State of democracy, human rights and the rule of law 2021

State of democracy, human rights and the rule of law 2021 PDF Author: Council of Europe
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 148

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Book Description
Democracy is in distress! The Secretary General of the 47-nation Council of Europe, Marija Pejčinović Burić, has highlighted a “clear and worrying degree of democratic backsliding” in her latest annual report on the state of democracy, human rights and the rule of law across the continent. “In many cases, the problems we are seeing predate the coronavirus pandemic but there is no doubt that legitimate actions taken by national authorities in response to Covid-19 have compounded the situation. The danger is that our democratic culture will not fully recover,” said the Secretary General. “Our member states now face a choice. They can continue to permit or facilitate this democratic backsliding or they can work together to reverse this trend, to reinforce and renew European democracy and to create an environment in which human rights and the rule of law flourish. “This is the right option for the 830 million people who live in the Council of Europe area.” Based on the findings of different Council of Europe bodies, including the European Court of Human Rights, the Secretary General’s report assesses recent developments in areas including political institutions and judicial independence, freedom of expression and association, human dignity, anti-discrimination and democratic participation. The report encourages member states to use existing and future Council of Europe mechanisms to address many of the challenges identified, on the basis of the following key principles: - National authorities should return to fundamental democratic principles and recommit to Council of Europe legal standards, including the implementation of judgments from the European Court of Human Rights; - Member states should fully embrace the multilateralism embodied by the Council of Europe for more than 70 years; - Covid-related restrictions and measures must not only be necessary and proportionate, but also limited in duration; - National authorities should embrace democratic culture, recognising where their words, activities or legislation have diminished that culture by reducing civic space, by intimidating or preventing individuals, organisations and NGOs from exercising their freedom of speech or assembly, or by excluding people from participating fully in society.

State of democracy, human rights and the rule of law 2021

State of democracy, human rights and the rule of law 2021 PDF Author: Council of Europe
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 148

Get Book Here

Book Description
Democracy is in distress! The Secretary General of the 47-nation Council of Europe, Marija Pejčinović Burić, has highlighted a “clear and worrying degree of democratic backsliding” in her latest annual report on the state of democracy, human rights and the rule of law across the continent. “In many cases, the problems we are seeing predate the coronavirus pandemic but there is no doubt that legitimate actions taken by national authorities in response to Covid-19 have compounded the situation. The danger is that our democratic culture will not fully recover,” said the Secretary General. “Our member states now face a choice. They can continue to permit or facilitate this democratic backsliding or they can work together to reverse this trend, to reinforce and renew European democracy and to create an environment in which human rights and the rule of law flourish. “This is the right option for the 830 million people who live in the Council of Europe area.” Based on the findings of different Council of Europe bodies, including the European Court of Human Rights, the Secretary General’s report assesses recent developments in areas including political institutions and judicial independence, freedom of expression and association, human dignity, anti-discrimination and democratic participation. The report encourages member states to use existing and future Council of Europe mechanisms to address many of the challenges identified, on the basis of the following key principles: - National authorities should return to fundamental democratic principles and recommit to Council of Europe legal standards, including the implementation of judgments from the European Court of Human Rights; - Member states should fully embrace the multilateralism embodied by the Council of Europe for more than 70 years; - Covid-related restrictions and measures must not only be necessary and proportionate, but also limited in duration; - National authorities should embrace democratic culture, recognising where their words, activities or legislation have diminished that culture by reducing civic space, by intimidating or preventing individuals, organisations and NGOs from exercising their freedom of speech or assembly, or by excluding people from participating fully in society.

Effective Governance Under Anarchy

Effective Governance Under Anarchy PDF Author: Tanja A. Börzel
Publisher: Cambridge University Press
ISBN: 1107183693
Category : Business & Economics
Languages : en
Pages : 381

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Book Description
Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.

Ruling by Cheating

Ruling by Cheating PDF Author: András Sajó
Publisher: Cambridge University Press
ISBN: 1108956319
Category : Law
Languages : en
Pages : 630

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Book Description
There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies (from Venezuela to Poland) and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas.

Democracy and International Law

Democracy and International Law PDF Author: Gregory H. Fox
Publisher:
ISBN: 9781788114745
Category : Democracy
Languages : en
Pages : 944

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Book Description
At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a 'democratic entitlement' was emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. Together with an original introduction, this volume collects the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent 'democratic recession' in many regions of the world.

Democracies and International Law

Democracies and International Law PDF Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1108843131
Category : Law
Languages : en
Pages : 349

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Book Description
Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.

Freedom in the World 2018

Freedom in the World 2018 PDF Author: Freedom House
Publisher: Rowman & Littlefield
ISBN: 1538112035
Category : Political Science
Languages : en
Pages : 1265

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Book Description
Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 195 countries and fifteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.

The Rule of Law in Europe

The Rule of Law in Europe PDF Author: María Elósegui
Publisher:
ISBN: 9783030560027
Category :
Languages : en
Pages : 0

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Book Description
This book discusses the nature of the challenges that have confronted European democracies in recent years. In the past decade, the rule of law in Europe has been put under strain by both external and internal factors. The term "illiberal democracies" is sometimes used to describe the rise of a phenomenon in which the fundamental values of the European legal order, as enshrined in the European Convention of Human Rights and in the Charter of Fundamental Rights of the European Union, are called into question. The preservation of the independence of the judiciary, of the freedom of expression and the protection of journalists are among the values under threat. But these challenges are also present within the older democracies in which emergency regimes have become more common. As the European Union's sanctions regime shows, striking a balance between security and the rule of law, of which fundamental rights are an intrinsic part, is a constant challenge. Focusing on the European courts' responses to these threats, the book discusses how courts could provide the ultimate line of defense. The acid test of the rule of law might indeed be how it safeguards the judicial guarantees designed to protect core European values beyond the discretion of government.

Spreading Democracy and the Rule of Law?

Spreading Democracy and the Rule of Law? PDF Author: Wojciech Sadurski
Publisher: Springer Science & Business Media
ISBN: 1402038429
Category : Law
Languages : en
Pages : 385

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Book Description
The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?

Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Restructuring the Control Machinery Established Thereby

Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Restructuring the Control Machinery Established Thereby PDF Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287125132
Category : Political Science
Languages : en
Pages : 32

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Book Description


Rule of Law and Areas of Limited Statehood

Rule of Law and Areas of Limited Statehood PDF Author: Linda Hamid
Publisher: Edward Elgar Publishing
ISBN: 1788979044
Category : Law
Languages : en
Pages : 279

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Book Description
This thought-provoking book addresses the legal questions raised by areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between both domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein.