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1
Azuakor, Okwuchukwu. "Human rights and leadership in Africa: the Nigerian connection in Buhari Administration." UJAH: Unizik Journal of Arts and Humanities 20, no. 3 (2020): 151–75. http://dx.doi.org/10.4314/ujah.v20i3.9.
Texte intégralRésumé :
Human Rights are moral norms or principles which describe certain standards of human behaviour. These rights are regarded under municipal and international law as natural and legal entitlements of all individuals and are thus protected. Such rights include right to life, right to social security, right to freedom of thought, right to freedom of speech, right to religious freedom, right to private property, right to democracy, right to gainful employment, etc. The United Nations Universal Declaration of Human Rights lists 30 of such rights. The Nigerian constitution also covers human rights. But leadership in Africa has many times been faced with issues of abuse of human rights; Nigeria not being an exception. This paper is interested in investigating the extent to which these rights have been respected or abused in Africa, but with special focus on Nigeria, and the Buhari administration as the special interest. The theoretical framework is the historical and the tools of enquiry are the critical, the analytical and expository. Recommendations include: evolution of solid political ideology of leadership couched on service for Africa by Africans, demolition of the cankerworm of tribalism in Africa/Nigeria, the elimination of religious fanaticism, education in ideal humanity from earliest childhood, etc.
 Keywords: Human Rights, Africa, Nigeria, leadership, Buhari administration
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Davenport, John. "How Lincoln Scooped Habermas." Res Philosophica 101, no. 2 (2024): 323–57. http://dx.doi.org/10.5840/resphilosophica20241012124.
Texte intégralRésumé :
In opposing Stephen Douglas’s alleged popular right to choose a slave constitution, Abraham Lincoln developed a rudimentary conception of the normative presuppositions of democratic rights that prefigures the theory of popular sovereignty articulated by Jürgen Habermas. While Lincoln was influenced by a civic republican conception of natural rights, and referred to personal autonomy in arguing that some political choices violate the grounds of collective self-governance rights, both Lincoln—as read by Jaffa—and Habermas conceive human rights not as trans-political principles but as linking moral norms with the rule of law (or coordination through political power in general). The comparison shows that Habermas’s approach to the co-originality of civil liberties and democratic rights implies that legitimate secession, revolution, and primary constituent authority must be oriented toward creation of a just legal order. This enriched linkage approach explains why the right to democracy, like the right to basic liberty, is inalienable.
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Allen, Tom. "LIBERALISM, SOCIAL DEMOCRACY AND THE VALUE OF PROPERTY UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS." International and Comparative Law Quarterly 59, no. 4 (2010): 1055–78. http://dx.doi.org/10.1017/s0020589310000448.
Texte intégralRésumé :
In most of Europe, expropriation must comply with the standards set under European human rights law. Article 1 of the First Protocol (‘P1-1’) to the European Convention on Human Rights declares that ‘every natural or legal person is entitled to the peaceful enjoyment of his possessions.’ The European Court of Human Rights has stated that the right would be ‘largely illusory and ineffective’ if it did not guarantee full compensation in all but exceptional circumstances.1It is quite clear, however, that this was not the belief of at least some of the States that had signed it when it came into force in 1954. P1-1 makes no reference to compensation. An interference must be lawful, and in the public or general interest, but there is nothing that expressly requires compensation. Nevertheless, the Court has declared that any interference with the right to the peaceful enjoyment of possessions must strike a ‘‘fair balance’ between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights’,2and this means that expropriation without compensation that is reasonably related to the value of the property would normally violate the owner's rights under P1-1.3
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Gierycz, Michał. "The Crisis of Human Rights. On the Importance and Timeliness of their Catholic Critique." Chrześcijaństwo-Świat-Polityka, no. 28 (November 25, 2024): 74–92. http://dx.doi.org/10.21697/csp.2024.28.1.05.
Texte intégralRésumé :
Human rights, as they developed after the Second World War, were intended to protect the objective goods necessary for the development of the human person. As such, they represented an attempt to restore modern politics’ access to the natural moral law. Although human rights are now treated as a “litmus test” for the legitimacy of democracy, their very nature is undergoing a metamorphosis. Along with demands for the recognition of abortion as a human right and same-sex relationships as marriage, they are even becoming a negation of a universal moral law. This article discusses, with reference to the Catholic critique of human rights, the possible reasons for the metamorphosis of human rights that is taking place before our eyes, as well as possible ways out of the “dead end” of the practical negation of human dignity.
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Koperek, Jerzy, Adam Koperek, and Abraham Kome. "TODAY’S THREATS OF HUMAN RIGHTS IN THE CONTEXT OF PROTECTION OF THE RIGHT TO LIFE." Scientific Journal of Polonia University 29, no. 4 (2018): 128–34. http://dx.doi.org/10.23856/2915.
Texte intégralRésumé :
In the modern world protecting the right to life encounters various obstacles. Personalistic ethics encouraging attitudes pro vita is also taking the dialogue with contemporary philosophical and political currents, including those that do not accept the integral concept of man, but rather they are in favor of his reductionist vision, which in turn it lead to reduced ability to protect human rights, despite their proclamation as the rights of individuals.
 Appearing in this position „anthropological error”, it also leads to a reductionist vision of social structures such as family, society, nation or state. Moreover, such a vision of man and the world around him, it also determines the constitutional dimension of the state. Consequently, this leads to the creation and operation of various forms of democracy that instead create conditions for legal protection of the right to life from conception to natural death, legalize abortion and euthanasia. This is a serious contemporary threat to the right to life.
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XHAFERI, Abla. "Democracy and democratic freedom from a philosophical perspective." Jus & Justicia 15, no. 1 (2021): 114–27. http://dx.doi.org/10.58944/olyp9596.
Texte intégralRésumé :
The system of democracy and freedom has been the ideal of human society stretching from antiquity to the present day. The purpose of this paper is, through research, to reflect within the limits of an article the concepts and attitudes of philosophers and thinkers of different periods regarding these basic elements of social life. In Antiquity, Plato, Aristotle, and Pericles did not have the same attitude towards democracy and governance. Later philosophers like Hobbes and Locke did not conclude in favor of democracy. John Locke and many other philosophers also pointed out the danger that comes to the minority from the “dictatorship of the majority”. Montesquieu supported the position of governing the people through his representatives. Rousseau initiated the theory of sovereignty as the basic condition for the creation of the democratic state, while Carl Friedrich addressed the basic requirements of democracy. Democracy in itself means a certain form of leadership or government, which is carried out in the name and interest of the majority. Democracy guarantees and harmonizes the duties and rights of the individual with those of society. The system of democracy undergoes constant changes in response to the requirements of the time. But in a true democracy, no right of a majority can be absolute. Therefore, the rules of a fair democratic game must be respected and the minority must, in any case, be guaranteed equal rights and opportunities so that, in the future, through free voting, in principle, a majority can be formed. The system of Western democratic standards includes not only the formal declaration of the principle of people’s sovereignty but also the institutionalization of human rights and the creation of real conditions for the people’s wider and more effective participation in the running of their state. The experience of democratic life raises constant demands for the deepening of democracy, which involves very important problems. People’s relations with freedom have been and remain the subject of philosophical studies, about which different opinions have emerged. Spinoza did not accept the restriction of freedom of thought and speech. Loku divided it into natural freedom and freedom in society. For Montesquieu and Rousseau, freedom was the right to do everything lawfully. Kant linked the limits of freedom with the good of the general, while for Niestche, freedom is the will for the independence of unique thoughts on existence.Today’s freedom and human rights theories focus on inclusive participation in social life.
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Chepurchenko, T. O. "Human rights in a democratic society." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 270–76. http://dx.doi.org/10.33663/2524-017x-2021-12-45.
Texte intégralRésumé :
The basic law of our state, which has constitutionally declared itself to be legal and democratic, contains a provision according to which a person is recognized as the highest social value. In view of this, the article characterizes the understanding and content of human rights in a democratic development. It is noted that democratic values are based on human rights and freedoms, which are an integral part of law and legislation. The law must be legal. It is not so if it contradicts fundamental human rights: it does not reflect natural and legal principles; does not comply with generally accepted international legal principles and norms on human and civil rights, etc.These aspects characterize the content of human rights in a democracy. It is emphasized that democracy is first of all a system of carefully prepared and strictly observed laws that regulate all spheres of life of the state, guarantee the rights and responsibilities of citizens. Therefore, the development and strengthening of a democratic, social, legal state is impossible without the establishment of human rights and freedoms. The existence of human rights and freedoms and their guarantee are a kind of external method of limiting power, which always seeks to self-expand and strengthen its presence in all spheres of human life. Under the normal interaction of power and law, which is quite natural in a democratic society and state system, thereis their mutual enrichment. It is then that the provisions and formulas on the «rule of law», «rule of law», «rule of law» acquire real significance. A political regime will be democratic only if it represents the interests of the general population. The political elite must rule in the interests of the majority of society, not for the benefit of the privileged minority. Democracy is based on the value of every human being, so it strives to create civilized living conditions for all citizens. In conclusion, the thesis is emphasized that human rights are a universal category that originates from the very nature of man and his ability to enjoy the basic, most important benefits and conditions of safe, free existence of the individual in society. Keywords: power, democracy, democratic values, law, rule of law, human rights and freedoms.
