Rule Of Justice Research Articles

Negotiating national identity against right-wing nationalism: sonic (re)narrations in Poland

This article discusses a set of approaches to national identity that subverted dominant nationalist discourse in Poland during the rule of Law and Justice (2015–2023). Based on a sonic, lyrical, and visual analysis of three popular music case studies, it explores how the populist-enabled mainstreaming of “turbopatriotism” (Napiórkowski 2019) has been criticized and what alternative visions of Polishness have been put forward. I argue that cultural narrations of Polishness as [1] plural, diverse, and cosmopolitan, [2] peripheral, flawed, and complicated, and [3] bygone and mourned, all have unique affective strengths for the continued negotiations of collectivity in post-communist and populist contexts.

The Role of Governance in Strengthening of the Constitutional Judiciary

This research article aims to identify the governance of the judiciary in various aspects (transparency, rule of law, participation, accountability, justice, and equality) and its impact on the development of constitutional judicial powers. To centralize the authority and achieve judicial goals within the state, reforms must be implemented. The concept of judicial governance was previously nonexistent, with some viewing judicial power as separate entities performing their duties independently. However, due to developments that the world has witnessed, the responsibilities of the constitutional judiciary have increased, leading to the adoption and application of governance principles. This can only be achieved through promoting the concept of governance and implementing its principles in all state institutions, particularly those of a constitutional nature. This includes reforming the institutional structure to recover the powers to the judiciary, which serves as the arbiter, separator, and balancer among all branches of government.

TRANSFORMING JOURNALISM AND COMMUNICATION EDUCATION:

The study focuses on Journalism and Communication education in developing countries that indicates a compromise and balance of traditional outlay and modern technology but resulted to a mismatch of ‘slow march to fast music’. Expansion of media is not commensurate with the population in both the countries studied. It has been observed that with thriving democracy, the growth of mass media is reflective with the growth of media education in Bangladesh, whereas the growth of media and the state of democracy both are in formative stage in Papua New Guinea (PNG). It was examined that media in Bangladesh have been contributing potentially to create pluralistic democratic values to a densely populated country. Newspapers and TV channels draw communication graduates from public and private universities. The study envisaged that Papua New Guinea, an independent country in 1975, and world’s most diversified nation with highest number of languages, 823 languages among 6.5 million people, craving for a working democracy with meager state of media in the country. On the other hand, alternative media education as conceptualized as ‘Civic Journalism’ got a trial in one of the public universities. It has been focused to rural areas and on the issues like human rights, good governance, gender, democracy, rule of law and justice, and environment.

Revisiting the nexus between governance and poverty in Sub‐Saharan Africa

AbstractThe aim of this study is to investigate the influence of different components of governance on poverty. Hence, the study investigates the direct impact of four pillars of governance and 16 subindicators of governance on poverty in Sub‐Saharan Africa (SSA). This is unlike most previous studies that use a composite index of governance which does not have a bearing on specific policy variables. A panel data set of 41 SSA countries over a period from 2012 to 2022 is analyzed using the System GMM (Generalised Method of Moment) estimation technique. The findings show that improvement in the four pillars of governance (security and rule of law; participation, rights and inclusion; foundation for economic opportunity; and human development) would yield significant reduction of poverty in SSA. However, not all the sub‐indicators have a direct impact on poverty, those that show significant effects are: (a) rule of law and justice, (b) accountability and transparency, (c) anticorruption, (d) public administration, (e) infrastructure, (f) rural development, (g) social welfare, and (h) sustainable environment. All the significant indicators have bearing on the creation and protection of an enabling environment and opportunity for productive activities. Hence, it is recommended that policymakers should undertake judicial system reforms including reforms of the police services. Civil service reform is also recommended, while the business of government should be carried out transparently with zero tolerance for corruption.

Analisis Yuridis Normatif terhadap Efektifitas Hukum dalam Penindakan Tindak Pidana Korupsi di Indonesia: Tinjauan terhadap Peran Hukum Pidana

Corruption is a serious problem that damages the social, economic and political order in various countries, especially Indonesia. Corruption has a broad and detrimental impact on society and the state, such as obstruction of development, reduced public trust in institutions, and social and economic disparities. The purpose of this research is to find out how the effectiveness of criminal law in prosecuting corruption in Indonesia based on normative juridical analysis and how the application of criminal law in prosecuting corruption in Indonesia. The type of method used by the author in this research is Normative Juridical research, which is a library legal research conducted by examining library materials or periodic secondary data. Thus the object analyzed with a qualitative approach is a research method that refers to the legal norms contained in the legislation. The conclusion of this research is that as a state of law, Indonesia must carry out a law enforcement process for corruption to ensure the rule of law, justice and peace in society. However, it is clear that law enforcement of corruption in Indonesia is still weak. This is due to the fact that there are still many lawmakers or law enforcers who commit corruption. The existence of lawmakers or law enforcers who commit corruption can reduce public trust in them. And the advice that can be given is that the government needs to revise the laws related to the eradication of corruption to eliminate legal loopholes that can be utilized by perpetrators of corruption. The application of strict sanctions in accordance with the level of crime committed must be carried out to show the government's commitment to eradicating corruption. It is also hoped that the government will harmonize the corruption law with other related regulations to avoid overlap and ensure harmony in law enforcement.

