Rule of Law

2017 ◽  
pp. 1262-1277
Author(s):  
Gopala Anjinappa
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Rule Of Law ◽  
Good Governance ◽  
Legal Framework ◽  
Global Dimension ◽  
Vital Role ◽  
The Rule Of Law ◽  
Primary Means ◽  
Economic Imbalances

The world as a whole has developed in the global dimension and has flourished with prosperity. But still one can see the hurdles in the development process. One of such impediments is poverty and the other is the environmental problems. Poverty results in violation of human rights. The rule of law is crucial and is one of the means to strengthen these hurdles. One of such escalation is on the environmental development wherein it strives for achieving sustainable development and eradication of poverty. The rule of law plays a vital role in reducing extreme poverty with emphasizing on human rights. It is the very essence and the core of Good Governance. Without the principles of the rule of law, it will not be enough to achieve sustainable development and eradication of poverty. The rule of law strengthens to provide intense legal framework. It works as an effective mechanism for the enforcement of law. Innovative methods are undertaken to aim in the enforcement of sustainable development and eradication of poverty. The paper implies on effectiveness of the rule of law in providing sustainable development policies. It analyses the legal framework in India that contributes in maintaining economic imbalances. The paper explores the role of Indian Judiciary and the classic Judgments of Supreme Court of India. Keeping in view the importance of sustainable development and eradication of poverty, the paper contributes to explore the significance of the rule of law in achieving the objective of the nation. “Development is one of the primary means of improving the environment for living, or providing food, water, sanitation and shelter, of making the deserts green and the mountains habitable” (Indira Gandhi, 1972).

scholarly journals Rule of Law

2015 ◽  
Vol 6 (1) ◽  
pp. 38-50 ◽  
Author(s):  
Gopala Anjinappa
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Rule Of Law ◽  
Good Governance ◽  
Legal Framework ◽  
Global Dimension ◽  
Vital Role ◽  
The Rule Of Law ◽  
Primary Means ◽  
Economic Imbalances

The world as a whole has developed in the global dimension and has flourished with prosperity. But still one can see the hurdles in the development process. One of such impediments is poverty and the other is the environmental problems. Poverty results in violation of human rights. The rule of law is crucial and is one of the means to strengthen these hurdles. One of such escalation is on the environmental development wherein it strives for achieving sustainable development and eradication of poverty. The rule of law plays a vital role in reducing extreme poverty with emphasizing on human rights. It is the very essence and the core of Good Governance. Without the principles of the rule of law, it will not be enough to achieve sustainable development and eradication of poverty. The rule of law strengthens to provide intense legal framework. It works as an effective mechanism for the enforcement of law. Innovative methods are undertaken to aim in the enforcement of sustainable development and eradication of poverty. The paper implies on effectiveness of the rule of law in providing sustainable development policies. It analyses the legal framework in India that contributes in maintaining economic imbalances. The paper explores the role of Indian Judiciary and the classic Judgments of Supreme Court of India. Keeping in view the importance of sustainable development and eradication of poverty, the paper contributes to explore the significance of the rule of law in achieving the objective of the nation. “Development is one of the primary means of improving the environment for living, or providing food, water, sanitation and shelter, of making the deserts green and the mountains habitable” (Indira Gandhi, 1972).

The Clinton Administration and Africa: A View from Nairobi, Kenya

1998 ◽  
Vol 26 (2) ◽  
pp. 70-74
Author(s):  
Korwa G. Adar
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Rule Of Law ◽  
Driving Force ◽  
Good Governance ◽  
Clinton Administration ◽  
African Continent ◽  
Post Cold War ◽  
The Rule Of Law ◽  
Human Rights Movement

There is nothing more fundamental to Africans who are concerned with the future of the African continent than the issues of democracy, human rights, good governance, and the rule of law. These basic human liberties, among other concerns, constitute the central driving force behind what is often referred to as Africa’s “second liberation.” The primary purpose of this article is to assess the Clinton administration’s role in this second liberation, particularly in terms of its involvement in issues of democracy and human rights. This assessment is offered from the perspective of an individual who has been directly involved in the prodemocracy and human rights movement in Kenya. This article focuses on whether the Clinton administration’s policies are still heavily influenced by classic U.S. conceptions of realpolitik, or if enlightened leadership more in line with a neo-Wilsonian idealpolitik—as official rhetoric suggests—has permitted a fundamental departure in favor of a more coherent and tangible democracy and human rights foreign policy stance in the post-Cold War era.

scholarly journals A human rights-based approach: A gate to development of African women's land rights?

2012 ◽  
Vol 2 (1) ◽  
pp. 99-123 ◽  
Author(s):  
Karin Tengnäs
Keyword(s):  
Human Rights ◽  
International Development ◽  
Rule Of Law ◽  
Large Scale ◽  
Good Governance ◽  
Development Cooperation ◽  
The Rule Of Law ◽  
Land Acquisitions ◽  
Large Scale Land ◽  
Human Rights Based Approach

The global competition for African land is at a historical peak. Local effects of large-scale land acquisitions depend on multiple factors, but women's rights and livelihoods are generally very fragile due to historical and contemporary injustices. Good land governance is important for turning the land acquisitions into equal and equitable development opportunities. The human rights-based approach promotes good governance by adding strength and legal substance to the principles of participation and inclusion, openness and transparency, accountability and the rule of law, and equality and nondiscrimination. By empowering rights-holders and enhancing duty-bearers' capacity, international development cooperation can lead to wider and more gender-balanced inclusion of civil society in negotiations of large-scale land acquisitions and greater adherence of duty-bearers to the rule of law. This is especially important in African countries with large amounts of land and weak legal and institutional frameworks to protect rights, especially those of women.

scholarly journals A Judicial Review of the De Facto Detention of Foreigners in Turkey

2020 ◽  
Vol 10 (2) ◽  
pp. 143-153
Author(s):  
Gamze Ovacik
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Case Law ◽  
Legal Framework ◽  
Court Decisions ◽  
Administrative Practices ◽  
The Rule Of Law ◽  
European Court ◽  
Domestic Law

The term, de facto detention, refers to instances in which foreigners are held or deprived of their liberty usually with a view to preventing their entry into a country or expelling them from a country, but without implementing a legally prescribed detention regime that satisfies the criteria of the rule of law. The first type of de facto detention occurs when provisions regulating detention are absent or deficient in the legal framework. The second type takes place when domestic law sufficiently regulates detention regimes; however, the law is not duly implemented in practice. This article examines judicial practices in Turkey in both categories of de facto detention, analysing 37 Turkish court decisions with supporting case law from the European Court of Human Rights. Focusing on case law makes it possible both to track deficiencies in administrative practices and to analyse judicial response as a tool for rectifying unlawful administrative practices.

Conclusions on Good Governance

2019 ◽  
pp. 270-280
Author(s):  
Henk Addink
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal Theory ◽  
Good Governance ◽  
Building Blocks ◽  
Theory Approach ◽  
The European Union ◽  
Legal Concept ◽  
The Rule Of Law ◽  
The Right

Good governance is a legal concept and a cornerstone of the modern state and presented in the book as the third cornerstone of a modern stone (alongside the rule of law and democracy). We concluded in relation to the development of the concept of good governance in part I that principles of good governance can only be legal principles when they have been somehow codified legal effect. The good governance principles became more concrete by enumerating six groups of principles (properness, transparency, participation, effectiveness, accountability, and human rights) which are found in many documents of national, regional, and international context. From the legal theory approach on good governance we discussed the character of these principles. In part II we specified the principles of good governance and starting with the principle of properness, which has also been developed under the name of the principle of natural justice. The second, the principle of transparency, is connected to the principle of participation which both have roots in the concept of democracy. The principles of effectiveness and accountability both have a relationship to the institutional structure and functioning. The last principle is the human rights principle which is linked to the rule of law but also to democracy. Several principles of good governance were already developed in regulations and in codes which are the building blocks for the development of the right to good governance. The implementation of good governance and the comparison between countries were explained in Part III. After that, the regional level was discussed—the European Union and the Council of Europe were chosen as models as far as it was comparable. The last chapter was about the implementation on the international level.

The Importance of International Environmental Enforcement Networks - INECE as an example

elni Review ◽  
2005 ◽  
pp. 3-7
Author(s):  
Jo J.A. Gerardu ◽  
Durwood Zaelke
Keyword(s):  
Sustainable Development ◽  
Capacity Building ◽  
Rule Of Law ◽  
Good Governance ◽  
Global Scale ◽  
Environmental Compliance ◽  
International Network ◽  
Environmental Laws ◽  
Environmental Enforcement ◽  
The Rule Of Law

There is a need for improved enforcement of environmental laws on a global scale. This is a fundamental component of promoting the rule of law and good governance to achieve sustainable development. The International Network for Environmental Compliance and Enforcement (INECE) is a trans-governmental network that fosters capacity building, education, and enforcement co-operation in furtherance of these goals. This article presents some of the results of more than 15 years of INECE activities.

