scholarly journals GEOPOLITICAL LEGAL ENTITY OF A PERSON AS A MEMBER OF A TERRITORIAL COMMUNITY

2021 ◽  
Vol 2 (5) ◽  
pp. 41-51
Author(s):  
D. O. Bobrovnik
Keyword(s):  
Human Rights ◽  
Local Government ◽  
Rule Of Law ◽  
The State ◽  
Public Institutions ◽  
Legal Personality ◽  
Legal Standards ◽  
The People ◽  
Territorial Unit ◽  
The Rich

The article contains a study of the geopolitical legal personality of man as a member territorial community. The article defines the concepts of legal personality in view of the set of rights and responsibilities of a special entity – a member of the territorial community. The article contains general theoretical features and definitions of the term "member of the territorial community". It is determined that geopolitics in the context of the formation and implementation of the legal personality of the territorial community also involves Ukraine's approximation to European (international) legal standards of local government, because the territorial community is the primary subject of local government, and geopolitics, in turn, involves understanding , recognition and research of the territorial community not only within the Ukrainian experience, but also using the rich municipal experience of European states, in particular the states of the Romano-Germanic legal system, or states belonging to the continental legal family. It is noted that the correctness of creating optimal administrative-territorial units in the state (by separating or combining them), and the definition and institutionalization of one territorial community in one administrative-territorial unit – will ensure decentralization of management, maximum proximity to the people of public institutions and, accordingly, will allow to effectively address urgent issues of people's lives, the provision of quality administrative and public services to residents of villages, towns and cities. The ways which will provide formation of both geopolitical legal personality of territorial community, and will establish formation of geopolitical legal personality of the person as a member of such territorial community, uniting in this process local, regional, national, macroregional and universal (global) factors are offered. and tendencies based on the principles of democracy, decentralization, rule of law, priority of human rights and freedoms over the rights of the state

scholarly journals LAW POLITIC OF ADMINISTRATIVE COURT JUDICATURE IN INDONEESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 47
Author(s):  
Wahyu Mukti Beny Setiyawan ◽  
Fitriya Desi Wulandari
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
The Rule Of Law ◽  
The People ◽  
The Law ◽  
Administrative Courts ◽  
Administrative Justice

Law politic present at the point of encounter between living realism and the demands ofidealism. Political law concerns on an ideal or hope, then there is a legal vision that is setin advance, then the form and content of the law are built to realize that vision. Theurgency existence of administrative justice in realizing the rule of law encourages thegovernment to establish a legal system in the field of administrative justice through theestablishment of Law Number 51986 about State Administrative Courts, which is thefoundation for the establishment of a State Administrative Court in Indonesia. In theexplanation of Law Number 5 of 1986 stated that the State Administrative Court was heldin order to provide protection to the people seeking justice, which felt themselves to beharmed by a State Administrative Decision. Principly, a country is expected to giveprotection for the human rights of its citizens

People’s Movement in Odisha: An Assessment

2017 ◽  
Vol 63 (2) ◽  
pp. 265-283
Author(s):  
Subhendu Ranjan Raj
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Civil Disobedience ◽  
The State ◽  
State Governments ◽  
Growth Strategies ◽  
Protest Movements ◽  
The People ◽  
The Government ◽  
Set Up

Development process in Odisha (before 2011 Orissa) may have led to progress but has also resulted in large-scale dispossession of land, homesteads, forests and also denial of livelihood and human rights. In Odisha as the requirements of development increase, the arena of contestation between the state/corporate entities and the people has correspondingly multiplied because the paradigm of contemporary model of growth is not sustainable and leads to irreparable ecological/environmental costs. It has engendered many people’s movements. Struggles in rural Odisha have increasingly focused on proactively stopping of projects, mining, forcible land, forest and water acquisition fallouts from government/corporate sector. Contemporaneously, such people’s movements are happening in Kashipur, Kalinga Nagar, Jagatsinghpur, Lanjigarh, etc. They have not gained much success in achieving their objectives. However, the people’s movement of Baliapal in Odisha is acknowledged as a success. It stopped the central and state governments from bulldozing resistance to set up a National Missile Testing Range in an agriculturally rich area in the mid-1980s by displacing some lakhs of people of their land, homesteads, agricultural production, forests and entitlements. A sustained struggle for 12 years against the state by using Gandhian methods of peaceful civil disobedience movement ultimately won and the government was forced to abandon its project. As uneven growth strategies sharpen, the threats to people’s human rights, natural resources, ecology and subsistence are deepening. Peaceful and non-violent protest movements like Baliapal may be emulated in the years ahead.

