Search

Begin New Search Topic Rule of Law

31. Paraguay's Compliance With The Inter-American Human Rights System

Author:
Aníbal Pérez-Liñán, Madeline Soiney, and Andrés Hernández
Publication Date:
12-2021
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
Why do new democracies comply with international human rights obligations? We analyze Paraguay’s compliance with all reparation measures requested by the Inter-American Human Rights System over the past two decades. In contrast to most studies, which focus on reparation measures ordered by a single organ in the system, our study covers all orders resulting from friendly settlements, reports published by the Inter-American Commission on Human Rights, and rulings by the Inter-American Court of Human Rights. We provide a novel classification of human rights cases, and evaluate three competing explanations for compliance: legal factors, international pressures, and domestic political will. Our analysis of 1,426 reparation-years underscores the importance of changes in political will over time.
Topic:
Human Rights, Democracy, Rule of Law, and Institutions
Political Geography:
Latin America, Paraguay, and Global Focus

32. Protecting checks and balances to save the Rule of Law

Author:
Eric Maurice
Publication Date:
04-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
For half a decade, the Polish government has been reshaping the country's judicial system in a process described by the European Union as a "threat to the rule of law". Despite numerous Council of Europe reports and resolutions, several infringement proceedings and decisions of the Court of Justice of the European Union (ECJ), and the unprecedented activation of the so-called Article 7 procedure of the Treaty on European Union (TEU), the transformation of the judiciary into relays of political power has continued and accelerated since the Law and Justice Party (PiS) won a new term in 2019 and the reelection of President Andrzej Duda in 2020, pushing Poland to the limits of the European legal order.
Topic:
Government, European Union, Courts, and Rule of Law
Political Geography:
Europe and Poland

33. “No Going Backward”: Afghanistan’s Post–Peace Accord Security Sector

Author:
Annie Pforzheimer, Andrew Hyde, and Jason Criss Howk
Publication Date:
03-2021
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
Failure to plan realistically for needed changes in Afghanistan’s security sector following a peace settlement—and failure to start phasing in changes now—will lead to post-settlement instability. This report examines the particular challenges Afghanistan will face, with examples from the climate following peace settlements in other parts of the world offering insight into what may occur and possibilities for response. An Afghan-owned and Afghan-led strategy that incorporates some of this report’s recommendations can help create a lasting foundation for Afghan and regional stability.
Topic:
Security, Political stability, Rule of Law, Peace, and Justice
Political Geography:
Afghanistan and South Asia

34. Extending Constitutional Rights to Pakistan’s Tribal Areas

Author:
Umar Mahmood Khan, Rana Hamza Ijaz, and Sevim Saadat
Publication Date:
04-2021
Content Type:
Special Report
Institution:
United States Institute of Peace
Abstract:
When Pakistan’s Federally Administered Tribal Areas were officially merged into Khyber Pakhtunkhwa Province in May 2018, the five million residents of the former tribal areas acquired the same constitutional rights and protections—including access to a formal judicial system—as Pakistan’s other citizens. This report, based on field research carried out by the authors, explores the status of the formal justice system’s expansion, finding both positive trends and severe administrative and capacity challenges, and offers recommendations to address these issues.
Topic:
Security, Rule of Law, Justice, and Tribes
Political Geography:
Pakistan and South Asia

35. The Rollback of Human Rights and the Rule of Law in Hong Kong

Author:
Michael C. Davis
Publication Date:
02-2021
Content Type:
Policy Brief
Institution:
The Jamestown Foundation
Abstract:
After the Hong Kong protest movement exploded in 2019, the world looked on with both hope and trepidation. Protestors made five demands: that a proposed extradition law be withdrawn; that there be an independent investigation of police behavior; that the protests stop being characterized as riots; that any charges against arrested protesters be dropped and that promised universal suffrage be implemented (HKPF, December 25, 2019). After months of protest, Hong Kong Chief Executive Carrie Lam publicly withdrew the extradition bill, fulfilling the first of the protestors’ demands (SCMP, September 4, 2019). But this temporary victory was too little too late and overshadowed by the ongoing and often violent crackdown on the protesters, and then in 2020, with Beijing’s imposition of the new National Security Law (NSL) (China Brief, July 29, 2020).
Topic:
Human Rights, Law, Rule of Law, Protests, and Repression
Political Geography:
China, Asia, and Hong Kong