Roundtable of Heads of Government of Commonwealth Africa on Democracy and Good Governance in Africa

1997 ◽  
Vol 41 (2) ◽  
pp. 250-252
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Good Governance ◽  
African Countries ◽  
The Rule Of Law ◽  
History Of ◽  
Heads Of Government ◽  
Opposition Parties

In the Harare Commonwealth Declaration of 1991, Commonwealth Heads of Government committed themselves to the promotion of democracy and human rights, the rule of law, the independence of the judiciary, and just and honest government. They also agreed that the promotion of democracy, democratic processes and institutions would proceed in a manner which reflected national circumstances. This Roundtable provided Commonwealth African leaders with a forum in which to discuss their respective experiences of democratization since the 1991 Declaration and was a ground-breaking exercise, having no precedent in the history of the Commonwealth or any other comparable institution. In preparation for the Roundtable itself, representatives of both governing and opposition parties from 18 Commonwealth African countries met and agreed the following Report which seeks to crystallize the aspirations of the Harare Declaration.

scholarly journals The “Thick” Rule of Law and Mutual Trust in the European Union

2019 ◽  
Vol 18 (1) ◽  
pp. 1-17
Author(s):  
Juha Raitio
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Good Governance ◽  
Mutual Trust ◽  
The European Union ◽  
The Rule Of Law ◽  
Material Concept ◽  
The Eu

The concept of the rule of law has lately become a topical and controversial issue. For example, the existence of effective judicial review is an inseparable part of the rule of law and some problems in this respect have been analysed. This article advocates for a thick concept of the rule of law. This refers to the idea that the rule of law has both material and formal content. The controversial part seems to be the question of material content and whether it obscures the essential meaning of the rule of law as a requirement of legality. However, the material aspect of the rule of law can be linked to the value-base of the European Union. For example, during its EU Presidency, Finland strongly emphasized the significance of the value base and the rule of law in Article 2 teu for the development of the EU. Democracy, the rule of law, and the actualisation of fundamental and human rights in particular are connected together, combined in a trinity where all the components form preconditions for the others. This stance is not a novelty in Finland, since Jyränki, for one, two decades ago already maintained that human rights protect the individual’s position and thus belong to the sphere of the material concept of the rule of law. I have employed the metaphor of a musical triangle. A triangle can only make a sound if all three of its corners are connected to each other, thereby connecting the sides of the triangle. Observance of the core values of the EU is a precondition for mutual trust between Member States, which in turn is necessary for a well-functioning European Union and good governance.

New Zealand: Country Report on Human Rights

2009 ◽  
Vol 40 (1) ◽  
pp. 57
Author(s):  
Natalie Baird ◽  
Susan Glazebrook ◽  
Sasha Holden
Keyword(s):  
Human Rights ◽  
New Zealand ◽  
Rule Of Law ◽  
Language Education ◽  
Indigenous Rights ◽  
Legal Framework ◽  
Access To Justice ◽  
Country Report ◽  
The Rule Of Law ◽  
The Right

This article provides a country report on the status of human rights in New Zealand. The article covers New Zealand's adherence to the rule of law, culture and language, education system, health system and environmental rights. The authors draw conclusions from each section: New Zealand's commitment to the rule of law is generally strong, albeit with concerns regarding access to justice. Positive developments were undertaken regarding language but disappointing in its indigenous rights. The right to education is generally secure, but some vulnerabilities remain. New Zealand has a generally favourable health services system. Finally, although New Zealand's legal framework does not recognise the right to an environment of a particular quality, the Resource Management Act 1991 provides a strong participatory framework.  

scholarly journals The “Falun Gong Problem”: Politics and the Struggle for the Rule of Law in China

2003 ◽  
Vol 175 ◽  
pp. 623-642 ◽  
Author(s):  
Ronald C. Keith ◽  
Zhiqiu Lin
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal Framework ◽  
Falun Gong ◽  
The Rule Of Law ◽  
Human Rights Protection ◽  
Criminal Justice Reform ◽  
The Us ◽  
Recent Reform ◽  
The Law

This article examines the CCP's “falun gong problem” with reference to PRC law and policy on “heretical cults,” paying particular attention to the implications of this problem for the ongoing struggle to establish human rights under the rule of law. Official PRC commentary contends that the falun gong not only committed criminal acts but also wilfully sought to undermine the rule of law itself. Human rights critics and agencies, such as the US Commission on International Religious Freedom, have, on the other hand, attacked the PRC for a “repressive legal framework” that threatens human rights. The “falun gong problem” is an important chapter in the struggle for the rule of law in China, and it appears that the law has not been able to transcend the conceptual bias of past criminal law on counter-revolution. The related politicization of the law through a revived principle of “flexibility” challenges the internal process of criminal justice reform and the recent reform focus on the balance of human rights protection and public order.

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