APPLICATION OF THE RULE OF LAW IN JUDICIAL PRACTICE

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Relations ◽  
Political Power ◽  
Early Stage ◽  
The State ◽  
Broad Sense ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Judicial Practice

The article defines the concept of the principle of the rule of law both in the narrow and broad sense. In the narrow sense, the principle of the rule of law is understood as the rule of law over legislation, and in the broad sense - as the rule of law over the state, state arbitrariness. Different approaches to disclosing the content of the principle of the rule of law in national and European legal doctrines are systematized. The lack of a single generally accepted concept of the principle of "rule of law" is emphasized. The decisions of the European Court of Human Rights are analyzed; attention is focused on their interpretation of the rule of law. The realization of the principle of the rule of law, primarily presupposes the domination of inalienable and inviolable human rights and freedoms over the political power of the state, and also requires quality laws and observance of the principle of legal certainty. The interpretation of the principle of the rule of law in the decisions of the Constitutional Court of Ukraine is considered. The CCU emphasizes that the rule of law is first and foremost the "rule of law in society"; characterizes the principle, linking it to the ideas of social justice, freedom and equality, without which it is impossible to imagine true human development and existence. The Constitutional Court calls justice as one of the basic principles of law, which is crucial in defining it as a regulator of social relations, one of the universal dimensions of law. Examples of application of the rule of law in the practice of the Supreme Court of Ukraine are given. Judges not only make a formal reference to the rule of law, but also try to analyze and disclose the content of its constituent elements (requirements) within a specific legal case. The main problems that hinder the effective implementation and realization of the rule of law in judicial practice are identified, namely - the lack of proper regulation and official interpretation; low quality of laws and legislative process; excessive number of conflicting laws; low level of legal awareness and legal culture of Ukrainian society, and early stage of civil society development in Ukraine. It is concluded that the rule of law is a principle whose main content is expressed in the following aspects: ensuring the rule of law over political power; subordination of state institutions to the needs of human rights protection and ensuring their implementation; priority of these rights over all other values of democratic, social, and legal state; preventing the manifestation of arbitrariness of state power, as well as ensuring compliance with the requirements of justice.

scholarly journals The State of Human Rights in Federally Administered Tribal Areas of Pakistan

2016 ◽  
Vol I (I) ◽  
pp. 85-100
Author(s):  
Ahmed Sohail ◽  
Ahmed Fasih ◽  
Zubair Muhammad
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
The State ◽  
Military Operations ◽  
Common People ◽  
The People ◽  
Level Of Satisfaction ◽  
The Common ◽  
Tribal Areas ◽  
Human Rights Violation

The respect of human rights in a society determines the destination of that society or state. It is the level of satisfaction of citizens of a country which convinces them to work for the growth and progress of that state or society. The people of FATA are living under a draconian law which is known as Frontier Crime Regulations (FCR). There is agrave human rights violation of the people of FATA under this law. Freedom of speech, freedom of expression etc. are hampered by the FCR and the common people live under a threat of collective punishment as well. Moreover, due to military operations against the militants in the area, millions of people from FATA have been displaced. At times, there are grave violations of human rights of the displaced persons as well. This paper will explore the state of human rights in FATA in general and evaluates its impact on the Federation of Pakistan. The paper evaluates different instances of human rights violation in various agencies of FATA and their root causes as well.

