The Excuse of (Il)legality in Discriminating and Persecuting Religious Minorities: Anti-Mosque Legal Violence in Myanmar

2021 ◽  
Vol 8 (1) ◽  
pp. 108-131
Author(s):  
Nyi Nyi Kyaw
Keyword(s):  
Rule Of Law ◽  
Public Spaces ◽  
Public Order ◽  
Language Resources ◽  
Local Authorities ◽  
Religious Minorities ◽  
The Rule Of Law ◽  
Legal Violence ◽  
Religious Buildings ◽  
Private Homes

AbstractThis article highlights the convenient excuse of (il)legality used by (1) religious majoritarian mobs to justify attacks against places of worship and religious buildings of minorities; and (2) police and local authorities to absolve themselves of the failure to uphold public order and the rule of law, protect religious minorities, and to punish religious minorities. This article traces the emergence of legal violence in the form of anti-mosque vigilante extremism in Myanmar from 2012 onwards and analyzes cases of attacks against: (1) “illegal” mosques; (2) madrasas being used as or reconstructed into mosques; (3) buildings allegedly being constructed as mosques; (4) private homes and public spaces being used as mosques; and cases of (5) closed mosques not being allowed to reopen. The author primarily used Myanmar-language resources as well as interviews to conduct the research.

The Politics of Public Order, 1795–1802

2014 ◽  
Author(s):  
Howard G. Brown
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Liberal Democracy ◽  
Public Order ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Road ◽  
Basic Law ◽  
National Convention ◽  
New System

The Thermidorian National Convention, despite some efforts at ‘transitional justice’, failed to master the legacies of the Terror. Therefore, the fledgling regime needed to impose the new republican political order while also restoring basic law and order—two tightly entwined tasks. The Constitution of 1795 articulated a liberal democracy based on the rule of law, but political instability and endemic lawlessness led first to multiple violations of the constitution, especially in the wake of elections, and a steady shift from democratic republicanism toward ‘liberal authoritarianism’. This shift received added impetus during waves of repression intended to restore order on strictly republican terms. The result was the creation a new ‘security state’, one that combined coercive policing, administrative surveillance, exceptional justice, and militarized repression. The emergence of the new system helped to restore order, and thereby to legitimize the Consulate, but it also paved the road to personal dictatorship in 1802.

Against the Witness: Hindu Nationalism and the Law in India

2016 ◽  
Vol 15 (1) ◽  
pp. 172-189
Author(s):  
Moyukh Chatterjee
Keyword(s):  
Rule Of Law ◽  
Political Regime ◽  
Hindu Nationalism ◽  
Mass Violence ◽  
Legal Form ◽  
Religious Minorities ◽  
The Rule Of Law ◽  
Lower Courts ◽  
The Law ◽  
Ethnographic Analysis

In the aftermath of anti-Muslim violence in Gujarat, India, in 2002, NGOs and activists encouraged survivors to testify against Hindu perpetrators in court. Through an ethnographic analysis of a criminal trial in the lower courts of Ahmedabad, I show how state officials and perpetrators used legal procedures to transform Muslim survivors into unreliable witnesses in the courtroom. These formal and informal techniques to destabilize Muslim witnesses are best understood not as byproducts of the law’s failure to address mass violence, but as a legal performance of Hindu supremacy. Procedural and positivistic approaches to the rule of law failed to address the law as a performance embedded in the context of Hindu nationalism in Gujarat. Not only do such trials discredit witnesses of mass violence, but they also give a legal form to the subordinate status of religious minorities within a majoritarian political regime.

The Dissolution of Municipal Councils due to Organized Crime Infiltration

2019 ◽  
Vol 5 (2) ◽  
pp. 45
Author(s):  
Filomena Occhiuzzi
Keyword(s):  
Rule Of Law ◽  
Organized Crime ◽  
Central Government ◽  
Administrative Law ◽  
Public Officials ◽  
Local Authorities ◽  
The Rule Of Law ◽  
The Public ◽  
The Republic ◽  
Fundamental Values

: The paper proposal is focused on the evolution of a specific legal instrument, which consists of the Central government’s power to “dissolve” municipal councils in the case of infiltrations by organized crime. In Italian administrative legislation, local councils may be dissolved for several reasons such as the ongoing violation of the law and the neglect of duty, but one of the most debated causes is the interference and the pressure that organized crime may exercise on the members of municipal councils. This specific administrative law instrument is defined in art. 143 T.U.E.L. and is part of a series of public anti-mafia policies. It was introduced in 1991 as an emergency law to cope with the risk of maladministration due to local authorities’ subjugation to criminal power (Mete, 2009). The aim of the dissolution of local councils is to preserve constitutional and fundamental values such as democracy and the rule of law, but it is a very severe legal tool as it affects a democratically elected community. This instrument is also closely related to the prevention of corruption in the public sector, as often the infiltrations by organized crime in municipalities are due to the corruption of public officials. The institution in charge of applying this legal tool is the Prefect, which has the power to enforce the orders of the central government and oversees local authorities. The procedure for the adoption of this instrument involves the major constitutional bodies such as the Parliament, the Ministry of Interior and the President of the Republic.