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Eleanora, Fransiska Novita, and Andang Sari. "HUMAN RIGHTS AND LAW ENFORCEMENT." Lambung Mangkurat Law Journal 4, no. 1 (2019): 114–21. http://dx.doi.org/10.32801/abc.v4i1.83.
Texte intégralRésumé :
Humans born into the world have declared their rights and natural rights as gifts from the Almighty, God and every State must recognize them as legal subjects who must always be respected and protected to realize human values well. Therefore; no one can or can act negatively, including the state or even the authorities or the government. Conceptually, a country that is expected to realize it is only a legal state that is considered legitimate and adheres to the notion of democracy, namely democracy will become a rule and law. The realization of the rule of law is to take action against perpetrators who are proven to have committed crimes and human rights violations. This paper explains that there are still many cases of gross violations of human rights that have not been clearly revealed and the perpetrators have not been given appropriate punishment, by giving sanctions to the perpetrators, so that law enforcement is not realized. The embodiment of the rule of law is that it can capture cases of gross violators of human rights and convict the perpetrators in accordance with the laws that apply in accordance with the characteristics of the rule of law. The problem is whether law enforcement has been realized especially in human rights violations and can be resolved through negotiation, conciliation and mediation.
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Taylor, Leonard. "Catholic Cosmopolitanism and the Future of Human Rights." Religions 11, no. 11 (2020): 566. http://dx.doi.org/10.3390/rel11110566.
Texte intégralRésumé :
Political Catholicism began in the 20th century by presenting a conception of confessional politics to a secularizing Europe. However, this article reveals the reworking of political Catholicism’s historical commitment to a balance of two powers—an ancient Imperium and Sacerdotium—to justify change to this position. A secular democratic faith became a key insight in political Catholicism in the 20th century, as it wedded human rights to an evolving cosmopolitan Catholicism and underlined the growth of Christian democracy. This article argues that the thesis of Christian democracy held a central post-war motif that there existed a prisca theologia or a philosophia perennis, semblances of a natural law, in secular modernity that could reshape the social compact of the modern project of democracy. However, as the Cold War ended, human rights became more secularized in keeping with trends across Europe. The relationship between political Catholicism and human rights reached a turning point, and this article asks if a cosmopolitan political Catholicism still interprets human rights as central to its embrace of the modern world.
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Т., Kotenko. "The formation of human rights and freedoms in the teachings of philosophers of ancient Greece and Rome." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (2020): 127–33. http://dx.doi.org/10.33663/2524-017x-2020-11-23.
Texte intégralRésumé :
The article deals with the historical stages of the creation, development, and formation of a human rights institute. The ideological and theoretical heritage of Ancient Greece and Rome, which is the basis for the study of ideas about justice, social equality, and human freedom, is analyzed based on the analysis of the fundamental ideas of the most famous thinkers of antiquity. It was the philosophers of antiquity who initiated the concept of "natural law", which was formed over the centuries by the desire of man to understand the world, determine his place in society and politics. From the time of antiquity, the concept of human rights gradually began to emerge; Subsequently, the concept of equality, freedom of person, person, and citizen were formed. Ancient philosophers came up with the idea of law in general and the idea of human rights under the requirements of their time and conditions of social development. Over time, the ancient perception of social equality, justice, dignity, independence, and freedom of man became the starting point and benchmark of European political culture. The early period of the development of political and legal doctrines in ancient Greece is associated with the time of the formation of ancient Greek statehood. It was at this time that an attempt was made to give rationalist ideas about ethical and legal order in human affairs and relations instead of mythological ones. It should be noted that ancient Greek views on human rights were formed in mythological ideas about the origin of policies and divine justice. That is why rights come from the divine order of justice, which became the basis for the category equality. Only what corresponded to the concept of equality (within the concept of justice) was understood as right. In ancient Greek politics, customs and mono-norms gradually transformed towards protecting the dignity of citizens. The polite democracy gave impetus to the emergence of freedom, which promoted the emergence of equal political rights among the citizens of this policy. In the Greek city-state, the law first emerged as a specific phenomenon, and the life of the policy began to be compulsory for everyone. Subsequently, the Pythagoreans (VI –V centuries BC) formulated an important role in shaping the idea of legal equality and justice, using numerical proportions, that is, the ratio of certain parameters. The provision that "fair is to pay another equal" essentially introduces the coupon principle. Subsequently, this reflected Solon (7th-6th centuries BC) in his reforms. It eliminated debt slavery and, as a result of the compromise between nobility and demos, introduced a moderate censorship democracy in Athens. All citizens of the policy should equally be protected by the law and obey its mandatory rules (1). Recognized the law as a requirement of legal equality of free citizens of the policy, slaves did not apply the legal rules. Equality was considered in two respects: equality in law and equality before the law. Developed by Roman lawyers provisions in which a person acts as a subject of law, determine the legal status of a person, establish the freedom and formal equality of people under natural law, define Roman citizenship as a special legal status of a person, the distribution of the right to private and public, etc. contributed to the awareness of legal the importance of human rights in the context of the systematic doctrine of the legal nature of the relationship between the individual and the state. Roman law, extending to a state which it regarded as the object of its study along with positive law, ensured a legal relationship between the state and the individual, which was crucial for the development of the institution of the protection of individual rights in the world at that time (14, p. 119). In relation to individuals, the state was not above the rule of law, but directly its component part, which has all the basic properties of a law. The basis of a just and legal relationship between the individual and the state recognized the law, not the state. The individual and the state must be law-abiding subjects of legal relations, that is, act according to the rules of law. Conclusion. To sum up, we can point out that the first theoretical developments and statutory provisions of the law go back to ancient times. The thinkers of Ancient Greece and Rome initiated the basic concepts of justice, equality, autonomy. It was then that ideas about political rights, lawmaking, democracy, and the personal responsibility of citizens were formed. However, freedom was not universal, it did not belong to slaves, and they were not the subjects of relations in the policy. The population of the policies was divided into different social and ethnic groups and accordingly had different legal status. Such inequality was the norm, so the priority was given to a policy or state that was enshrined in legislation. However, in Ancient Greece, there were also certain individual rights of citizens such as the right to speak; private property rights; the right to participate in government; the right to hold office; to participate in national meetings; the right to participate in the administration of justice; the right to appeal against illegal acts, etc. In Ancient Rome, this list was supplemented by the right to bargain, freedom of movement, the right of the people's tribune to veto, the ban on torture, the adversarial process of the lawsuit, etc. Keywords: Antiquity period, city-policies, human rights, legal equality, society, justice.
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Kononenko, Yu S., та S. V. Dzholos. "Absolutization of human rights as a threat to the statehood and the welfare of society. Part ІІІ. Human rights in the international and national acts, and the main rationalistic aspects of their realization". Uzhhorod National University Herald. Series: Law 1, № 78 (2023): 20–32. http://dx.doi.org/10.24144/2307-3322.2023.78.1.3.
Texte intégralRésumé :
The article is devoted to the investigation of the essence and peculiarities of the exposition of the human rights in the international and national acts, and also to the main rationalistic aspects of their realization.The authors say that the modern international system of human rights protection is inefficient. It was emphasized that the responsibility of the state for the violation of human rights before the international organs undermines the authority of the state as the most important guarantor of human rights.The authors pay attention to that fact that the very concept «the violation of human rights» is explicitly politicized and does not take into account the criminality (which constitutes the main domestic threat to a person), and, thus, does not reflects the real situation of the protection of human interests in the state. The real aims of the creation of the concept of human rights were found. It was emphasized that «the protection of human rights and democracy» sometimes acts as a pretext and «justification» of violent overthrow of power, foreign aggression and mass termination of people.The authors say that, in fact, the human rights (and especially the «positive» one) cannot exist without the state. It was found that the absolutization of the natural human rights and underestimation of the role of the state, in fact, returns people to the state of natural savagery and medieval barbarism. The authors emphasize on the collision between the constitutional rules about the recognition of a human as «the main social value» and about the duty of the citizens to defend the Motherland. Also, the authors say that the right of a people to self-determination, as well as the recognition of the nations, who fight for the independence, as the subjects of the international law, in fact, means that the international law justifies the war and the mass termination of people.It was emphasized that, in reality, there are no absolute human rights, so it is senseless to absolutize them. The authors say that the absolutization of the human rights is harmful, especially in the case of the absolutization of the political human rights in general, and such rights as the «natural right of the rebellion» and the «popular sovereignty» in particular. Also, the authors say that the ideas of the popular sovereignty contradict the reality and the historical regularities of the appearance and functioning of the state and law. It was emphasized that human rights are not and should not be an end in themselves, for the sake of which the state power should be weakened, because, in fact, exactly the strong and effective state is the main guarantor of peace, order, security, well-being, civilization and the real provision of the most important human rights (taking into account an adequate understanding their essence, scope and content). The main aspects of the proper provision of the realization by the state of the civil, political, economic, social and cultural rights of a human and of a citizen were determined, etc.
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Szlachta, Bogdan. "The catholic church in liberal democracy." Pro Publico Bono - Magyar Közigazgatás 9, no. 2 (2021): 104–29. http://dx.doi.org/10.32575/ppb.2021.2.6.