Investigating war crimes in de-occupied territories: the role of the National Police of Ukraine

The purpose of this article is to examine the specific activities of the National Police of Ukraine in the investigation of war crimes in de-occupied territories, developing a clear algorithm of action and taking into account possible power, heating, and communication outages. The study argues for the creation of a Coordination Headquarters to ensure proper interaction between the bodies and departments involved in recording and investigating war crimes. The article proves that the activities of the National Police of Ukraine bodies and units during the investigation of war crimes in the de-occupied territories are aimed at their prompt, complete, and impartial investigation, so that any perpetrator of such acts is held accountable according to their guilt, and includes several algorithmic actions. The research methodology includes dialectical-materialistic, formal-logical, general scientific, and special methods. The results of the study are significant as they provide a practical guide for the National Police of Ukraine in the investigation of war crimes in de-occupied territories. The proposed algorithm and practical considerations can help ensure prompt, complete, and impartial investigations, ultimately contributing to the rule of law and justice in times of conflict.

WEAKNESS AS A PHILOSOPHICAL CONCEPT AND LEGAL CATEGORY

The article is devoted to the most complex, little-studied in jurisprudence and the theory of civil law, deep-seated issues of protecting the weakness in delicate and other legal relations. The authors proceed from the fact that the effectiveness of the protection of the weakness is based on its holistic understanding of both legal and philosophical categories. Based on this, the authors draw a philosophical-semantic and lexical-legal analogy between this category and the category of a weak subject, its semantic conditionality from such philosophical categories as personality, self-worth of a person. It is proposed to consider the category of the weakness from the standpoint of its static and dynamic states, the conditionality of the effectiveness of its protection in the post-Soviet society from the development and state of effectiveness of formal institutions, as well as the ideological and value attitude of Kazakhstan society to the fundamental principles of the rule of law, formal equality and social justice The authors separately highlight the dependence of legal protection of a weak subject on the extent to which Kazakhstan's socio-legal reality realizes: a) the conditionality of a person from society, on the one hand; and b) his natural-biological and cognitive self-sufficiency, on the other. In this context, the authors make some retrospective analysis of the state of natural human rights in Kazakhstan of the Soviet period, reveal the nature and essence of the category "I". According to the authors, the category "I" in post-classical reality is a key element of such self-sufficiency. It is on the basis of their unity that reflection, comprehension and concepts of self-awareness and self-knowledge, self-identity, respect for self and other, society and the state should be built.

Islam: The Complete, Functional and Practical Guide to Life

People say developed countries became developed by following secularism while Muslim countries became backward by following Islam. This is false perception. In fact developed countries are following Islamic principles unknowingly in all the areas of development; Islamic principles of rule of law, justice, honesty, integrity, research and knowledge learning, development and application. Developed countries and corruption ridden Muslim countries are self harming in all those areas where they are not following Islamic principles; resource intensive hedonism, predatory economic and financial policies, corruption, fraud, injustice, prejudice and selective exploitation of people. Latest development in many developed countries is adoption of prohibition of smoking in public places and this is also based on Islamic principle of avoiding greater harm. So Islam is an essential aspect of humanity’s existence. It teaches us how to conduct ourselves in all aspects of life in a morally and legally upright manner. Islam created a well-defined system of laws governing moral behavior, civil and political rights, social issues and rights, marriage and divorce laws, inheritance rights, and all other matters we deal with daily. It serves as a guide to life in all its facets and is not just for the mosque. Since Islam is logical and rational, it keeps a Muslim free from confusion of any kind. These are some of the main points raised in the paper regarding how Islam is a comprehensive, functional, and practical code of life. Nine major relevant and significant fields have been discussed: the Islamic political system, law and legal system, Jihad, economic system, education system, marriage and family, Islamic society, the mindset, and the hijab. The discussion is analytical and comparative addressing secular ideologies based on Islamic texts and social sciences. The paper establishes that the Islamic system is the alternative system that can replace secular ideologies. This paper has been summarized from a broader and larger discussion of the same topic.

