Martin Sunnqvist
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Nordic Countries ◽  
Constitutional Rights ◽  
Supreme Courts ◽  
The Rule Of Law ◽  
Changing Role

AbstractThe Supreme Courts in all the Nordic countries reserve, and exercise, the power to set aside unconstitutional laws. In this way, they protect the rule of law and the human rights that are enshrined in their national constitutions. However, they go about this in different ways and treat different constitutional rights in ways distinct from one another. In this chapter, I discuss the development of the diversified judicial review of legislation in the Nordic countries. I also discuss the independence of their judiciaries in the light of the latest developments in Europe. Finally, I discuss the importance of developing standards for the interpretation of case law on these constitutional issues. Recent development brings with it two consequences for Nordic courts: the task of assessing the independence of judiciaries in other EU states, and questions about how the rule of law and the independence of the judiciary can be strengthened at home.

scholarly journals Basic Ideas of State Power Limitation in Political and Legal Doctrine

2017 ◽  
Vol 10 (4) ◽  
pp. 197
Author(s):  
Galina S. Belyaeva ◽  
Boris V. Makogon ◽  
Sergej N. Bezugly ◽  
Marina L. Prokhorova ◽  
Dariusz Szpoper
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
State Power ◽  
The State ◽  
Scientific Concepts ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
The Law ◽  
Basic Ideas

The article deals with some issues of the state power restriction, and the necessity of this is justified. The evolution of state power restriction certain criteria and forms are analyzed in accordance with the emergence of relevant ideas and scientific concepts and their chronology: the restriction of power by another power, self-restraint of state power; the restriction of state power by the law and human rights in connection with the contemporary problems of state power restrictions in a state governed by the rule of law.

scholarly journals Mewujudkan Negara Hukum Indonesia

2012 ◽  
Vol 1 (3) ◽  
pp. 339
Author(s):  
Imam Subechi
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Action ◽  
State Power ◽  
The State ◽  
State Laws ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
Protection Of Human Rights ◽  
Democratic Rule

This Article entitled " the State law of Indonesian" is the result of a study on the conception of characteristic of law states of Indonesian that distinguish the conception of the state laws in other countries. Based on the research results, can be explained even get the effect of various thoughts, but conception of law state of Indonesian different with conception the rule of law and rechtsstaat. This can be search from basic of philosophy, the nature of sovereignty, the powers of state organs, and human rights. There are six main elements of Indonesian law states, namely: 1) Pancasila; 2) supremacy of law;; 3) democratic 4) restrictions and dispersal of state power; 4) independent judiciary; 6) protection of human rights. the statement of Indonesia as a democratic rule of law based on Pancasila then should all forms of civic and social action must be based on the law.Keywords: Pancasila, State of law (the rule of law, rechtsstaat), Democracy, Human Rights

Regspraak: Die konstitusionele hof verwyder die reg van werknemers om nie onbillik ontslaan te word nie uit die beskermingsveld van die handves van regte – grondwetlike gesigspunte

2021 ◽  
Vol 2021 (1) ◽  
pp. 145-159
Author(s):  
IM Rautenbach
Keyword(s):  
South African ◽  
Rule Of Law ◽  
Human Dignity ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
The South ◽  
The Rule Of Law ◽  
Stop Sign ◽  
The Right ◽  
Special Rights

Section 39(2) of the Constitution of the Republic of South Africa, 1996, recognises the existence of rights not protected in the bill of rights. The South African bill of rights protects human conduct and interests extensively. Before the AMCU judgment was delivered, no clear example of a right not protected by the bill of rights had been identified in case law and legal literature. In the AMCU case the constitutional court deviated from previous judgments by holding that the interests of employees not to be dismissed unfairly is not covered by the right to fair labour practices in section 23(1) of the constitution. The court based its finding on textual and contextual interpretive considerations. Its interpretation of section 23(1) was not sound. A narrow, grammatical approach, namely that the text of section 23(1) does not refer expressly to such a right, cannot be followed when the meaning of open-ended constitutional phrases like “fair” labour practices is determined. And an extra-textual reference to the protection of the right in ordinary law is not relevant when the meaning of a constitutional provision is determined. Aspects of human dignity and physical and psychological integrity cannot be removed from the protective ambit of the bill of rights because they are protected by ordinary rules of the law of delict and criminal law. Viewed contextually with the other provisions of the bill of rights, the constitutional right to fair labour practices, like the right to access to housing, food, health and social services, children’s rights and criminal and civil procedural rights, protects other constitutional rights in a particular field, in this case in the field of labour relations. Apart from the fact that it can hardly be contested that every employee has a vital interest not to be dismissed unfairly, many other rights, for example, to human dignity, physical and psychological integrity, economic activity, association and audi alteram partem, may be limited factually by dismissals and dismissal procedures. The scheme and ethos of the South African bill of rights is that these special rights that overlap with the general rights are guaranteed separately. Within this context one of the ironies of the artificial exclusion of a right from the protective ambit of the special right is that its violation may, like in systems without these special rights, be challenged on the basis of the unjustifiable limitation of the general rights. A rule of thumb that the protective ambit of constitutional rights should be interpreted restrictively because the application of the weak rational relationship test as part of the rule of law serves the separation of power principle better than the application of the stricter reasonable test for the limitation of constitutional rights (in the separate concurring judgment of Theron J) is questionable. Whereas legality as part of the rule of law is always complied with when the weak rationality relationship exists, reasonableness in terms of section 36 does not always amount to the application of a stricter test. The existence of a very compelling purpose (to combat a pandemic that threatens life and limb) or a factually slight limitation of a right (to stop at a stop sign) could be the basis of a conclusion that the limitation is justifiable when the weak rational relationship test is complied with. The court’s consideration of proportionality under the umbrella of the application of the weak rational relationship test causes more uncertainty in the present somewhat unruly field of the application of rationality tests.