Texte intégralRésumé :
The concept of human rights, supposedly of universal importance, is usually derived from the tradition referred to as ‘Western’. Although the ‘classic approaches’ – Greek, Roman and Christian, refer to the norms of natural law, making them the basis or limits of the rights of individuals, in modern approaches the relation is reserved, in the manner that rights become primary to norms. Although liberals of the 17th and 18th centuries consider the law of nature as a tool for their protection, starting from the 19th century, the rights (already called human rights) have been increasingly perceived as positive abilities to articulate own, subjective preferences of individuals. This evolution needs to be accounted for in the studies carried out by representatives of various cultures, since the comprehension of an individual (and even a ‘human person’ as in contemporary Catholic social teaching) as an essentially culturally unconditioned one, is its ineradicable element.
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Carnegie, Allison, and Nikolay Marinov. "Foreign Aid, Human Rights, and Democracy Promotion: Evidence from a Natural Experiment." American Journal of Political Science 61, no. 3 (2017): 671–83. http://dx.doi.org/10.1111/ajps.12289.
Texte intégral
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Hutiv, Bohdan. "EMERGENCE AND DEVELOPMENT OF HUMAN RIGHTS IN ANCIENT GREECE." Visnyk of the Lviv University. Series Law 73, no. 73 (2021): 28–35. http://dx.doi.org/10.30970/vla.2021.73.028.
Texte intégralRésumé :
The article analyzes the emergence and development of human rights in ancient Greece as a socio-historical phenomenon. The author finds that the term «human rights» originated relatively recently and finally became established after the adoption of the Universal Declaration of Human Rights by the UN General Assembly on December 10, 1948, but the ideas of equality and justice were traced in such ancient collections as Hammurabi's Laws, Moses' Laws, Old Testament, Laws of Manu, etc. It is established that the protection of individual rights in ancient times became widespread in ancient Greece, where human rights became a natural consequence of the polis form of democracy and were associated mainly with the concept of citizenship, which provided the equality of all members of the policy in the exercise of rights and freedoms, especially political. Consequently, the existence of human rights, recognized by most ancient Greek thinkers, in particular the principles of equality, justice, freedom and protection of individual rights are traced in the works of Homer, Hesiod, Pythagoreans, Democritus, Sophists (especially Protagoras, Antiphon, Lycophron, Alcidamas of Elaea), Socrates, Plato, Aristotle and Epicurus. Certain human rights provisions were included in the Draconian laws, which restricted the over-interpretation of the law by the archons, as well as Solon's reforms, regarding to, inter alia, the cancellation of the debts of the poor and the granting them of certain rights, including political ones. For ancient Greece, the notion of natural law, founded by Hesiod as a law by nature (feses), is fundamental. The Pythagoreans formulated the concepts of «appropriate measure» and «proportionality» as justice in human relations, which played an important role in shaping the ideas of legal equality of people. Democritus first raised the problem of individual human freedom, arguing that wise and good people, because they are able to comprehend the laws of nature and the highest justice, must live freely. The Sophists established the postulate of the fundamentality of natural law, contrasting it with positive law. Protagoras formulated the maxim: «Man is the measure of all things», which is in fact decisive in the modern concept of human rights and freedoms, where man is proclaimed the highest value. Protagoras and Antiphon substantiated the idea of equality of all people by nature. Alcidamas of Elaea, and later the Stoics developed the idea of equality of all people, including slaves. Lycophron declared personal rights an inalienable natural right. Socrates recognized political freedom, in accordance with the requirements of reason and justice, a beautiful and majestic property for both man and the state. Plato, like Socrates, identified legality (law) and justice. He proclaimed the principle of equality of all before the state, regardless of origin and gender. Aristotle distinguished between distributive and equalizing justice, which is the basis of modern legal understanding. He argued that natural law personifies political justice, which is possible only between free and equal people. Epicurus believed that justice, which comes from nature, is also a socially contractual phenomenon. He substantiated the ethical autonomy of man.
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Gellers, Joshua C., and Chris Jeffords. "Toward Environmental Democracy? Procedural Environmental Rights and Environmental Justice." Global Environmental Politics 18, no. 1 (2018): 99–121. http://dx.doi.org/10.1162/glep_a_00445.
Texte intégralRésumé :
The global trend toward adopting environmental rights within national constitutions has been largely regarded as a positive development for both human rights and the natural environment. The impact of constitutional environmental rights, however, has yet to be systematically assessed using empirical data. In particular, expanding procedural environmental rights—legal provisions relating to access to information, participation, and justice in environmental matters—provides fertile ground for analyzing how environmental rights directly interface with conditions necessary for a functioning democracy. To understand the extent to which these provisions deliver on their lofty aspirations, we conducted a quantitative analysis to assess the relationship between procedural environmental rights and environmental justice, while also controlling for the extent of democracy within a country. The results suggest that states with procedural environmental rights are more likely than nonadopting states to facilitate attaining environmental justice, especially as it relates to access to information.
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Blikhar, M. "Freedom of expression of political views: socio-political and administrative-legal dimensions." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 224–28. http://dx.doi.org/10.24144/2307-3322.2021.69.38.
Texte intégralRésumé :
The article is devoted to the study of socio-political and administrative-legal dimensions of freedom of expression of political views. It is substantiated that the socio-political processes taking place in Ukraine in recent years contribute to the establishment of our state as a legal democracy, one of the key features of which is the effective implementation of the human right to freedom of political expression. The article formulates the definition of "freedom of expression of political views", which is proposed to be interpreted as a natural right of every person to freely express their political views, assess historical events of a political nature and modern political processes and phenomena. The socio-political and administrative-legal dimensions of this concept are considered and it is concluded that the right to freedom of expression of political views is interrelated with other constitutional human rights and freedoms; provides for legislative consolidation and appropriate implementation mechanism; acts as a voluntary act of human activity, which forms him as an active citizen and promotes involvement in the political life of the state. It has been found that freedom of expression of political views is a natural right of every person to freely express his or her political views, to evaluate historical events of a political nature and modern political processes and phenomena in the manner prescribed by law. Finally, considering this concept in the interaction of socio-political and administrative-legal dimensions allows to bring society closer as an association of people with the state as an organization of political power of society, thus helping to consolidate in the legal consciousness of the vast majority of citizens a positive image.
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Pavlo Liutikov, Wiktor Branowicki, Olga Shchypanova, Serhii Yehorov, and Oleksiy Ulyanov. "Human Rights And Freedoms Under The Conditions of Martial State: Legal Regulation, Directions of Improvement." Jurnal IUS Kajian Hukum dan Keadilan 11, no. 3 (2023): 623–33. https://doi.org/10.29303/ius.v11i3.501.
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The crisis in Ukraine, sparked by Russia's intervention in March 2014 and culminating in February 2022, has had a profound impact on human rights not only in Ukraine but also in European Union member nations. It is substantiated that human rights are an effective tool for limiting public power, which prevents its arbitrary action. This attribute makes human rights a distinguishing feature of a democratic state-legal regime, as opposed to authoritarian and totalitarian regimes, which do not accept the natural nature of these rights and identify them with their own will. Protecting human rights under martial law is extremely difficult. The difficulty lies in the fact that protecting human rights under martial law is not an easy task. Therefore, the development of mechanisms for the protection of human rights is a key step in ensuring justice, the development of democracy, and the development of mechanisms for the protection of human rights is particularly important for ensuring justice, the development of democracy and the restoration of peace in our country. A legitimate state must protect people's and citizens' rights and liberties. Even during conflict in a democratic state, it is difficult to abdicate the responsibility to protect human rights. Given the basic nature of this issue, it is vital to control it on a constitutional and legal level. According to Article 3 of the Constitution of Ukraine, the state has an obligation to ensure human rights, which determines the direction of its activity and functional orientation. The state is responsible for the realization and affirmation of human rights. Therefore, martial law cannot be used to waive the obligation to ensure human rights. The Constitution of Ukraine also contains provisions that determine the specifics of the implementation of individual human rights in the conditions of martial law.
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Ghosh, Dhrupadi. "Caste is a Betrayal to Natural Justice, Accommodating Inequality as a Driving License: A Narrative of Oppression in a Parallel of Democracy." RESEARCH REVIEW International Journal of Multidisciplinary 8, no. 5 (2023): 65–73. http://dx.doi.org/10.31305/rrijm.2023.v08.n05.009.
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From dropping out of college seats to analyzing meritocracy the paper explores how the question of caste is essentially Brahmanical which is decided on birth and how ideological state apparatus like family or educational institutions practise caste as a ‘natural component’ to the human life to maintain the status quo of Indian social order. This paper will discover how on the Indian enlivened screen ‘democracy for all’ plays in absentia where caste for few others gets mechanically reproduced with a presence of a protagonist obligated to democracy. It will further analyze the way caste has seeped into democratic institutions to maintain inequality in profession isolating class while overlapping with it. Counter arguments also will appear where caste struggle is seen independently as a form of right separated from the question of dignity. This paper will track down the seed of discrimination that was usurped around 1500 BCE through the line of the struggle between two groups of people and try to do a comparative study on consent and hegemony through the reproduction of the silver screen. If Indian Parliament as an established ruling power incorporates equality, then caste goes against the whole idea of Parliament. Interestingly often caste politics submits itself to the worship of Parliament to segregate people not by default. It will track down democracy that embeds natural law and rights where caste is a betrayed natural justice. In this paper, the role of humans as genetically engineered beings will be placed against the unnatural component of Brahmanism that is often decided by production relations. It will also discuss how a written code of conduct could replace blood feuds, a power struggle that gave birth to democracy, and caste was born to accommodate inequality. John Locke’s idea of consent of individuals will be discussed further.
