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 [...]
Search Results for: 2015-11-02
Rule of Law Chronicles: In America, the Kids Are Not Alright
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 [...]
Chongqing, a Chinese city with 32.12 million residents, has taken a monumental step in bolstering national security by introducing on Friday a localized Anti-Espionage Regulation. With its population outstripping even that of Shanghai’s 24.89 million and Beijing’s 21.88 million, Chongqing’s move sets an impactful precedent for other major Chinese cities. Reacting to China’s recent amendments to [...]
The Impact of Stagnant Legal Aid Rates on Access to Justice in Australia
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.” [...]
Explainer: Enforced Disappearances and Torture Finally Criminal Offences in Thailand
Recently, Thailand passed an important human rights law following significant pressure from many parties including NGOs, victims of torture, relatives of the dead and missing, and investigative journalists. On 24 October 2022, the King signed into law the Prevention and Suppression of Torture and Enforced Disappearances Act which Parliament enacted on 26 August 2022. This [...]
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 [...]
A Post-Holocaust Betrayal: Israel's Defiling Obeisance to Donald J. Trump
“That which is hateful to you, do not do to your neighbor. This is the entire Torah; the rest is commentary…: Rabbi Hillel, Babylonian Talmud, Shabbat 31a Israel’s continuous support for Donald J. Trump represents a grim irony of Jewish history. Even before the latest revelations concerning this former president’s anti-Semitic outbursts (that is, his [...]
Indonesia army officer to be tried by human rights court for 2014 Papua massacre
An Indonesian human rights court Friday indicted a retired Indonesian Army officer for his role in a 2014 massacre in Papua, according to Human Rights Watch. Retired Major Isak Sattu is charged with crimes against humanity for the 2014 killing of five teenage protestors and the injuries of 17 more in Papua, Indonesia. Indonesia’s Human [...]
Lauren Ban is a rising 2L at the University of Pittsburgh School of Law and JURIST’s US Bureau Chief. Pennsylvania is less than 24 hours out from primary elections—and there are some major issues on the line right here on JURIST’s doorstep that have attracted national and even international attention. Pennsylvania primaries are a complicated [...]
Explainer: Rule of Law and De Facto Differentiation in the EU
In October 2021, Poland’s Constitutional Tribunal ruled that in the event of a conflict between the Constitution of Poland and the treaties of the European Union, the Polish Constitution will reign supreme. The Tribunal concluded that Article 4(3) of the Treaty on European Union, in conjunction with Article 279 of the Treaty on the Functioning of [...]