Democracy and Child Rights Protection

2017 ◽  
pp. 123-144
Author(s):  
Oluwafifehan Ogunde
Keyword(s):  
Human Rights ◽  
Administrative Law ◽  
Constitutional History ◽  
Child Rights ◽  
Rights Protection ◽  
The People ◽  
Democratic System ◽  
The Will ◽  
The Relationship ◽  
Law Making

The doctrine of constitutional supremacy is well entrenched in Nigerian constitutional and administrative law. A plethora of cases exists to establish the constitution as the supreme law-making instrument in Nigeria. This principle derives strength from a presumption that the constitution is reflective of the will of the people, as is expected under a democratic system of government. The aim of this chapter is to consider the relationship between human rights and democracy in the context of the Nigerian constitution. The first part of this chapter will be a brief overview of the Nigerian constitutional history leading up to the 1999 Constitution of the Federal Republic of Nigeria (as amended). The author will then proceed to examine the 1999 constitution in the context of child rights. The significance of constitutional peculiarities in the context of child rights protection will be considered with reform measures suggested to address any emergent complexities.

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.

Interešu pārstāvniecība. Vēlētāji apspriež Saeimas darbu Latvijas Televīzijas raidījumā “Tautas panorāma”

Letonica ◽  
2021 ◽  
Author(s):  
Sergejs Kruks
Keyword(s):  
Interest Groups ◽  
Political Action ◽  
Political Representation ◽  
Political Activism ◽  
General Will ◽  
Members Of Parliament ◽  
The People ◽  
Individual Strategies ◽  
The Relationship ◽  
Law Making

Keywords: discourse analysis, general will, Latvian politics, political representation, Saeima Latvian citizens are characterised by a very low level of political activism. How can this be explained through an understanding of politics? Prior to the 2018 Saeima (Latvian parliament) election, voters were interviewed on Latvian television discussing the pronouncements of various members of parliament. The researcher explores the relationship between the comments of these voters and the way they feel their interests are being represented by the state’s law makers. Throughout the interviews, voters are critical of Saeima, yet they fail to clearly explain their interests. The generally agreed upon duty of MPs is to discover the general will of the people, and attempt to fulfil this will through law making. In Latvia, the concept of forming interest groups representing the desires of various groups of citizens to create public expressions of their opinions is not considered a viable resource for political action. The citizens being interviewed believe that they cannot expect to have their interests represented by Saeima and prefer individual strategies focused on non-political action.

scholarly journals Economic sanctions and human rights: an analysis of competing enforcement strategies in Latin America

2014 ◽  
Vol 57 (1) ◽  
pp. 197-215 ◽  
Author(s):  
Cristiane de Andrade Lucena Carneiro
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Economic Sanctions ◽  
Deterrent Effect ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
Political Terror ◽  
Using Data ◽  
The Relationship

This article addresses the consequences of economic sanctions for the protection of human rights in Latin America. The literature on sanctions and compliance informs three hypotheses, which investigate the relationship between sanctions and the level of rights protection in two groups of countries: those that were targeted by sanctions and those that were not. Using data from the Political Terror Scale (PTS) and from Freedom House, I find empirical evidence that sanctions do improve the level of protection in countries that were not targeted. This finding can be explained by the deterrent effect attributed to sanctions by the compliance literature, broadly interpreted. The presence of economic sanctions in a given year increases the probability of observing better human rights practices by almost 50%. These results hold for the 12 Latin American countries that were not subject to economic sanctions for the period 1976-2004.

15. Contracts

2021 ◽  
pp. 599-644
Author(s):  
Timothy Endicott
Keyword(s):  
Service Providers ◽  
Administrative Law ◽  
Government Contracts ◽  
Public Agencies ◽  
New Model ◽  
Legal Relationship ◽  
The People ◽  
The Law ◽  
The Government ◽  
The Relationship

Contracts are used to structure the legal relationship between government and private service providers. Contract also forms a new model both for relationships between public agencies and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.

15. Contracts

2018 ◽  
Author(s):  
Timothy Endicott
Keyword(s):  
Service Providers ◽  
Administrative Law ◽  
Government Contracts ◽  
Public Agencies ◽  
New Model ◽  
Legal Relationship ◽  
The People ◽  
The Law ◽  
The Government ◽  
The Relationship

Contracts are used to structure the legal relationship between government and private service providers. Besides this, contract also forms a new model both for relationships between public agencies, and for the relationship between the government and the people it serves. The challenge for the government is to deliver services with integrity, with equity, and with efficiency. The challenge for administrative law is to provide forms of accountability that do what the law can do to promote those goals. This chapter discusses government by contract and proportionate administration, accountability and efficiency, capacity to contract, and how the law controls government contracts.

25. Results and Prospects

2020 ◽  
pp. 681-694
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
Formal System ◽  
Legal Protection ◽  
Political Rights ◽  
European Standard ◽  
Rights Protection ◽  
Civil And Political Rights ◽  
Climate Crisis ◽  
The Relationship

This chapter sums up the key findings of this study on the Convention on Human Rights (ECHR). It suggests that the principal achievement of the Convention has been the establishment of a formal system of legal protection available to individuals covering a range of civil and political rights which has become the European standard. The chapter highlights the measures taken by the Court to decrease its caseload and increase its efficiency in dealing with applications. It also highlights the contemporary challenges facing the Court, including the relationship between States and the Court, the challenge of the rise of authoritarian governments, and the threats to rights protection from the climate crisis.