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Zientkowski, Przemysław. "Prawa człowieka prawem natury – źródło czy tożsamość? Refleksja nad koncepcją praw człowieka w cywilizacji Zachodu." Świat Idei i Polityki 10, no. 1 (2010): 191–213. http://dx.doi.org/10.15804/siip201010.
Texte intégralRésumé :
Nowadays among the most popular concepts which characterize Western Civilization undoubtedly at the forefront is the idea of Human Rights. Although the enthusiasts of the individual rights’s cult proclaim that their current perspective is the product of modern culture. There is no doubt that sources of Human Rights would have been traced back to Ancient Greek times, in the doctrines of natural law, which was obligatory at that time for everyone and everything. The aim of the article is to present the identity of natural law being the source of Human Rights. This unity firmly survived till the time of the Enlightenment, when the French Revolution and following it positivism destroyed religious connection of Western Civilization contributed to the re-evaluation of existing standards. Perhaps, the current belief in the social and technological progress, the development of the idea of democracy or free approach to human sexuality, force the opposite emphasis on the protection of individual rights as well as strictly legal – doctrinal, which is linked with the increasing number of the present conflicts between conservatism and liberalism.
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Bakri, Raesita Amalia, Violetta Ariyanti Ade Putri, Eko Purwanto, and Agus Danugroho. "Human rights in the framework of Pancasila ideology." Journal of Humanities and Civic Education 2, no. 1 (2024): 42–50. https://doi.org/10.33830/jhce.v2i1.5716.
Texte intégralRésumé :
This study analyzes the concept and implementation of human rights (HAM) within the framework of Pancasila ideology, exploring both theoretical and practical perspectives. It examines the historical and philosophical foundations of human rights, rooted in natural law theory and developed through contributions from figures such as John Locke, Edmund Burke, and Jeremy Bentham, as well as their application in Indonesia’s socio-cultural and legal systems. Employing a descriptive qualitative method, the study utilizes data from academic literature, legal documents, and interpretations of Pancasila, focusing on its principles of Divinity, Humanity, Unity, Democracy, and Justice. The findings reveal that Pancasila integrates universal human rights principles with Indonesia’s socio-cultural realities, guiding the resolution of humanitarian issues and fostering unity in a diverse society. However, challenges such as historical debates over the inclusion of human rights in the 1945 Constitution and contemporary issues like racism and discrimination persist. The study concludes that Pancasila serves as a foundational ideology for upholding human dignity, justice, and equality. To address these challenges, efforts are needed to educate citizens, promote tolerance, and ensure government support for initiatives that strengthen human values and solidarity, highlighting the importance of human rights in achieving national unity, peace, and prosperity.
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Hoult, Jason. "The Freedom of Religion Is a Divine Idea." Svensk Teologisk Kvartalskrift 98, no. 2 (2022): 123–46. http://dx.doi.org/10.51619/stk.v98i2.24620.
Texte intégralRésumé :
In this essay I examine the concepts of democracy and religion as developed by Baruch Spinoza and Jacques Derrida. In taking up the argument for the relationship between philosophy and theology that Spinoza makes central to his Theological-Political Treatise, I undertake to show that, in separating philosophy (what he calls natural knowledge) from theology, Spinoza demonstrates that they are equally based upon moral principles that advocate for the autonomy of all human beings. I also invoke Spinoza's distinction between religion and superstition before turning to Chapter 16 of the Theological-Political Treatise, in which Spinoza demonstrates that political democracy does not have its origin in the state of nature but in the articulation of moral laws that are at once divine and human. Just as the origin of religion is not supernatural for Spinoza, so the civil state does not have its source in the natural evolution of human beings but in a respect for the rights and freedoms of all persons. In developing my argument, I make use of Derrida's concept of religion as well as his notion of the promise of democracy in order to continue to show that the source of both religious concepts and the democratic state in modernity is neither natural nor supernatural but moral. Throughout my paper, then, I point out the relationship between the values that underpin the concepts of religion and democracy for these two thinkers. Consequently, I undertake to show as the overall argument of my paper that biblical religion (as conceived by Spinoza) is democratic in principle in the beginning and that the principles of modern democracy (the rights and freedoms articulated in democratic states, including the freedom of religion) are religious unto the end.
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Ahen. "Making Resource Democracy Radically Meaningful for Stakeowners: Our World, Our Rules?" Sustainability 11, no. 19 (2019): 5150. http://dx.doi.org/10.3390/su11195150.
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This paper has a three-fold purpose: to challenge the current conceptualization of firm-stakeholder engagement, to popularize ‘allemansrätten’, the Scandinavian social innovation tradition for environmental value creation and environmental governance for ensuring ecological balance, and to introduce the concept of usufructual rights and the tutelage of natural resources for promoting human dignity. We underscore the deficiencies in the current stakeholder paradigm by pinpointing the specific essential catalysts that move the stakeholder theory to a new paradigm of a universal stakeownership. This is a quest to ensure the preservation and sustainability of natural resources and life support systems within specific institutional orders. We employ an adaptive research approach based on the Finnish/Nordic ecological case with a focus on the concept of ‘everyman’s right’: Everyone has the freedom to enjoy Finland’s/Scandinavia’s forests and lakes but with that also comes everyman’s responsibility to preserve the country’s nature for future generations. We argue that uncritically valorizing the universalized position of the current understanding of stakeholdership, with its flourish of contradictory and inaccurate characterization of global sustainability, retroactively aborts our ecological ideals from the uterus of preferred futures at the expense of humanity as a whole for the benefit of a few speculators and profiteers. Thus, we are woven into an ecological and economic tapestry whose present and future the current generation is accountable for in the era of universal stakeownership for a crucial evolutionary adaptation. This, however, cannot come about without fundamentally ‘democratizing’ resource democracy from the grassroots and questioning the global power structure that decides on the distributive effects of resources.
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Lind, Andreas Gonçalves, and Dominique Lambert. "L’actualité de la pensée politique de Jacques Maritain cinquante ans après sa mort." Revista Portuguesa de Filosofia 79, no. 1-2 (2023): 509–30. http://dx.doi.org/10.17990/rpf/2023_79_1_0509.
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The commemoration of the 700th anniversary of the canonization of Thomas Aquinas (1225-1274) as well as the fiftieth anniversary of the death of Jacques Maritain (1882-1973) present an opportunity to re-examine the neo-Thomism of the contemporary French philosopher. Our aim here will be to set out the philosophical argument from which Maritain establishes an inseparable link between human rights (i.e., the dignity of the human person) and natural law. We will thus seek to expose how Maritain supports democracy from the horizon of Christian philosophy. In doing so, the Thomistic democracy that Maritain proposes will appear to be distant from both totalitarian collectivism and anarchistic individualism, two current threats to the establishment of an authentic and mature democracy.
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Hartung, William D. "The New Business of War: Small Arms and the Proliferation of Conflict." Ethics & International Affairs 15, no. 1 (2001): 79–96. http://dx.doi.org/10.1111/j.1747-7093.2001.tb00345.x.
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In his “We the Peoples” report issued in conjunction with the September 2000 United Nations Millennium Summit, UN Secretary-General Kofi Annan advocated a re-energized worldwide effort to prevent war by promoting democracy, human rights, and “balanced economic development”—and by curbing “illicit transfers of weapons, money, or natural resources” that help fuel ethnic and territorial conflicts.
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Makarenko, L. O. "Human rights and security in the conditions of modern challenges and threats." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 2022): 123–29. http://dx.doi.org/10.33663/2524-017x-2022-13-19.
Texte intégralRésumé :
In the article, human rights, respect for them, observance and protection are considered as a universal ideal, the basis of progressive development, a prerequisite for stability and stability of society. The need to protect life and health, ensure the inviolability of the person, freedom, and property, turns the task of cognitive and practical solution of this problem into an integral part of the life cycle of a person and society, the functioning and development of political and legal systems. It is noted that human rights are called the core of meaningful democracy. In the last few revolutionary decades, humanity learned a hard lesson: without the protection of human rights, there can be neither democracy nor any justification for democracy. It is emphasized that we live in a time when we have to overcome new threats that have appeared on the historical horizon: pollution and degradation of the global environment, overpopulation, depletion of natural resources, international terrorism, armed aggression, etc. Attention is focused on Russia’s military attack on Ukraine, which took place on February 24, 2022 and is a continuation of the Russian-Ukrainian war launched by Russia in 2014. From the first day of the invasion, Russia has been violating the rules of war and committing crimes against humanity and war crimes on a massive scale, in particular, mass murders, torture and rape of the civilian population, kidnapping and torture of Ukrainian and international journalists, politicians and public figures, deportation of Ukrainian citizens, etc. All these crimes do not have a statute of limitations and require conscientious recording in order to further punish criminals at all levels, compensate for damages, and deputize Russian society. As a conclusion, attention is focused on the fact that the main duty of our state is to ensure human security, which can be achieved only by eliminating the causes of threats to a person, his rights and freedoms. Guaranteeing the safety of individuals, society and the state against external and internal threats requires the creation of appropriate conditions for the implementation of state policy aimed at protecting national values and realizing the national interests of Ukraine. Key words: human rights, security, human security, crimes, crimes against humanity, war crimes.