Legal basis of regulation of inter-confessional conflicts over religious buildings

1996 ◽  
pp. 29-36
Author(s):  
M. Palinchak
Keyword(s):  
Rule Of Law ◽  
Legal Framework ◽  
Religious Institutions ◽  
Legal Basis ◽  
The Rule Of Law ◽  
Religious Buildings ◽  
Paradoxical Situation ◽  
The Media ◽  
The Mind

The experience of Transcarpathia shows that the heads of district and village councils are not well aware of the legal framework for the regulation of inter-confessional conflicts. Legislation in the media is interpreted differently. A paradoxical situation has arisen: by proclaiming a course on the construction of a lawful state, we are still continuing to build relationships between believers of different denominations and trends, believers and non-believers, state authorities and religious institutions, not on the principle of the rule of law - the cornerstone of the rule of law, but appealing to the mind of the crowd believers

Enforcement Jurisdiction in the Mediterranean Sea: Illicit Activities and the Rule of Law on the High Seas

2010 ◽  
Vol 25 (4) ◽  
pp. 569-599 ◽  
Author(s):  
Efthymios Papastavridis
Keyword(s):  
Mediterranean Sea ◽  
Rule Of Law ◽  
Drug Trafficking ◽  
International Terrorism ◽  
Public Order ◽  
The Rule Of Law ◽  
The Public ◽  
Enforcement Action ◽  
The Mediterranean ◽  
Ordre Public

AbstractThe question of jurisdiction over illicit activities in the Mediterranean Sea is the focus of the present article. It is posited that enhancement of the ordre public and the rule of law in the Mediterranean requires the prior establishment of precise, foreseeable and accessible domestic laws, as well as of the requisite jurisdictional nexus between the forum State and the illicit activity. Accordingly, the issue of legislative and enforcement jurisdiction over such activities, such as the smuggling of migrants, drug trafficking and international terrorism will be canvassed. These activities and the threats they pose for the security and the public order of the States bordering the Mediterranean Sea loom large in the current discourse over enforcement action in the region. However, the centre of attention has mainly been enforcement as such, and not the need for prior establishment of enforcement jurisdiction.

Public Opinion, Public Order, and Press Policy in the Neoabsolutist State: Bohemia, 1849–52

2004 ◽  
Vol 35 ◽  
pp. 81-99 ◽  
Author(s):  
Jeffrey T. Leigh
Keyword(s):  
Public Opinion ◽  
Rule Of Law ◽  
Public Order ◽  
Constitutional Theory ◽  
Opinion Formation ◽  
The Rule Of Law ◽  
State Finance ◽  
The Government ◽  
Economic Developments ◽  
Missed Opportunity

In the historiography of the Habsburg monarchy, the era of neoabsolutism, 1849–59, has generally been defined as either a period of reaction or one of missed opportunity when domestic policy was subordinated to the dynasty's great power interests. Historians commenting on this era have made important contributions, mostly in the area of foreign policy, state finance, economic developments, and constitutional theory, and have focused on what could or should have happened had the government chosen various reform agendas. None, however, have investigated the substantial developments then taking place in the alteration of state-society relations in the area of public opinion formation. Their interpretations have therefore missed and consequently masked the neoabsolutist state's pioneering efforts to create a wholly new relationship with the monarchy's disparate lands and peoples founded upon the rule of law under the Stadion Constitution, 4 March 1849, and then the Sylvester Patent, 31 December 1851.

scholarly journals THE ACTIVITY OF THE STATE INSPECTION OF ROAD TRAFFIC OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA AS A SUBJECT OF SECURITY OF NATIONAL SECURITY

2021 ◽  
Vol 6(72) (3) ◽  
pp. 213-220
Author(s):  
Y. V. Kapranova ◽  
G. M. Ovsepyan
Keyword(s):  
Public Relations ◽  
Rule Of Law ◽  
Social Relations ◽  
Road Traffic ◽  
Legal Regulation ◽  
Public Order ◽  
Public Places ◽  
The Rule Of Law ◽  
The Relationship ◽  
Police Activity