“Not Taking Rights Seriously”. Opting for the Primacy of eu Law over Broader Human Rights Protection

2015 ◽  
Vol 4 (2) ◽  
pp. 277-302
Author(s):  
Fisnik Korenica ◽  
Dren Doli
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
Protection Of Human Rights ◽  
The Relationship

The European Union (eu) accession to the Convention for the Protection of Human Rights and Fundamental Freedoms (echr) has been a hot topic in the European legal discourse in this decade. Ruling on the compliance of the Draft Agreement on eu accession to the echr with the eu Treaties, the Court of Justice of the eu (cjeu) came up with a rather controversial Opinion. It ruled that the Draft Agreement is incompliant with the eu Treaties in several respects. One of the core concerns in Opinion 2/13 relates to the management of horizontal relationship between the eu Charter of Fundamental Rights (ChFR) and echr, namely Article 53 ChFR and Article 53 echr. The article examines the Opinion 2/13’s specific concerns on the relationship between Article 53 ChFR and Article 53 echr from a post-accession perspective. It starts by considering the question of the two 53s’ relationship from the eu-law autonomy viewpoint, indicating the main gaps that may present a danger to the latter. While questioning from a number of perspectives the plausibility of the cjeu’s arguments in relation to the two 53s, the article argues that the Court was both controversial and argued against itself when it drew harshly upon these concerns. The article also presents three options to address the cjeu’s requirements on this issue. The article concludes that the cjeu’s statements on the two 53s will seriously hurt the accession project, while critically limiting the possibility of Member States to provide broader protection.

scholarly journals “Droit européen“ à la liberté religieuse et paradigmes des relations État- religions dans l’Europe contemporaine: une cacophonie épineuse

2021 ◽  
Author(s):  
Alessandro Ferrari
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
The Other ◽  
Multilevel System ◽  
Rights Protection ◽  
National Models ◽  
Rights Discourse ◽  
The One ◽  
Human Rights Discourse ◽  
The Relationship

SOMMAIRE: 1. Introduction: paradigmes de relations et droit à la liberté religieuse, de l’identité à la tension - 2. Des paradigmes des relations État-Églises au droit à la liberté religieuse - 3. La force attractive des paradigmes dans le scénario européen contemporain - 4. Les paradigmes des relations État-Églises dans la nouvelle arène internationale - 5. Conclusion: une citoyenneté inachevée. The “European Right” to Religious Freedom and Paradigms of State-Religion Relations in Contemporary Europe: a thorny cacophony ABSTRACT: The article examines the dialectic between European national models of religious freedom and the paradigm of religious freedom shaped in the international order and in particular by the human rights discourse. The analysis of the relationship between the modern - national-centered - and the contemporary - individual-centered - paradigm of religious freedom reveals, on the one hand, the difficult but inevitable osmosis between legal systems in a multilevel system of rights protection and, on the other hand, the deep transformation of religious freedom in contemporary Europe.

scholarly journals Demokrasi dalam Perspektif Pendidikan Agama Islam

2021 ◽  
Author(s):  
Aa Wasi'a
Keyword(s):  
Ethnic Groups ◽  
Religious Education ◽  
Islamic Education ◽  
The Past ◽  
The People ◽  
Western Democracy ◽  
Form Of Government ◽  
Democratic System ◽  
The Difference ◽  
The Relationship

ABSTRACTDemocracy in the perspective of Islamic education so far has no concrete definition, the difference between western democracy and islamic democracy, as well as the implementation of democracy that is not in accordance with Islamic teachings, then the problem that will arise is how democracy according to Islamic teachings? How is democracy in Islamic government? And to what extent is the relationship between democracy and Islamic religious education?In the age before Islam entered the people of ethnic groups and nationalities and the existing ties were blood ties. But after the teachings of Islam enter the bonds that apply are religious ties. This is in accordance with the word of Allah Surah Al-Hujrat: 13, Sura Al-Imron: 26 and 159 and Sura As-Shura: 38.Democracy according to Islam is often synonymous with the word musyawarah (shura), largely functioning as a form of government. Even though the reality is actually wider, it functions to all aspects of Islamic life.The democratic system in determining leadership and procedures for appointing leaders according to the Islamic concept as well as the thoughts of scholars on the concept of democracy shows that there are significant differences between western democracy and Islamic democracy, among the differences are western democracy, the highest power belongs only to the people, whereas in Islamic democracy The highest power is in the hands of God (Allah) and the Shari'ah of the past and the people are only as kholifah (representatives) of Allah to manage and manage the State while still relying on the Al-Quran and Sunnah. also Islamic lawThe relationship between democracy and Islamic religious education is very close because in education there is one of the principles of education, namely the understanding of democracy and Islam always puts forward the principle of deliberation in deciding everything.Keywords: Islamic and western democracy, Islamic Government System and Islamic Religious Education

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