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Fedyk, Lidiia. "State and legal views of L. Lukyanenko." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 11(23) (June 11, 2021): 47–54. http://dx.doi.org/10.33098/2078-6670.2021.11.23.47-54.
Texte intégralRésumé :
The purpose of the study is to identify the features of state and legal views of L. Lukyanenko through the prism of modern state formation. Methods. The priority research methods were: historical and legal - used to understand the evolution of L. Lukyanenko's ideas about the state and law and the connection of ideas with state-building and law-making activities, specifically-search - in analyzing, updating and classifying archival and printed sources, formally -legal method was used in the study of theoretical and legal heritage of L. Lukyanenko. Results. The main provisions of the state and legal views of L. Lukyanenko are revealed. Determinants among them are the idea of the priority of man over the state and the limitation of the functions of the state to resolve disputes in the field of human rights, democracy is a balance between the people and the government. Democracy is a necessary condition for the formation of civil society. The latter is formed on the basis of structuring society. Especially in a democracy, there are strong political parties that represent the interests of different social groups and to some extent limit power. Scientific novelty. The article examines L. Lukyanenko’s views on the state and law. Determinants of state and legal views are the idea of national elite, democracy and civil society, based on the concept of limited role of the state in favor of natural human rights, and the priority of international human rights law over national. The study shows L. Lukyanenko’s views on the formation of civil society and a democratic state. Practical significance. The problems considered in the work can contribute to the further study of state and legal views of L. Lukyanenko, will help to fill the "Ukrainian historical content" of such categories of legal science as "state", "democracy", "civil society".
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Maryniv, I. I., and K. R. Malik. "Human rights in Muslim law: current issues." Legal horizons, no. 26 (2021): 12–16. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p12.
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The article is devoted to the study of the peculiarities of the legal system of Muslim countries. The author analyzes the essence of the concept of human rights and freedoms in Muslim law, as well as comparative characteristics with the Western legal system. The general principles of law in the Muslim system, due to the peculiarities of its historical formation, establish the criteria of conformity of positive law to the values of a particular society, limiting the action of a law to generally accepted moral criteria. It is noted that certain aspects of Sharia have different meanings for followers of Islam and those who do not adhere to this faith. In a ratio religious and secular rules of conduct operate differently. The author points out that in the theory of Muslim law, all people are equal regardless of their social background, skin color or language. It also speaks of the equality of all before the law and the court, but in practice a completely different situation arises. The article analyzes the disrespect for women's rights and the fact that women are essentially unprotected in Islam. It is noted that human rights, which should be universal in nature, were neglected by delegates to the 1993 UN Human Rights Conference in Vienna. In view of this, Islamic society is faced with the question: either Islam and Sharia, or democracy and human rights. At the same time, no explanation was given as to why one should be chosen over the other. The author proposes to gradually incorporate Muslim law into the law of Western countries, but only with respect for the national and cultural peculiarities of the East. It also highlights the importance of developing categories of human rights in the Muslim legal system, taking into account the standards of the Western concept of human rights and conducting a detailed study of Islamic law, rather than simply adding Western notions of natural human rights to Muslim law.
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Mazurkiewicz, Piotr. "Christian vs liberal conceptions of human rights." Chrześcijaństwo-Świat-Polityka, no. 27 (December 29, 2023): 153–67. http://dx.doi.org/10.21697/csp.2023.27.1.09.
Texte intégralRésumé :
The Catholic Church has traditionally raised four objections to the doctrine of human rights in its liberal version: the lack of reference to God as the source of human rights, individualism, the absence of a list of human duties accompanying individual rights, and the doctrine’s vulnerability to proliferation and creative interpretation of those rights. The paper mainly focuses on the first two concerns. From the point of view of secular liberalism, the idea of God appears as an unnecessary by-product of the process of human evolution. From the point of view of Christianity, creation in the image and likeness of God is the source of man’s inalienable dignity, and serves, at the same time, to safeguard his rights from reinterpretation by the state, should the state consider itself the source of such rights. Christianity presents man as an inherently social being, with two communities, i.e., the family and the nation, that are recognized as natural. Liberal individualism views people as a collection of elementary particles that collide with one another but never connect. The difference is fundamental when it comes to attitudes towards obligations prior to individual decisions, but also when it comes to a person’s emotional backing. The human being, therefore, seeks to create either family-type ties, or merely ones based on a voluntary contract. It is a paradox that the more atomized a society is, the more necessary a strong state becomes to guarantee individual rights and a sense of security in times of crisis. As a result, a system called statist individualism comes to existence. Religion not only reveals the ultimate meaning of human life and the reasons for which it is worthwhile to be human, but it has also been a source of public morality. The liberal concept of neutrality and the privatization of religion reopen the question of the axiological foundations of the state. On the one hand, why, in the end, should people obey state laws when the state itself convinces them that they are morally neutral? On the other hand, this raises the question of the preferred model of education. From the point of view of the state and society, can a culturally and axiologically neutral education, in which children are taught about what is allowed and what is forbidden by law, but not about what is morally right and wrong, be sufficient? One answer suggests that a liberal state conceived in this way is unstable, and able to exist only for a while. The alternative would be a liberal state that is imperfect, culturally charged, and open to the presence of the Church as a public and publicly meaningful authority.
 Benedict XVI, in a discussion on Marcello Pera’s interpretation of the doctrine on human rights, says: “It was only thanks to your book that it became clear to me how much the encyclical Pacem in terris had set a new direction in thinking. I was aware of the strong influence of the encyclical on Italian politics: it gave a decisive impulse to the opening of Christian Democracy to leftist views. However, I did not realize to what great an extent it signified a new premise also to the basis of the party's thinking”. Pera himself believes that the Church, by making the doctrine of human rights part of the Church Magisterium, proclaimed “by virtue of the Gospel committed to her” (Gaudium et spes, 41) has fallen into a “liberal trap”.
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Pyvovar, M., and S. Kira. "Features of the imple¬mentation of the principle of the rule of law in the context of the contemporary challenges of democracy in the conditions of war in Ukraine." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 162–67. http://dx.doi.org/10.24144/2788-6018.2023.06.28.
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The article is devoted to the study of the peculiarities of the implementation of the principle of "rule of law” in the context of challenges of democracy under the conditions of martial law in Ukraine. The main force majeure decisions of state authorities are outlined within quantitative and chronological limits in the context of ensuring the coherence and continuity of the fulfillment assumed by them obligations, and with unconditional observance of the principle of the rule of law. The efforts of the native legislator to provide a formal definition of the definition of «rule of law» in comparison with its international counterpart, which is enshrined in the soft law documents of the Venice Commission, are separately analyzed.
 The authors found out that despite the impressive percentage of implementation of the government's Plan of measures to implement the Association Agreement, in Ukraine, under the conditions of martial law, constitutional rights and human freedoms are temporarily restricted, including: the right to inviolability of housing, to freedom of movement, to freedom of thought and speech, to free expression of one's views and beliefs, rights and legitimate interests of legal entities, etc. At the same time, despite the real existence of the listed restrictions, the latter in no way refer to the limitation of absolute (natural) human rights and freedoms. In the conclusions to the article, it is justified and confirmed that the principle of the rule of law continues to apply even to those rights and freedoms that are limited.
 In order to obtain reliable scientific results and introduce new information to the theory fund, this study used a set of scientific principles and approaches based on general scientific, worldview and special legal methods of cognition, in particular, it refers to such methods as: systemic, hermeneutic, historical - legal, functional and comparative. The empirical basis of the research was made up of national and international legal acts.
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Kroczek, Piotr. "Prywatne stowarzyszenia wiernych. Charakterystyka i etapy powstawania." Analecta Cracoviensia 40 (January 4, 2023): 451–64. http://dx.doi.org/10.15633/acr.4029.
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The right to association is one of the fundamental rights of every human being. The right has the foundations both in the natural and supernatural dignity of man. No one can unjustly deprive of the right in question neither civil, nor ecclesial authorities.The arouse interest of application and realization the right to association could be seen in Poland in recent years especially after year 1989 when the new law on association was issued and made public life more democrat and liberal. The political changes make possible for Catholics in Poland to put the right to association into action.The paper has the aim to bring closer the associations showing the characteristics of the type of associations and presenting step by step how it comes into being. The intention of the paper is to be of help to the faithful who want to establish association and build communio of the Church by its working.The paper consists of the following parts: the first one presents possible distinctions of associations according to a variety of criteria. The second chapter is a description of private association of faithful. The third one elucidates to stages of its origin until it become a church and civil legal person.
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Li, Xingyi. "The Impact of the Spirit of the Scientific Revolution on Human Rights in Modern Constitutions." Transactions on Social Science, Education and Humanities Research 13 (September 26, 2024): 169–74. http://dx.doi.org/10.62051/53hppx79.
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This paper explores the profound impact of the Scientific Revolution on modern constitutional law and human rights. It traces the evolution from early constitutional forms in classical antiquity to the transformative shifts introduced during the Enlightenment. The paper highlights the development of constitutional law from its rudimentary beginnings, such as the Magna Carta, to the more sophisticated frameworks of modern constitutions shaped by the Enlightenment ideals of equality, liberty, and democracy. The Newtonian Revolution's introduction of scientific rationalism—emphasizing skepticism, empiricism, and secularism—played a crucial role in shaping contemporary legal systems. This intellectual shift fostered the rise of legal positivism, which allows laws to evolve in response to societal changes, contrasting with the immutable nature of natural law. Ultimately, the legacy of scientific rationalism is evident in modern legal systems' adaptability and commitment to justice, balancing tradition with progress to address the complexities of contemporary society.