Social work, human rights and conceptions of human dignity: The case of social workers in Lisbon

2019 ◽  
Vol 18 (3) ◽  
pp. 341-358 ◽  
Author(s):  
Moema Bragança Bittencourt ◽  
Maria Inês Amaro
Keyword(s):  
Human Rights ◽  
Social Work ◽  
Qualitative Analysis ◽  
Social Workers ◽  
Conceptual Understanding ◽  
Rule Of Law ◽  
Human Dignity ◽  
Absolute Value ◽  
The Rule Of Law ◽  
Cultural Construct

This article seeks to explore the conception of human dignity prevailing among social workers in Lisbon through a qualitative-type study. This departs from analysis of the concepts of humanity and the rule of law as guarantees for exercising social work in order to locate the concept of human dignity as a historical, social and cultural construct. The qualitative analysis of the data collected by interviews demonstrates that social workers, while not having a deep-reaching conceptual understanding of this theme, prioritize a Kantian conception of human dignity, perceiving this as an absolute value.

scholarly journals La Unión Europea como unión de valores y derechos : teoría y realidad = The European Union as a union of fundamental values and rights : theory and reality

2014 ◽  
Vol 1 (33) ◽  
pp. 99
Author(s):  
Antonio Bar Cendón
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
Human Dignity ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Derechos Humanos ◽  
Fundamental Values

La UE se fundamenta en un conjunto de valores que son enunciados en el Art. 2 del TUE de manera explícita: el respeto de la dignidad humana, la libertad, la democracia, la igualdad, el Estado de Derecho y el respeto de los derechos humanos. Valores que el mismo precepto considera que son comunes a todos los Estados miembros. Hasta ahora, la protección de estos valores fundamentales se encuentra en el mecanismo previsto en el Art. 7 del TUE. La existencia de este mecanismo no ha logrado, sin embargo, evitar la vulneración de los valores fundamentales de la UE por parte de varios de sus Estados miembros. En este sentido, este trabajo propone la formulación de un nuevo mecanismo —«mecanismo de Copenhague»— que sea capaz de hacer un seguimiento permanente de la actuación de los Estados para evitar que se produzcan esas vulneraciones, pero que sea capaz también de imponer las sanciones más graves a las vulneraciones de estos valores fundamentales, incluida la expulsión de la UE.The UE is founded on a set of values which are mentioned in an explicit manner in Art. 2 of the TEU: respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. Values which the same article states that are common to the Member States. Until now, the protection of these fundamental values is based on the mechanism foreseen in Art. 7 of the TEU. The existence of this mechanism though has not prevented the violation of these fundamental values by several of the Member States from taking place. This is why this article proposes the establishing of a new mechanism - the «Copenhagen mechanism» - which would be able to monitor the performance of the Member States on a permanent basis in order to prevent the violations from taking place, but which would also be able to impose the most serious penalties to the most serious violations of these fundamental values, including the expulsion of the UE.

scholarly journals LEGAL DEFINITION IN THE CONTEXT OF THE PROTECTION OF HUMAN CONSTITUTIONAL RIGHTS

2020 ◽  
Vol 17 (1) ◽  
pp. 59-68
Author(s):  
Ellada Balayan
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Constitutional Law ◽  
Constitutional Rights ◽  
Legal Certainty ◽  
Scientific Methods ◽  
The Rule Of Law ◽  
Res Judicata ◽  
Legal Science

Introduction. In modern legal science, the category of “legal certainty” is understood and interpreted in different ways. Opinions and approaches of scientists differ in designating the type, nature, elements, regulatory burden and the full content of the idea of legal certainty. The significance of the principle of legal certainty in the context of the protection of human rights cannot be considered without taking into account the influence of Roman law on it. The idea of establishing the rule of law for the “expulsion of all injustice” and contradictions is relevant in modern law. Without a broad interpretation of the principle of res judicata, human rights violations cannot be avoided. Purpose. The purpose of the research is to analyze the nature, content of the normative burden of the category “legal certainty”, various theories and approaches to determining its place in the doctrine of constitutional law, in general, in the context of protecting human rights and freedoms, in particular. Methodology. The methodological basis of the study is scientifically developed and applied in practice, the main scientific methods, such as the dialectical method of cognition, which allows you to analyze all phenomena and processes in their development, the relationship and interdependence, as well as general scientific and private scientific methods, analysis, specific historical, logical historical, systemic, comparative legal and other methods. The theoretical basis of the study is the work of domestic and foreign experts of constitutional law, the theory of state and law, international law, as well as other areas of legal science. The material of a scientific article is based on the study of various scientific sources: monographs, dissertations, scientific articles, materials of scientific and practical conferences, etc. Results. The category of “legal certainty” in the doctrine is considered in different contexts. The unity of opinion in the legal doctrine exists solely to indicate the important role and significant place of the principle of legal certainty in law-making and law enforcement activities of the state. The normative burden of legal certainty is interpreted more meaningfully, since it covers not only the elements of the supposed stability and clarity of the current legal regulation or the essence of the principle of res judicata, but also the consistency, clarity of the entire system of law, the constancy of law enforcement, the practice of the activities of the judiciary, the integrity and compliance of prescriptions law and legal culture and consciousness of all subjects of legal relations to these requirements. Conclusion. To avoid violations of the constitutional rights and freedoms of man and citizen, as well as non-compliance with the constitutional guarantees of their state, including judicial, defense, to ensure the most harmonious state of legal stability of the individual, society and the rule of law is possible only with the application of this approach.

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