Public Trust, Judicial Independence and the Choice between Rules and Standards in Human Rights Adjudication

2017 ◽  
Author(s):  
Barak Medina
Keyword(s):  
Human Rights ◽  
Judicial Independence ◽  
Public Trust ◽  
Rules And Standards

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis.

2021 ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Judicial Independence ◽  
The Rule Of Law ◽  
European Dimension

Περιμένοντας τους Bαρβάρους. Law in a Time of Constitutional Crisis is not a typical celebratory book offered to the dedicatee for an academic jubilee. The studies offered to Professor Mirosław Wyrzykowski present the readers with essays analysing the most pressing problems of modern constitutionalism in its European dimension. The primary themes of the book are topics dear to Wyrzykowski: the rule of law, human rights, the crooked paths of European constitutionalism, and last, but not least, one that binds them all: judicial independence and judicial review, as well as the role of the courts in upkeeping the rule of law.

16. Introduction to Judicial and Dispute Resolution Functions

Public Law ◽  
2019 ◽  
pp. 484-500
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Dispute Resolution ◽  
Judicial Independence ◽  
Court System ◽  
Public Authorities ◽  
System A ◽  
The United Kingdom ◽  
Administrative Justice

This chapter provides an overview of the themes covered in Part 4 of the book, consisting of Chapters 16 to 20. Chapter 17 examines the constitutional position of judges within the United Kingdom, looking in particular at judicial independence and at the process by which judges are appointed. Chapter 18 looks at redress mechanisms outside the court system—a terrain often referred to as the landscape of ‘administrative justice’. Chapter 19 examines the grounds on which the courts will judicially review the legality of actions taken by public authorities; Chapter 20 examines the use of human rights arguments against these authorities.

Pro-Justice Ethics, Water Scarcity, Human Rights

2009 ◽  
Vol 25 (2) ◽  
pp. 521-540 ◽  
Author(s):  
Richard A. Hughes
Keyword(s):  
Human Rights ◽  
Water Scarcity ◽  
Ethical Theory ◽  
Intrinsic Value ◽  
Public Trust ◽  
Water Privatization ◽  
Human Right ◽  
Water Supplies ◽  
Value Of Water

In my book, Pro-Justice Ethics, I define justice as an act of protesting, preventing, and remedying situations that arouse a sense of injustice. Formally, injustice is the violation of fairness, equality, and dignity; and the experience of injustice activates the justice imperative: “Act so as to promote justice in all situations for all times and places.” The beginning of ethical theory is the critique of injustice.In this essay, I examine current situations of freshwater scarcity from the standpoint of pro-justice ethics. Water scarcity means that the amount of water withdrawn from rivers, lakes, or aquifers is so great that existing water supplies cannot satisfy human and ecosystem requirements. This essay (1) surveys factors of freshwater scarcity, (2) exposes the injustices of corporate water privatization, (3) discusses the concept of sacramental commons in the context of public trust doctrines, and (4) argues for a human right to water in relation to the intrinsic value of water in nature.

scholarly journals Engines of Patriarchy: Ethical Artificial Intelligence in Times of Illiberal Backlash Politics

2021 ◽  
Vol 35 (3) ◽  
pp. 329-342
Author(s):  
Hendrik Schopmans ◽  
Jelena Cupać
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Technological Change ◽  
Gender Equality ◽  
International Organizations ◽  
Gender Norms ◽  
Fundamental Rights ◽  
Ai Ethics ◽  
Human Rights Norms ◽  
Rules And Standards

AbstractIn recent years, concerns over the risks posed by artificial intelligence (AI) have mounted. In response, international organizations (IOs) have begun to translate the emerging consensus on the need for ethical AI into concrete international rules and standards. While the path toward effective AI governance faces many challenges, this essay shifts attention to an obstacle that has received little attention so far: the growing illiberal backlash in IOs. Prompted by Poland's recent rejection of a European position on AI due to the document's mention of “gender equality,” we argue that Poland followed a strategy that illiberal actors now regularly employ in IOs. To combat gender norms and women's rights across issue areas, illiberal contesters first identify the progressive language in international documents and then threaten to veto those documents—unless such language is watered down or removed. This spoiling strategy, we argue, may not only lead to the compromising of fundamental human rights norms but may also prevent much needed rules for AI from being adopted altogether. Against this background, we urge scholars and practitioners concerned with AI ethics to pay closer attention to illiberal backlash politics. IOs are emerging as spaces where progressive AI rules and standards are increasingly contested—and where they need to be defended to safeguard fundamental rights in an age of rapid technological change.

scholarly journals The Coxford Lecture Inhuman and Degrading Treatment: The Words Themselves

2010 ◽  
Vol 23 (2) ◽  
pp. 269-286 ◽  
Author(s):  
Jeremy Waldron
Keyword(s):  
Human Rights ◽  
Ordinary Language ◽  
Proper Treatment ◽  
Evaluative Meaning ◽  
Degrading Treatment ◽  
Evaluative Terms ◽  
Language Meaning ◽  
Rules And Standards

Many human rights charters contain prohibitions on inhuman and degrading treatment of prisoners and detainees. Terms like “inhuman” and “degrading” are difficult to interpret, but they are certainly not meaningless. It is important to attend to attend to the meanings of the words themselves, as well as to the decisions that courts have made about particular practices. Reflection on the meanings of these highly-charged terms reveals important complexity, which we can unpack in a way that enables us to better focus our debate about the proper treatment of prisoners and detainees. Focusing on the ordinary-language meaning of evaluative terms like “inhuman” and “degrading” also helps us approach the relation between rules and standards in law more thoughtfully, as we see why it is important not to let the evaluative meaning of these terms be superseded by the definitions established in the course of their application.

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