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Bortnyk, Nadiia, Iryna Zharovska, Tetiana Panfilova, Ivanna Lisna, and Oksana Valetska. "Judicial Practice of Protecting Human Rights: Problems of the Rule of Law in a Postmodern Society." Postmodern Openings 12, no. 1 (2021): 102–14. http://dx.doi.org/10.18662/po/12.1/248.
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Human rights issues are present today in almost every area of society and, accordingly, occupy a special place in it. Due to the fact that modern Ukraine is in a transitional state of creating legal, state and public institutions, the process of formation of civil society requires the identification of the nature of legal relations in a transitional period. After all, relations in civil society should be formed on the basis of awareness of the inalienability and non-repudiation of natural human rights. They should be based on the positive legislation of the state. They are the key to the effectiveness of the entire system of social relations. Ensuring human rights is the criterion by which the achieved level of democracy in the state is assessed. The beginning of this process can be called consolidation in the Basic Law of the provision that a person, his life and health, honor and dignity, integrity and security are recognized as the highest social value, and determining the priority of universal values. At the same time, the needs of the present, in fact, directs the development of modern law, is the development of certain general legal standards that allow us to move on to a new qualitative coexistence of nations in the modern world on substantial humanistic principles. In addition to examining the established mechanisms and specifics of protecting everyday human rights, the article examined the new human rights that exist in post-modern society, which today are called the rights of the “fourth generation”.
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ZAITSEV, Yurii. ""I HATE GRILL ON THE WINDOWS"." Contemporary era 6 (2018): 249–57. http://dx.doi.org/10.33402/nd.2018-6-249-257.
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The author offers the reader a document - a unique monument of the political thought of the Ukrainian Resistance movement to the communist regime of the 1960-1980s. The eleven-page manuscript "Ostanne slovo Niny Strokatoi na protsesi v Odeskomu oblasnomu sudi 17 travnia 1972" reveals the opposition's view on the "freedom of speech" in the USSR, the reasons for samizdat (self-publishing), stigmatizing nationalism, and the government's disregard for Ukraine's right to secede from Russia declared by Lenin. The document focused on the need to hand over "senseless censorship" to justice, to stop ignoring the principles of democracy, which "opens the way to tyranny." It emphasizes the urgent need for a critical estimate of imperfections and social distortions, the use of the constitutional right to receive and disseminate information, and the recognition of the indivisibility of freedom and the finality of the realization of the national idea. At the same time, the source shows the way to solve the problem of publicity through the adoption of the law on the press and information, which would specify the constitutionally guaranteed "freedom of speech in general and freedom of the printed word in particular." It meant the transfer of declared guarantees in the field of specific social practice. In response to the charge of acquainting with the work of samizdat stated, "the natural right of intellectuals and scholars to read and preserve any literature." Ukrainian patriotism is characterized as the natural essence of the Ukrainian, "which is inherited, becomes a moral asset, and does not allow to become a bastard, a fatherless, a janissary." Against the background of modern flirting between Western Europe and the Moscow aggressor, N. Strokata's reminder that "hordes of Batu Khan, khans and sultans stopped with Ukrainian blood" is relevant – this allowed European nations to rise so high. She not only convicted the anti-democratic communist dictatorship but also expressed confidence that "better times are already within us." Keywords: independence, nationalism, national idea, samizdat, freedom of speech, censorship, human rights.
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Wildanu, Eka, and Christianty Christianty. "MANAJEMEN PELAYANAN PUBLIK: PROSEDUR PEMBUATAN SIM DI POLRES CIREBON KOTA." SOSFILKOM : Jurnal Sosial, Filsafat dan Komunikasi 12, no. 02 (2019): 64–73. http://dx.doi.org/10.32534/jsfk.v12i02.572.
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Public services carried out by effective governments or corporations can strengthendemocracy and human rights, promote economic prosperity, social cohesion, reducepoverty, improve environmental protection, be wise in the use of natural resources, deepentrust in government and public administration. As a consequence of the implementation ofregional autonomy, the Regional Government is required to improve its performance inorder to provide services to the community. In essence the implementation of regionalautonomy is directed at accelerating the realization of community welfare throughimproving services, empowerment and participation of the community, as well asincreasing regional competitiveness.Keywords: Public Service, Government, Democracy, Resources
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Grynchak, Alla, and Serhii Grynchak. "Human Rights in Islamic Law and the Integration of Muslims in European Countries." Problems of legality, no. 162 (September 29, 2023): 256–78. http://dx.doi.org/10.21564/2414-990x.162.286086.
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The steady growth of Muslim communities in European countries makes possible conflict situations due to the difference between Eastern and Western worldviews. The study of the European experience of finding possible ways to overcome intercultural crisis situations is relevant and expedient from the point of view of possible further implementation into national legislation. To achieve the goal, a set of methods was used: dialectical (for objectivity and comprehensive knowledge of the institution of human rights, taking into account various factors (in particular, religion), formal-legal method (for establishing the content of legal norms, analyzing the practice of their application), methods of analysis and synthesis (for the analysis of the constitutional legislation of foreign countries, which enshrines human rights and freedoms) and others. The comparative legal method was used as the leading one. The article compares Muslim and European approaches to the nature and content of human rights. The key characteristics of the legal status of a person, peculiar to Islamic law, are highlighted in the aspect of bringing such an understanding of human rights to the European environment. The constitutional-legal institution of human rights and freedoms in European states is based on the natural-law concept in the conditions of a liberal democracy and a secular state. Constitutional and legal norms on human rights in Muslim countries establish the inalienable influence of religion. The measures taken by the authorities of European countries are not effective enough. Only compromises, mutual respect for culture and preservation of religious foundations, and the use of primarily legal means of conflict resolution on both sides will help reduce tension and resolve disputes that arise between Muslims and European society. On the basis of the analysis and synthesis of constitutional and legal acts, scientific works, etc., possible ways of avoiding the problems of integration of Muslim minorities in Europe are suggested.
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Muhammad Pengkuh Wedhono Jati. "Konsep Masyarakat Madani Dalam Demokrasi Pancasila." J-CEKI : Jurnal Cendekia Ilmiah 2, no. 6 (2023): 442–47. http://dx.doi.org/10.56799/jceki.v2i6.1756.
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Western democracy that was born by the French Revolution did not bring true people's independence, but gave rise to the power of capitalism, therefore political democracy alone is not enough to achieve true democracy, namely people's sovereignty. There must also be economic sovereignty, which uses the basis, that all income which recognizes the livelihood of the people must be under the responsibility of the people as well. The basis of identity awareness is the embryo of the birth of civilization, whereas if we look at the basis of identity awareness of Western nations (US and Western Europe) the differences are very clear, Western countries: individualist, humanist, secular, while Indonesian society: individual-social, humanist-religious, religious. So it is natural that at the level of implementation, democracy in Indonesia is different from democracy that develops in the West, because the basis for awareness of the identity of the two is very different. Nurcholish Madjid is an icon of Islamic scholars who is considered the most controversial and the most contributive. The main ideas are among the three major themes; Islam, Indonesianness and Modernity. Nurcholish Madjid campaigned for civil society, a concept of society that started from the time of the prophet Muhammad SAW with the principles of egalitarianism, pluralism, equality of human rights and protecting minorities.
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Frankel, Steven H. "Spinoza’s Defense of Democracy and the Emergence of Secularism." Religions 13, no. 11 (2022): 1101. http://dx.doi.org/10.3390/rel13111101.
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Prof. Stephen Strehle’s recent study suggests that modern politics is informed by secularism, which tends to promote hostility toward religion and the desire to purge religion from the public sphere. This essay considers one of the founding documents of secularism and modern political thought, Spinoza’s Theologico-Political Treatise. Spinoza’s account is ambiguous: his theology raises doubts about the truth of revelation even as he argues that salvation, as taught by the Bible, requires the practice of caritas. Spinoza also attempts to separate religion and politics. He grounds political life on universal natural rights and directs it toward the pursuit of comfort and security rather than salvation. This teaching appears to neglect the extraordinary possibilities and peaks of human life, both intellectual and spiritual. Spinoza’s account appears to support Prof. Stehle’s concern that such a single-minded focus on material comfort will lead ultimately to a debasement of humanity, and a confusion or denial of the distinction between high and the low.
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Xia, Yinzhi. "Spinozas Role in Reshaping the Concepts of Power and Rights of Freedom." Communications in Humanities Research 34, no. 1 (2024): 236–42. http://dx.doi.org/10.54254/2753-7064/34/20240166.
