Right to counsel / Azhar Musa

2015

It was not until the end of the 18th century that fundamental human rights and freedoms, one of the most remarkable indicators and elements of democracy, have attained constitutional guarantees. The steps have been taken to provide human rights with protection at the 20th century in the international arena have been reflected at the national level and human rights have attained Constitutional Status in many countries. This study addressing the process of being guaranteed of fundamental human rights and freedoms in constitutional systems will focus on the instruments and mechanicms devoted to the effective protection of human rights. In this regard, the indispensability of the principle of Separation of Powers in terms of the protection of human rights, the impacts of the forms of constitutions and of government types on the protection of human rights, and the models of Continental and American Constitutional Review will be discussed.

Sabodhini , 2020

In political discourses, continuous discussions on rights has created a regime of rights. It is known that in the contemporary political systems rights are argued and ensured as possessions that are exercised and enjoyed by individuals, for personal and common good. Since rights as goodness are evolved in different school of thoughts and are argued in multiple contexts, it is increasingly important to investigate the meanings of "Right (s)" advanced by different scholars. An investigation like such is essential for modern democracy because it focuses on some important questions which seeks to explore that what can be considered as a basic right and what justifies a right as basic. Present paper, in this view is an attempt to explore that how the idea of rights is defined by different scholars and how the idea of basic rights is been argued. To present the discussion as a part of political philosophy the author has used hermeneutic approach as a research tool. Theoretical Backdrop Modern democratic states have an obligation to fulfill the purpose of rights i.e. to attain the common "good" with common consensus. A philosophical and constitutional consensus, on the significance of rights as inalienable condition is commonly noted in constitutional democracies. It is noted that democratically matured states (relatively committed democracies) are sincerely agreed on a fact that for the dignified life of human beings, rights are essential conditions and are required to be standardized, legally. However, for the new democracies, standardization of essentials as right through a legal framework is a challenging task. Maximum states in the process of democratization have realized that assuring all essentials as rights is impractical and a utopian promise. This is because the resources are limited and often controlled by the nature. For the democracies that are not rich by the natural and human recourses, identification of most essentials with the limitation has democratic significance. An administrative fact is that the understanding and acceptance of natural limitations, may help these states to manage the most basic needs as rights. This can further ignore the burden of excessive demands and can assure required sustainability in governance. The realized need pinpoints that identifying and exploring the idea of rights is not simply a philosophical exercise. However, the same is more important to address the problems concerning to the democratic governance, which urges for equality, freedom and justice. The significance of attaining the conceptual and contextual clarity on the idea of right seeks to explore the meaning of rights that can be understood and argued by commons.

International Journal of Multicultural and Multireligious Understanding, 2020

Efforts setting human rights have become a crucial topic to the discussion of drafting the 1945 Constitution, which boiled down to the idea of entering or not entering human rights into the constitution, arguing respectively that their rules of rights in the constitution would give legal certainty on the other argument the state was bound to protect the rights of citizens. This nation later showed the country often violate the rights of citizens in the form of active measures and the form of laws and regulations that reduce rights of the citizens. On the fact that the amendment of the 1945 Constitution then enter the setting for the rights of citizens in more detail, by also providing the mechanism of “judicial review” as a means to avoid any legislation contrary to human rights.

2004