Search Results for: 2015-02-20

Editors’ note: Amid surging violence between Hamas and Israeli forces, JURIST is seeking perspectives from around the world. Neither this nor other commentaries in this series constitute JURIST editorial policy, nor do they necessarily reflect the opinions of the editorial team. The 21st century is marked by globalization and Americanization, with transnational law under US [...]

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With the stroke of his pen, California Governor Gavin Newsom could have a significant impact on the death penalty across the US. Though Newsom lacks the power to end capital punishment in California, he could take executive action to commute the sentences of the roughly 700 condemned awaiting execution in in the state—a death row figure [...]

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This article is the fourth in a series covering attacks on the rule of law. The rule of law is a political philosophy premised on the promise that all citizens, leaders, and institutions are accountable to the same laws, guaranteed through processes, practices, and norms that work together to support the equality of all citizens [...]

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In jurisprudential matters, whether national or international, precedent remains vitally important. When former (and possibly future) US President Donald J. Trump issued illegal pardons to selected American officials for established crimes against international law, the consequences reverberated in other countries. Now, with still-mounting Russian crimes against Ukraine –  crimes of war; crimes against peace; and crimes [...]

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Access to justice is a foundational principle of the rule of law and is often phrased as requiring “the right of equal access to justice for all” through governments providing “fair, transparent, effective, non-discriminatory and accountable services.” In Australia, this principle was described in Dietrich v. The Queen as “the equal justice for all principle.” [...]

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The Organization of American States’ (OAS) was presented with a crucial opportunity to reaffirm its commitment to democracy last month, as its Permanent Council turned its attention towards Haiti. The nation’s current crisis is one that is directly connected to the actions taken by members of its ruling Tèt Kale party (PHTK), which for the [...]

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Blessed are the peacemakers, for they shall be called children of God. (Matthew 5:9) South Sudan, Africa’s youngest nation, has been struggling with civil strife, armed conflict and a deplorable state of human rights and the rule of law before and after its independence in 2011. South Sudan came to international attention in the early [...]

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Last month, Indonesia made headlines by passing a new criminal code known as the Rivisi Kitab Undang-undang Hukum Pidana (RKUHP). The code includes a number of controversial provisions, including outlawing acts such as defaming the president and expressing views antithetical to state ideology. However, the provision that has received the most attention is the criminalization [...]

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In the United States and throughout the Global North, people generally take for granted that law means state courts and legal institutions. Sure, people may opt out of certain government regulations, for example, by signing an arbitration agreement, but state courts can still step in if deemed necessary. This may all seem intuitive but globally [...]

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