Texte intégralRésumé :
This paper examines Spinoza's philosophical contributions to the discussion on democratic governance, emphasising his endorsement of individual autonomy, reason, and natural law, while also criticising authoritarianism. Spinoza's views provide valuable insights into the intricate relationship between human nature, societal structures, and political authority, within the context of historical discussions on freedom and governance. The research seeks to clarify the potential consequences of Spinoza's philosophical framework for modern political thought and practice through analysis. Spinoza argues that persons, being a part of nature, are subject to its laws and have intrinsic entitlements to self-preservation and liberty. He promotes the use of reason in guiding individual behaviour and society organisation, emphasising the significance of rational government. Nevertheless, Spinoza's theory exposes its shortcomings in addressing social disparities and systematic injustices, hence reproducing the biases prevalent throughout his day. Notwithstanding these limitations, his focus on rationality and freedom continues to have a significant impact on current debates over democracy, rights, and social justice. This study enhances our comprehension of the intricacies related to freedom, governance, and societal progress by conducting a thorough examination of Spinoza's works and relevant secondary sources.
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Xia, Yinzhi. "Spinozas Role in Reshaping the Concepts of Power and Rights of Freedom." Communications in Humanities Research 38, no. 1 (2024): 96–102. http://dx.doi.org/10.54254/2753-7064/38/20240166.
Texte intégralRésumé :
This paper examines Spinoza's philosophical contributions to the discussion on democratic governance, emphasising his endorsement of individual autonomy, reason, and natural law, while also criticising authoritarianism. Spinoza's views provide valuable insights into the intricate relationship between human nature, societal structures, and political authority, within the context of historical discussions on freedom and governance. The research seeks to clarify the potential consequences of Spinoza's philosophical framework for modern political thought and practice through analysis. Spinoza argues that persons, being a part of nature, are subject to its laws and have intrinsic entitlements to self-preservation and liberty. He promotes the use of reason in guiding individual behaviour and society organisation, emphasising the significance of rational government. Nevertheless, Spinoza's theory exposes its shortcomings in addressing social disparities and systematic injustices, hence reproducing the biases prevalent throughout his day. Notwithstanding these limitations, his focus on rationality and freedom continues to have a significant impact on current debates over democracy, rights, and social justice. This study enhances our comprehension of the intricacies related to freedom, governance, and societal progress by conducting a thorough examination of Spinoza's works and relevant secondary sources.
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Rios, Roger Raupp. "Democracia, Direitos Humanos e Direito Natural: crítica à tese de John Finnis sobre o casamento homossexual | Democracy, Human Rights and Natural Law: critique of John Finnis' thesis on homosexual marriage." Revista Publicum 4, no. 2 (2018): 11–36. http://dx.doi.org/10.12957/publicum.2018.38629.
Texte intégralRésumé :
Examina-se de modo crítico a teoria da lei natural, de John Finnis, e sua defesa contra a possibilidade jurídica de reconhecimento do direito ao casamento entre pessoas do mesmo sexo, a partir de dois pontos de vista: a consistência interna da do referencial finnisiano e sua adequação diante do debate sobre direitos humanos. Examinam-se também as alegações associadas à defesa finnisiana, desde a proeminência de uma dita moral majoritária e da ofensa aos sentimentos públicos, até preocupações com a “promoção da homossexualidade”, suas consequências pretensamente prejudiciais aos menores e a fragilização da instituição do casamento. Apontam-se seus limites e sua incompatibilidade em face dos ideais democráticos que suplantaram os projetos nazi-fascistas no século XX, tomando como caso emblemático a decisão da Suprema Corte dos Estados Unidos no caso “Obergefell vs. Hodges”.
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Genç, Savaş. "The Role of the OECD and NGO’s in Central Asian Republics by Transforming Their Systems." Caucasus Journal of Social Sciences 2, no. 1 (2023): 49–58. http://dx.doi.org/10.62343/cjss.2009.18.
Texte intégralRésumé :
Central Asia is a region, containing five countries, serving as an important oil and natural gas exporter, being inbetween Russia, China, and Iran. This region has been a subject to several regimes and civiliazations. Latelly it is being transformed to liberal democracy, by the Western influence. NGO-s bear one of the biggest role of injecting democracy to the Central Asia. Supported by the western governments and the support of international organizations such as the UN agencies and the World Bank. This article will talk about the difficulties and role these NGO-s, local and international, play in the democratization of the Central Asian countries, who for ages suffered from the isolation. This has neither been an easy job and nor a safe one. There has been a lot of difficulties but the foreign help in empowering the civil society, has succeeded on the spread of democracy. Transformation from one system to another, in this case from communism to democracy, found these countries unprepared, and thus they needed tranings and preparations for the civil society leaders. In this article I will also explain the role of the Organization for Security and Cooperation in Europe and the Europian Union, in helping the civil society, NGO-s, to transform the country to further democracy, and also the role of these two important institutions in the foundation of democratic and liberal institutions of the Central Asia, like judicial, security, human rights, elections, etc..
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Vuković, Dragomir. "Human and community between traditional and modern." Socioloski godisnjak, no. 5 (2010): 243–55. http://dx.doi.org/10.5937/socgod1005243v.
Texte intégralRésumé :
The focus of this paper is to analyze the relationship of two key phenomena that are equally important for both the man and the community: traditional, on which the identity of man and society is based and the modern (contemporary), which the individual and society is leaning towards. The overlap and the clash of these two complex processes of social and personal growth poses a key question in this paper: What is the relationship between traditional and modern in culture, art, business and politics? How does globalization affect the traditional society? Do the changes and social changes occurring due to development of science and technology, represent a negation of traditionalism? How do sociological disciplines and sciences observe and analyze these phenomena and how much help do they offer in understanding how the man and society cope with this very intensive process, which tends to be mainly generated from the USA? Globalization, mass culture, democracy and human rights (eg the promotion of homosexuality as a natural phenomenon and feminism as a new political movement) need to be analyzed while taking into the regard the relationship between two phenomena.
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Gárdos-Orosz, Fruzsina, and Iván Halász. "Constitutionality and The Special Legal Order." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 273–77. http://dx.doi.org/10.33663/1563-3349-2022-33-273-277.
Texte intégralRésumé :
The Covid 19 disease and its treatment in the national legal systems raised important questions of constitutionality. In this contribution to the anniversary of the independence of Ukraine, we will remember the importance of constitutionality even in situations of danger and extraordinary threats, natural or human attacks on the society, nature and economy. We are facing this situation now in times of the pandemic, the Covid19 virus that attack almost the entire globe. According to the Venice Commission, that made a comparative report about the situation of democracy, rule of law, the protection of human rights in times of the pandemic in Europe [CDL-PI (2005)005rev], the only legitimate aim and legitimate ground for adoption of emergency measures is to help the State overcome an exceptional situation. It is the nature, severity and duration of this exceptional situation which determines the type, extent and duration of the measures that the State may lawfully resort to. Emergency measures should respect certain general principles which aim to minimize the damage to fundamental rights, democracy and rule of law. The measures are thus subject to the triple, general conditions of necessity, proportionality and temporariness. We will fi rst share some basic information about the structure of the special legal orders and their history in Hungary including the Ninth Amendment to the Fundamental Law that will enter into force in January 2023 that aims to change the present structure of the special legal order. In the second part of the presentation, we will show the special legal orders in the Fundamental Law and highlight the relevance of constitutional guarantees.
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Gong, Nan, and Сhangshan Ma. "Formation of identity and protection of the rights of a digital citizen in a digital society." Vestnik of Saint Petersburg University. Law 15, no. 2 (2024): 298–334. http://dx.doi.org/10.21638/spbu14.2024.201.
Texte intégralRésumé :
In the modern era, driven by the information revolution, an individual or individual citizen increasingly presents himself as a “digital person” or a “digital citizen”. The connotation and extension of the rights of an individual (citizen) are also undergoing a deep digital reconstruction. This is how “digital rights” appeared, and “puts on the agenda” the confirmation of identity and the protection of the rights of a digital citizen. It should be noted that digital survival has become the main attribute and the main mechanism of human life, and the problem of identity of a digital citizen arises in accordance with the requirements of the time. A digital citizen is a digital embodiment and digital expression of a natural citizen, carrying within himself the identity, logic of action, as well as the rights and responsibilities of a citizen in digital public life. The imbalance between digital capabilities and technological capabilities has led to the digital citizen facing the dilemma of mechanical isolation, which is especially manifested in the marginalization of the digital citizen in platform architecture, the isolation of the digital citizen from algorithmic decision — making, the objectification of the digital citizen in digital control, the disconnection of the digital citizen in technological capabilities and depersonalization of the digital citizen in technological rationality, etc. The mechanical isolation of the digital citizen poses a serious challenge to the values of equality, freedom, fundamental rights of citizens, as well as democracy and the rule of law. In order to eliminate the mechanical isolation of the digital citizen, strengthen the legal protection of the rights of the digital citizen and preserve the fairness of the digital society, it is necessary to adhere to the principle of the “human — centered” digital rule of law, carry out the legalization and confirmation of the identity of the digital citizen, as well as build a digital democratic mechanism of inclusivity and shared governance, increasing literacy and digital citizen qualifications.
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Pham, Kien Thi. "Karl Marx's theory of human nature and its significance in educating people nowadays." Perspectives of Science and Education 62, no. 2 (2023): 592–609. http://dx.doi.org/10.32744/pse.2023.2.35.