The article discusses the main approaches to understanding the essence of the rule of law in general, and in public places in particular, and also reveals its features as a field of activity of the police. The positions of scientists studying the rule of law and other categories related to it in the context of police activities are analyzed. The relationship between law and order and public order is demonstrated. It is concluded that the scope of police activity extends mainly to groups of public relations that make up the essence of public order in a narrow (“police”) sense. Attention is focused on the relationship of the «public» of the rule of law with the place where the actions of the subjects of the relevant legal relations are carried out. The groups of legal relations that make up the essence of the rule of law are identified, the protection of which is provided by the police. The content of the rule of law as a field of police activity has been clarified. Attention is drawn to the primacy of public order and the need for legal regulation of social relations, where civil society cannot or should not self-organize to achieve the goals of social development, create a safe environment for life, and also recognize the police as the main subject of law enforcement in public places.

scholarly journals Niobe and Korah, Different Orders of Time

2019 ◽  
Vol 2 (2) ◽  
pp. 295-305
Author(s):  
Astrid Deuber-Mankowsky
Keyword(s):  
Rule Of Law ◽  
Human Beings ◽  
Time And Space ◽  
The Rule Of Law ◽  
Legal Violence ◽  
Moral World ◽  
Divine Violence ◽  
The Difference ◽  
Critique Of Violence

Abstract Walter Benjamin's critique of violence assumes that violence is deeply intertwined with the division of time and space. Niobe serves as an example that allows Benjamin to give an account of the violent conditions of the order of time that is constituted under the rule of law. The example of Korah helps to illustrate the difference between divine violence and legal violence and to underscore the centrality of time's passage for the moral world. Unlike in the example of Niobe, whose children are condemned to death as punishment for her guilt, the children of Korah receive a new life and do not have to make amends for the guilt of their parents. Bearing in mind Niobe's guilt and her serving as “a stone marking the border (Grenze) between human beings and gods,” and given that Korah's children are spared after Moses has received the commandments, we can think of the boundless destruction of boundaries as opening a new historical order of time and the hope for an overcoming of the anthropocentric logic according to which the positing of law is the positing of power.

scholarly journals Preventive counter-terrorism and non-discrimination assessment in the European Union

2011 ◽  
Vol 22 (2) ◽  
pp. 89-101 ◽  
Author(s):  
Quirine Eijkman
Keyword(s):  
European Union ◽  
Human Rights ◽  
The Netherlands ◽  
Rule Of Law ◽  
Terrorist Attacks ◽  
The European Union ◽  
Religious Minorities ◽  
The Rule Of Law ◽  
Counter Terrorism ◽  
The United Kingdom

AbstractAs a result of the 9/11 terrorist attacks and the bombings in Madrid and London, a prevention-focused counter-terrorism approach has developed across the European Union. Preventive counter-terrorism is appealing because it implies interventions that remove the ability or, better still, the motivation of potential terrorists to carry out their lethal designs. Member states such as the United Kingdom and the Netherlands that primarily have experience in addressing 'home-grown' terrorism, have developed preventive counter-terrorism measures in response. Even though the majority of these laws, regulations and policies recognize the importance of the rule of law and human rights, it remains relevant to examine whether in theory and in practice particular measures have had disproportionate effects on ethnic and religious minorities and thereby violate non-discrimination standards.

Exemptions for Religion or Conscience under the Canopy of the Rule of Law

2017 ◽  
Vol 5 (3) ◽  
pp. 185-213 ◽  
Author(s):  
Rex Ahdar
Keyword(s):  
Rule Of Law ◽  
Freedom Of Conscience ◽  
Religious Minorities ◽  
The Rule Of Law ◽  
Default Position ◽  
The Law ◽  
The Individual ◽  
The Right

This essay endeavours to restate the case for the right to freedom of conscience and religion. Specifically, it seeks to make the case for exemptions from the law of the land for religious believers and similarly-situated citizens who hold sincere conscientious beliefs. The rule of law is not something to be ignored, and carving out exemptions for conscience has been criticized as unfair, anomalous, potentially open-ended in scope, and difficult to administer. I attempt to assuage these legitimate concerns by underscoring the importance of the dignity of the individual and the virtue of protecting religious minorities (and dissenters of all stripes), who challenge the conventions of the day. If the default position is the rule of law, believers face an uphill task. Ultimately, only a truly liberal polity can offer protection to what, in every age, is a fragile liberty.

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