Judicialization and the End to Parliamentary Supremacy: Shifting Paradigms in the Protection of the Rule of Law and Human Rights in UK, France and the Netherlands

2013 ◽  
Author(s):  
Gar Yein Ng
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Parliamentary Supremacy

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.

scholarly journals Refugees from Suriname

Refuge ◽  
1984 ◽  
pp. 5-10
Author(s):  
Betty Sedoc-Dahlberg
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Rule Of Law ◽  
International Commission ◽  
Background Information ◽  
The Rule Of Law ◽  
Special Commission ◽  
The Media ◽  
The Creation ◽  
The Military

The Inter-American Commission on Human Rights in Washington published a brief report on the situation of human rights in Suriname in October 1983 following a visit of a special commission in June of that year. The report questions the government's expressed intention to allow for the expression of popular will or to permit freedom in the media. The Commission concluded that serious violations of important human rights occurred. The International Commission of Jurists in Geneva also published a report entitled "Human Rights in Suriname" which concluded that "the chain of events since 1980 demonstrates an escalation in the military authority's disregard for the rule of law, which is set aside whenever they consider it necessary for the consolidation of their position. " This characteristic report provides background information to the creation of refugees from Suriname in the Netherlands.

scholarly journals La primauté du droit. L'origine du principe et son évolution dans le contexte de la Charte canadienne des droits et libertés

2005 ◽  
Vol 27 (3) ◽  
pp. 685-710
Author(s):  
Sonia Pratte
Keyword(s):  
Human Rights ◽  
19Th Century ◽  
Rule Of Law ◽  
Canadian Charter ◽  
The Rule Of Law ◽  
Royal Power ◽  
Parliamentary Supremacy ◽  
To Come ◽  
The 19Th Century ◽  
Unwritten Law

The rule of law is one of the foundations of our society. In England where it first developed, it symbolized the subjection of royal power to new parliamentary supremacy. Towards the end of the 19th century, A.V. Dicey provided the concept with a description expressed in three well-known premisses. As a component of unwritten law in Canada, the rule of law was to experience many interpretations until finally it was enshrined in the preambule of the Canadian Charter. Henceforth a part of the Constitution, it would now acquire a more formal meaning in its applications to parliaments, administrative acts in general and even to royal prerogatives. Furthermore, the rule also carries with it a content that will be more precisely defined by the courts in years to come. The rule of law now is a dynamic concept that can be placed in the service of protecting and promoting human rights.

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

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