Texte intégralRésumé :
Introduction. Social development is an objective condition for human development. Social development is a condition for each individual in society to develop. The freedom of each individual in society is the basis and driving force for creating each culture, community, and country. Materials and methods. The article uses a comprehensive and specific historical point of view of the materialist dialectical methodology. At the same time, the paper also uses analytical, synthesis, and interpretation research methods to clarify Marx about human nature and how the social human changed people's living conditions and changed people in both shape and knowledge. Human life activities, which are material production, have made individuals and social people have a dialectical relationship. Individuals and social people can encourage each other to develop together and make society more chaotic and distant. Production relations in society cause inequality and disparity between rich and poor. Research results. Summarizing Marx's theory of human nature, the paper has aspects of clarification analysis of Human Nature. First, human nature is a product of history and the subject of history. Second, human nature is nature and social characteristics; Therefore, it is necessary to educate comprehensive human development. Third, the development of each person is the development of everyone in society. Each country and individual has goals, policies, and orientations for the development of human nature. Therefore, each country and individual has plans, policies, and directions for the development of human nature. Human needs a wonderfully natural and social environment to promote their full potential. Nowadays, individuals in social people must be self-aware of existence and development by working in production to improve the natural and social environment. Today, Vietnam needs to educate the Vietnamese to develop comprehensively. The government needs to implement democracy in education. And it is necessary to inform the worker of the requirements of a globally integrated society with the development of science and technology. Vietnamese workers unite with workers worldwide to promote worker's rights in companies. Conclusion. This study allows arguing that Marx put forward the human mentioned in two aspects, human nature and social human. Marx clarified social humans in practical activities that changed human nature. For a comprehensive human overview, each country and individual needs to focus on health, intelligence, aesthetics, culture, capacity, quality, and morality and fight for freedom and democracy. Today, Marx's ideas about human are the basis for the education human nature. Marx pointed out the role of man as the master of society. Therefore, the future community is educational Vietnamese. The article is the basis for promoting the democratic rights and freedoms of people in a civilized and progressive society. Therefore, clarifying the role of educating Vietnamese people in the current process of national renewal. Keywords: human nature, individual person, social people, product of history, subject of history, Marx
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Muslihudin, Muhamad, Suyono Suyono, and Riki Renaldo. "PENGABDIAN KEPADA MASYARAKAT PELATIHAN PEMANFAATAN WEBSITE DESA DAN INTERNET DASAR PADA PEKON BUMI AYU KECAMATAN PAGELARAN." Jurnal PkM Pemberdayaan Masyarakat 3, no. 3 (2022): 91–98. http://dx.doi.org/10.56327/jurnalpkm.v3i3.58.
Texte intégralRésumé :
Internet technology which has now become a demand for life must be used optimally. Progress if the government began to adopt the technology as the main infrastructure of public services. In the following article, we try to describe how serious the government is in working on an e-government system in public services. State service to its citizens is a mandate stated in the 1945 Constitution and clarified again in Law no. 25 of 2009 concerning Public Services. The Law on Public Services regulates the principles of good governance so that government functions can run effectively. Public services are carried out by government agencies or corporations to strengthen democracy and human rights, promote economic prosperity, and social cohesion, reduce poverty, increase environmental protection, be wise in the use of natural resources, and deepen trust in government and public administration.
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Bysaga, Yu, V. Haruta, and D. Byelov. "Implementation of the principle of people’s power: doctrinal principles." Uzhhorod National University Herald. Series: Law 1, no. 76 (2023): 79–85. http://dx.doi.org/10.24144/2307-3322.2022.76.1.12.
Texte intégralRésumé :
The publication examines the doctrinal principles on the forms of direct democracy and the existing problems regarding the exercise of power by the people. Based on the historical perspective of the analysis of European legislation in this area, ways of improving the Basic Law of Ukraine are proposed.
 It was established that, despite the insignificant and contradictory support of the thinkers of the ancient world and the Middle Ages regarding the need to recognize the right of the people to cancel the legislative acts of the representative bodies of the state, this idea received significant development precisely in the era of the New Age, when the proclamation of people’s rule was accompanied by the establishment of parliamentarism, the authority and trust of which is constantly fell among the common people. It has been proven that the essence of such judgments was that modern democracy is based on the idea of popular sovereignty, that is, on the need to create such a system of state-legal relations that would ensure the primacy of law in all spheres of social relations and enable the people to exercise their right to be the source and basis state power precisely because of various forms of political participation in the state management of the country, one of which is participation in the exercise of judicial power.
 It has been determined that the views of thinkers in support of forms of people’s power boil down to the fact that the right to limit state power is recognized as an inalienable, natural human right that belongs to them from birth. Therefore, people’s power itself is one of the means related to the system of checks and balances, and therefore helps not only the normal functioning of state authorities by exercising control over the actions of their representatives, but also the direct exercise of power by the people, which thereby helps to ensure the principle of popular sovereignty.
 It has been established that today the practice of applying forms of direct democracy is significantly ahead of theoretical developments in this area. This very issue is voluminous, and at the same time there are a large number of gaps and contradictions in the possibility of constitutional consolidation of new forms of people’s rule.
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Bysaga, Y. M., and V. V. Zaborovsky. "Implementation of the principle of people's power as a way of participation in the administration of justice." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 705–10. http://dx.doi.org/10.24144/2788-6018.2023.05.126.
Texte intégralRésumé :
The publication examines the doctrinal principles on the forms of direct democracy and the existing problems regarding the exercise of power by the people. Based on the historical perspective of the analysis of European legislation in this area, ways of improving the Basic Law of Ukraine are proposed.
 It was established that, despite the insignificant and contradictory support of the thinkers of the ancient world and the Middle Ages regarding the need to recognize the right of the people to cancel the legislative acts of the representative bodies of the state, this idea received significant development precisely in the era of the New Age, when the proclamation of people's rule was accompanied by the establishment of parliamentarism, the authority and trust of which is constantly fell among the common people. It has been proven that the essence of such judgments was that modern democracy is based on the idea of popular sovereignty, that is, on the need to create such a system of state-legal relations that would ensure the primacy of law in all spheres of social relations and enable the people to exercise their right to be the source and basis state power precisely because of various forms of political participation in the state management of the country, one of which is participation in the exercise of judicial power.
 It has been determined that the views of thinkers in support of forms of people's power boil down to the fact that the right to limit state power is recognized as an inalienable, natural human right that belongs to them from birth. Therefore, people's power itself is one of the means related to the system of checks and balances, and therefore helps not only the normal functioning of state authorities by exercising control over the actions of their representatives, but also the direct exercise of power by the people, which thereby helps to ensure the principle of popular sovereignty.
 It has been established that today the practice of applying forms of direct democracy is significantly ahead of theoretical developments in this area. This very issue is voluminous, and at the same time there are a large number of gaps and contradictions in the possibility of constitutional consolidation of new forms of people's rule.
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Levytskyi, O. O. "Quarantine and anti-epidemic measures as an element of Emergency Law in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 102, no. 3 (Part 2) (2023): 239–49. http://dx.doi.org/10.32631/v.2023.3.46.
Texte intégralRésumé :
The concept of Emergency Law in Ukraine, its development and role in modern society are considered. The article analyses the legislative and regulatory acts governing the State of Emergency and actions in the context of emergency situations, such as natural disasters, military conflict, pandemics, etc. The key aspects of Emergency Law, such as the powers of state bodies, rights and obligations of citizens during emergency events, are considered. The article also analyses the impact of emergency law on human rights, democracy and the rule of law in Ukraine. It is stated that emergency law is a branch of law which is formed from certain elements of emergency legal regimes and affects the rights and obligations of citizens during emergencies. It covers such areas as Martial Law, State of Emergency, Emergency Situation and State of Emergency Epidemic Threat.
 It is specified that Emergency Law is temporary in nature and is applied only in cases of threat to national security, public order and health of the nation. It has been concluded that the main areas of improvement and development of quarantine and anti-epidemic measures in the Emergency Law system should include: improvement of legal regulation; enhancement of coordination and cooperation between public authorities; ensuring respect for citizens' rights; and consideration of the role of technology and innovation in dealing with crisis situations. The development and improvement of quarantine and anti-epidemic measures in the system of Emergency Law is crucial for ensuring the security and resilience of society. Sustained changes in global threats, such as pandemics, require constant analysis, updating and improvement of the legal response mechanism. Effective coordination, proper regulation and protection of citizens' rights are at the forefront of disaster management policy.
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Carroll, Myles. "Narrating technonatures: discourses of biotechnology in a neoliberal era." Journal of Political Ecology 25, no. 1 (2018): 186. http://dx.doi.org/10.2458/v25i1.22936.
Texte intégralRésumé :
This article considers the role played by discourses of nature in structuring the cultural politics of anti-GMO activism. It argues that such discourses have been successful rhetorical tools for activists because they mobilize widely resonant nature-culture dualisms that separate the natural and human worlds. However, these discourses hold dubious political implications. In valorizing the natural as a source of essential truth, natural purity discourses fail to challenge how naturalizations have been used to legitimize sexist, racist and colonial systems of injustice and oppression. Rather, they revitalize the discursive purchase of appeals to nature as a justification for the status quo, indirectly reinforcing existing power relations. Moreover, these discourses fail to challenge the critical though contingent reality of GMOs' location within the wider framework of neoliberal social relations. Fortunately, appeals to natural purity have not been the only effective strategy for opposing GMOs. Activist campaigns that directly target the political economic implications of GMOs within the context of neoliberalism have also had successes without resorting to appeals to the purity of nature. The successes of these campaigns suggest that while nature-culture dualisms remain politically effective normative groundings, concerns over equity, farmers' rights, and democracy retain potential as ideological terrains in the struggle for social justice.