Bahrain Constitution: Aspect of the Rule of Law-Rule of Law and Justice is the basis of government. Cooperation and mutual respect provide a firm bond between citizens. Freedom, equality, security, trust, knowledge, social solidarity and equality of opportunity for citizens are pillars of society guaranteed by the State.
Rule of law crisis in Poland and primacy of EU law – Speech by President von der Leyen (19/10/2021)-The recent ruling of the Polish Constitutional Court puts much of it into question. We have been concerned about the independence of the judiciary for some time. Judges have seen their immunity being lifted and have been driven out of office without justification. This threatens judicial independence, which is a basic pillar of the rule of law.
What is the Rule of Law- UNO Explained-The rule of law is fundamental to lasting peace and security. It is the foundation for conflict prevention, peace-making, peacekeeping, sustaining peace and peacebuilding. It is essential for addressing injustices and inequalities that fuel conflict and for protecting civilians in crisis and post-conflict situations. reinvigorated efforts are needed to support the peaceful resolution of disputes; ensure accountability for serious
crimes and violations of international law including conflict-related sexual violence; address the threat of terrorism; extend the authority and
legitimacy of the State; restore trust and social cohesion; and contribute to the implementation of peace agreements.
What is constitutional supremacy?-Parliamentary sovereignty meant that members of parliament could pass any laws they liked - as long as the correct procedure was followed, it didn't matter if the constitution was violated. Back then the courts had no power to scrutinise and overrule any legislation that violated human rights; nor had any such rights been entrenched in that constitution.
Bali Communique: 5th Congress of the World Conference on Constitutional Justice (6/10/2022)-The ultimate success of maintaining social peace lies in the belief that just and rights-based decisions of the constitutional court can resolve deeply sensitive problems of social conflict. The 5th Congress called upon judges of the member courts of the World Conference to resist pressures from other state powers and to make their decisions only on the basis of the Constitution and the principles enshrined therein.
European Commission adopted a proposal for a Directive on corporate sustainability due diligence (23/02/2022)-While some European companies are already leaders in sustainable corporate practices, many still face challenges in understanding and improving their environmental footprint and human rights track record. Complex global value chains make it particularly difficult for companies to get reliable information on their suppliers' operations. The fragmentation of national rules further slows down progress in the take up of good practices. Our proposal will make sure that big market players take a leading role in mitigating the risks across their value chains while supporting small companies in adapting to changes.
Rule of Law Check List-Venice Commission (2016)-Advocatetanmoy Law Library provides a comprehensive guide to the concept of the Rule of Law. The guide explores the history, principles, and application of the Rule of Law in various contexts, including constitutional law, criminal law, international law, and civil law. It also provides an overview of the various theories and approaches to the Rule of Law, as well as its impact on democracy, human rights, and economic development. Additionally, the guide provides a detailed analysis of the relationship between the Rule of Law and human rights and legal systems, as well as a discussion of the challenges involved in implementing the Rule of Law.
Role of judges in upholding rule of law in Europe-Conference of the Heads of the Supreme Courts of EU-2022-Within the European system for the protection of fundamental rights, national judges hold a central place. It is up to them, on the one hand, to ensure effective respect for these rights guaranteed in national constitutions, and on the other hand, to exercise their office as ordinary judges under the European Union law and the Convention for the Protection of Human Rights and Fundamental Freedoms in application of the principle of subsidiarity.
Opinion on the relations between judges and lawyers (CCJE- 2013)-Judges and lawyers have different roles to play in the legal process, but the contribution of both professions is necessary in order to arrive at a fair and efficient solution to all legal processes according to law.
Delivering justice: programme of action to strengthen rule of law, national & international levels-UNGA-16/03/2012-Respect for the rule of law at the international and national levels is central to ensuring the predictability and legitimacy of international relations, and for delivering just outcomes in the daily life of all individuals. While responsibility for strengthening the rule of law lies with Member States and their citizens, the United Nations is ideally placed to support Member States’ efforts and to provide integrated and effective assistance. To galvanize collective efforts to strengthen the rule of law at the national and international levels, the Secretary-General proposes that the General Assembly adopt a programme of action for the rule of law, agree to a process to develop clear rule of law goals and adopt other key mechanisms to enhance dialogue on the rule of law. Member States should also take the occasion of the highlevel meeting of the General Assembly on the topic “The rule of law at the national and international levels” during the sixty-seventh session to make individual pledges related to the rule of law.
Annual Report on Promoting the Rule of Law in China-2016-China made new and great achievements in promoting the rule of law by firmly taking the socialist road of the rule of law with Chinese characteristics and firmly advancing the law-based governance of the country under the strong leadership of the Communist Party of China in 2016: it persisted in scientific legislation and democratic legislation with the quality becoming better and better; it exercised administration by law thoroughly and strictly standardized fair and civilized law enforcement with conspicuous achievements in the construction of a law-based government;
THE BANGALORE PRINCIPLES OF JUDICIAL CONDUCT-2002-Public confidence in the judicial system and in the moral authority and integrity of the judiciary is of the utmost importance in a modern democratic society. It is essential that judges, individually and collectively, respect and honour judicial office as a public trust and strive to enhance and maintain confidence in the judicial system.
NIDHI KAIM Vs. STATE OF MADHYA PRADESH (13/02/2017)-National character, in our considered view, cannot be sacrificed for benefits - individual or societal. If, we desire to build a nation, on the touchstone of ethics and character, and if our determined goal is to build a nation where only the rule of law prevails, then we cannot accept the claim of the appellants, for the suggested societal gains. Viewed in the aforesaid perspective, we have no difficulty whatsoever, in concluding, in favour of the rule of law.
When a decision can be said to be perverse-A decision or order of the Court does not become perverse by merely giving it a name as perverse. The higher Court will have to see whether the trial Court has wilfully disregarded any material pleadings and consciously violated any
Falsus in uno, falsus in omnibus-It is neither sound rule of law nor rule of practice – It is the duty of the Court to sift evidence to find out the truth. The maxim falsus in uno, falsus in omnibus (false in one thing, false
Rule of Law and declaration of the emergency-What is the impact of the declaration of the emergency and the suspension of the fundamental rights on the Rule and what. if any, is the limitation of justifiability of arbitrary executive action in the present state of the law?
Tagged: Journals, Portals