Implementation of Pancasila On Prisoners At The Medan City Polrestabes

Pancasila is a way of life in society and nation and the implementation of the values of Pancasila is not yet optimal. It is hoped that through this writing, we will be able to understand the meaning of Pancasila values and be able to apply them to prisoners at Polrestabes better and to love their nation and state with Pancasila characteristics more. In a general context, the impact of violations of Pancasila Values can cause social, political and economic damage which ultimately affects the welfare of society. Therefore, it is important for every individual and society to maintain and commemorate Pancasila Values in everyday life. This writing research has had a positive impact on the prisoners themselves. The results of this writing research are the role of the Medan Police in implementing the application of Pancasila which is interconnected with the rule of law and restorative justice. The democratic values in Pancasila must also be implemented in prison institutions. Prisoners' participation in making decisions that affect their lives needs to be accommodated. Restorative Justice finds its footing in the basic philosophy of the fourth principle of Pancasila.

Obrazy idą na strajk – o strategii aktywistycznej Arka Pasożyta

Analyzing Arek Pasożyt’s <i>Obrazy strajkujące</i> [Strike Images] series as a case study of artivististic practices during the rule of Law and Justice, the authors highlight the contemporary challenges, entanglements and opportunities faced by art understood as an instrument of political change at a particular moment of deepening, multi-faceted crisis of neoliberal hegemony. Distinguishing between the concepts of activistic art and artivism, they draw attention to the specificity of today’s artistic activities that are engaged in effecting political change. They incorporate a sense of powerlessness, rage and exhaustion into their deliberations, as well as reflect on the presence of artivistic art online. Key-words: activism, artivism, protest, strike images, populism

Features of pre-judicial investigation in criminal proceedings in foreign countries

The scientific article is devoted to the definition of certain features of the procedure for conducting a pre-trial investigation in criminal proceedings of foreign countries. The origins of the separation of the «preliminary investigation» as a separate stage of the criminal process are established, as well as the relationship of national legal traditions and types of legal systems with the corresponding standards inherent in the criminal process is traced.
 The analysis of the criminal procedural legislation of the Federal Republic of Germany, the Kingdom of Spain, Great Britain and the French Republic was carried out. The main aspects of the pre-trial investigation and inquiry of the Federal Republic of Germany have been studied. It has been established where criminal proceedings begin, how the interaction between prosecutors and police officers is configured, which is free evidence. Attention is focused on the types of suspicions depending on the degree of probability and functional purpose.
 It was determined that the pre-trial investigation as an independent stage of criminal proceedings, according to the Criminal Procedure Law of Spain, is always the first in the criminal process. However, at the same time, the inquiry is in no way formally separated from the pre-trial investigation. The prosecutor and the investigating judge are united with the common goal of identifying the person who committed the crime and collecting the necessary evidence. The specifics of this stage depending on the type of proceedings are also indicated.
 The characteristic features of criminal proceedings in Great Britain, which do not include the stage of pre-trial investigation at all, are considered. Despite the possibility of the defense party to collect evidence independently, the police's activities are considered extra-procedural, and therefore all the factual data collected by them need to be presented to the magistrate and their further confirmation.
 The position and procedure for starting an investigation under French law is outlined. Her criminal process considers inquiry and preliminary investigation as separate independent stages. First of all, an inquiry is conducted, then a criminal prosecution is initiated, after which a preliminary investigation begins.
 The conclusion of the article emphasizes the need for coordinated work of law enforcement agencies based on the principles of the rule of law, legality and justice. The necessity of applying the experience of foreign countries in improving the pre-trial investigation of Ukraine is argued.

Constitutional and legal principles of ensuring the independence of judges of the Constitutional Court of Ukraine

The independence of judges constitutes one of the fundamental components of the legal system in any democratic country. Within the legal framework of Ukraine, the constitutional and legal principles guaranteeing the independence of judges, specifically those of the Constitutional Court, represent a key element of the legal structure ensuring the stability of the rule of law, the protection of human rights, and the development of the rule-of-law state.
 It is emphasized that the guarantees of the independence of courts of general jurisdiction and bodies of constitutional justice play a critical role in ensuring legal stability and protecting judges from political or external influences. The independence of judges in performing their functions is crucial in upholding the principles of the rule of law and justice. Therefore, it is vital to ensure an effective mechanism to safeguard this independence from any external pressure or influence, regardless of the sphere of jurisdiction.
 It has been identified that one potential drawback associated with expressing a separate opinion of a judge of the Constitutional Court could be the blurring of the clarity of the adopted decision. Separate opinions generate significant interest among scholars and practicing lawyers, with the texts of such opinions often utilized in the educational process of legal institutions and drawing attention from judges of the Constitutional Court of Ukraine during the consideration of similar cases. As these documents contain doctrinal views on various aspects of cases reviewed by the Constitutional Court of Ukraine, they become the subject of additional analysis and consideration.
 It is noted that ensuring the independence of judges of the Constitutional Court of Ukraine is based on a comprehensive system of constitutional and legal guarantees aimed at ensuring their independence in resolving important constitutional issues and preserving the principles of the rule-of-law state in Ukraine.
 Moreover, Ukraine, as a participant in international treaties and organizations, is obliged to adhere to international standards in the field of justice and guaranteeing judicial independence. Consequently, means of protecting the rights of judges of the Constitutional Court are developed and adapted to international normative documents.