Definition and content of the right to freedom of conscience

2021 ◽  
Vol 66 (05) ◽  
pp. 145-148
Author(s):  
Ниджат Рафаэль оглу Джафаров ◽  
Keyword(s):  
Human Rights ◽  
Human Behavior ◽  
The State ◽  
Human Beings ◽  
Freedom Of Conscience ◽  
Key Words Human ◽  
The People ◽  
The Law ◽  
The Right

It can be accepted that the classification of human rights, its division, types, and groups, is of particular importance. The syllogism for human rights can be taken as follows: law belongs to man; human beings are the highest beings on earth like living beings. Therefore, the regulation prevails. The right to freedom is conditional. Man is free. Consequently, human rights are dependent. Morality is the limit of the law. Morality is the limit and content of human actions. Therefore, the law is the limit of human activities. Morality is related to law. Law is the norm of human behavior. Thereby, human behavior and direction are related to morality. The people create the state. The state has the right. Therefore, the right of the state is the right of the people. The state is an institution made up of citizens. Citizens have the privilege. Such blessings as Dignity, honor, conscience, zeal, honor, etc., and values are a part of morality and spiritual life. Morality is united with law. Therefore, moral values are part of the law. Everyone has the right to freedom of thought and conscience. Space is about the law. Therefore, everyone has the right to opinion and conscience. Key words: human rights, freedom of conscience, conceptuality, citizenship

What Are Rights?

2012 ◽  
Author(s):  
Aryeh Neier
Keyword(s):  
Human Rights ◽  
The State ◽  
Public Institutions ◽  
Universal Declaration ◽  
Ethical Norms

This chapter looks at how, among those engaged in the promotion of human rights, there is general agreement that rights are an aspect of humanity. They are not dependent on such characteristics as race, nationality, or gender, nor do they depend on a person's presence within the territory of a particular political entity. Rights, most proponents agree, are ethical norms with a legal content that requires that they should be honored and enforced by public institutions. Some rights, it is generally conceded, may be temporarily abridged by the state because of exigent circumstances; others may never be violated, no matter the context or the purported justification. In the view of many of their proponents, the rights set forth in the Universal Declaration of Rights are indivisible.

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

scholarly journals The Need for State Ideology in the State to Ensure Human Rights

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Melnikov Victor Yurievich
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Moral Values ◽  
The State ◽  
History Of Ideas ◽  
Human Society ◽  
The People ◽  
History Of ◽  
The Media ◽  
The Russian Federation

Human society is not a history of ideas, as such, of the activities or the vicissitudes of destinies, the so-called historical personalities acting according to the arbitrariness of their mind and heart. The history of society has its “earthly basis”. This is, first of all, the history of the development of people, their existence, traditions of the people, spirituality, moral values, economic development, rules of conduct, laws of the country in which you live, in short, the ideology of the state and how it is presented by the authorities through the media.  But in Russia, as stated in article 13 of the Constitution of the Russian Federation, "No ideology can be established as a state or mandatory." The same Constitution recognizes “ideological diversity”.  Subsequent postulates of the same Constitution of the Russian Federation refute the foregoing.

scholarly journals “PERAN PANCASILA PADA ERA GLOBALISASI” KAJIAN TERHADAP PANCASILA DAN FENOMENA LGBT (LESBIAN,GAY,BISEXUAL,TRANSGENDER) DI INDONESIA

2017 ◽  
Vol 19 (1) ◽  
pp. 126
Author(s):  
Wawan Setiawan ◽  
Yudhitiya Dyah Sukmadewi
Keyword(s):  
Human Rights ◽  
The State ◽  
The Other ◽  
Religious Groups ◽  
Sexual Deviation ◽  
Other Hand ◽  
The People ◽  
Lgbt Community ◽  
Pros And Cons ◽  
Lgbt People

LGBT phenomenon into a "hot issue" in the international and national levels. LGBT phenomenon in Indonesia would result in the pros and cons of the community. Various groups of people, mainly from religious groups opposed to the existence of the phenomenon. On the other hand, there are also groups that support the LGBT community in Indonesia, the main actors and human rights activists (Human Rights). Most LGBT people found contrary to the noble values of Pancasila, but on the other hand assumes that actors LGBT community is not sexual deviation, and shall have the rights and equality. It is thus necessary to do a study to determine the response of the people of Indonesia respond to the phenomenon of LGBT specifically in this case the younger generation, as well as to determine whether or not the phenomenon of LGBT contrary to the basic values of Pancasila as the State Indonesia.

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