36. Judicial Independence in Afghanistan: Legal Framework and Practical Challenges

Author:
Shoaib Timory
Publication Date:
02-2021
Content Type:
Policy Brief
Institution:
Afghanistan Research and Evaluation Unit (AREU)
Abstract:
In a government with a separation of powers, independence is an indispensable feature of the judiciary. An independent judiciary gives credibility to political systems and is also the force behind reinforcing democracy and the rule of law. This watching brief briefly maps out the existing legal framework that ensures the independence of the judicial branch in Afghanistan and the reasons for the weak utilis ation of this feature which puts the judiciary in an uneven position compared to the other two branches of government. Moreover, the watching brief presents a set of recommendations for the enhancement of judicial independence in the country.
Topic:
Democracy, Rule of Law, Judiciary, and Independence
Political Geography:
Afghanistan and Middle East

37. Exploring avenues in the EU’s rule of law crisis: What role for the Netherlands?

Author:
Luuk Molthof, Nienke van Heukelingen, and Giulia Cretti
Publication Date:
08-2021
Content Type:
Policy Brief
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
Despite the existence of an extensive ‘rule of law toolbox’, the EU has found it difficult to deal with rule of law issues. Many experts attribute the EU’s failure to act to a lack of political will and determination on the part of EU institutions and member states. However, not all actors are lacking in political will (equally). The Netherlands, for instance, has been very concerned about the erosion of the rule of law inside the EU and has been one of the more active member states – along with, for instance, Belgium, Finland, Sweden and Denmark – in trying to address the EU’s rule of law crisis. In this policy brief, we examine three possible avenues available to the Netherlands to strengthen the political will of EU institutions and (like-minded) peers to assertively address this crisis and to increase pressure on backsliding member states to safeguard the rule of law.
Topic:
European Union, Democracy, Rule of Law, and Institutions
Political Geography:
Europe, Finland, Belgium, Denmark, Sweden, and Netherlands

38. Rule of Law Diplomacy: Why the EU Needs to Become More Vocal in Georgia, Moldova, and Ukraine

Author:
Laura Gelhaus, Pavel Havlíček, and Stefan Meister
Publication Date:
07-2021
Content Type:
Policy Brief
Institution:
German Council on Foreign Relations (DGAP)
Abstract:
Supporting the rule of law has been central to the EU’s Eastern Partnership (EaP) policy since 2009. There has been very limited success in this, however. The EU’s core problem is what is usually its strength: addressing a highly politicized area through a technical approach. EU policymakers need to acknowledge that their political silence is permitting ruling elites in EaP countries to block progress in the rule of law and that the EU is failing to call out pervasive systems of informality there.
Topic:
Diplomacy, European Union, Partnerships, and Rule of Law
Political Geography:
Europe, Ukraine, Moldova, Georgia, and United States of America

39. Legal Positivism: AN Obstacle in the Process of Strengthening the Rule of Law in Bosnia and Herzegovina

Author:
Benjamin Nurkic
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.
Topic:
Law, Reform, Constitution, Rule of Law, and Legal Aid
Political Geography:
Europe and Bosnia and Herzegovina

40. Lgitimisation of Autocracy in Turkey and Russia through the Review of the Constitution

Author:
Etleva Paplekaj
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The review of the constitution emanates from the constitution, from the institute of constitutional review of which the latter is closely related to the dynamic processes in society as well as with the demand for sustainable stability, stability which very well it may be economic, political or social, national or international, the stability that affects even the constitutional order itself in a state. In this article, we will address the constitutional changes, the amendments over the years In Turkey and Russia which are 'proof' of the violation of the constitutional order, 'proof' of the impinging of democracy and stability in the country. Through this article, we will see that the constitutional system, rule of law, democracy or its consolidation, the stability in the country to a large extent are influenced by the way it is conducted the constitutional review process. The application or non-application of this instrument has multi-dimensional effects, negative, destabilizing ones.
Topic:
Reform, Democracy, Constitution, Political stability, Rule of Law, and Institutionalism
Political Geography:
Europe and Turkey