Institutional Quality, Foreign Direct Investment and Sustainable Economic Growth in Emerging African Economies

Foreign direct investment (FDI) is an essential determinant of development for Africa. It encourages sustainable economic growth. However, in most African economies, quality of institution plays a vital role in enhancing the inflow of FDI. The objective of this study therefore is to examine the effect of institutional quality, foreign direct investments on sustainable economic growth in emerging African economies. The study employed pooleddata for 8 African countries (Nigeria, Botswana, Ghana, Kenya, Mozambique, Tanzania, Uganda and Zambia) using the panel data methodology for the period within the years 1990 and 2020. The paper adopted the fixed effect regression model based on the results of the Hausman test in estimating the effect institutional quality, FDI inflows and sustainable economic growth in emerging African economies. The variables of the model included; GDP per capita GDPPC, foreign direct investment FDI, domestic investment DOMINV, corruption perception index CPI, political stability POLSTAB and exchange rate EXR. The study found and concluded that using panel fixed effect, institutional quality, (proxy with corruption perception index CPI and political stability POLSATB) and FDI both have a significant relationship with sustainable economic growth in emerging African economies. The study therefore recommends that Governments in these nations need to create and encourage a conducive environment that will increase FDI inflows in the various sectors of the economy since the results of the study have shown its growth enhancing capability. Control of corruption and political stability has shown to aid and encourage the entrenchment of rule of law, democracy and justice. Corrupt tendencies need to be reduced to the barest minimum. Exchange rate stability is to be pursued vigorously and attained in other to attract investments (domestic and foreign)

Evaluation of the “Street and Abroad” Strategy Implemented by Political Opposition in Poland under the Rule of Law and Justice

After the 2015 parliamentary elections in Poland, the parties that moved to the opposition declared themselves the “total opposition” and adopted the “Street and Abroad” strategy, the aim of which was to organize anti-government protests in the country and to use foreign fora, including above all EU mechanisms, to fight the new right-wing government, criticize its actions and eventually remove it from power. The paper aims to assess the effectiveness of the strategy adopted by the Polish opposition after seven years of right-wing rule. The subject of particular interest is, on the one hand, the evaluation of the “Street” strategy on the example of mass protests concerning courts, abortion, and the media. On the other hand, the “Abroad” strategy was analyzed through the impact of the European Parliament’s resolution on social mobilization, electoral preferences, and the level of support for the ruling party. For this purpose, the leading indicators of support for opposition parties published by opinion polling centers were used in the examples analyzed.

THE POLICY OF THE UNITED STATES REGARDING THE RUSSIAN GENOCIDE OF UKRAINIANS IN THE ХХ-ХХІ CENTURIES

The purpose of the article is to analyze the evolution of the United States policy toward Ukraine vis-à-vis Russia during three presidential administrations of Woodrow Wilson, Franklin D. Roosevelt, and Joseph Biden, with an emphasis on the genocide of Ukrainians. The scientific novelty of the research consists in the analysis of the genocide of Ukrainians within the context of the century-old Cold War between Russia and the West using primary sources from the American military intelligence archives. Methodology. The author used historical research methodology to collect and triangulate primary and secondary sources and applied critical analysis of the content of governmental reports, archival documents, newspaper articles, and scholarly monographs. Conclusions. For the third time in history, Ukraine has become a battlefield in the geopolitical struggle between Russia and the West. While Woodrow Wilson made «the world safe for democracy», his principle of self-determination did not apply to Ukrainians; thus, Ukraine’s independence was sacrificed for the sake of «Russian unity». The consequences were the Red Terror and Lenin’s famine of 1921–1923 in Ukraine that drowned in blood its national liberation movement. Lenin’s disciple, Joseph Stalin, consolidated the totalitarian system and implemented his predecessor’s policy toward Ukraine which led to physical, biological, and cultural genocide against the largest non-Russian captive nation. Franklin D. Roosevelt’s administration not only did nothing, but also never acknowledged publicly Stalin’s crimes. American journalists along with politicians participated, albeit indirectly, in the Holodomor denial. The rehabilitation of Stalinism in Russia, revision of the past, and Holodomor denial have led to further escalation of violence on the eve of the ninetieth anniversary of the crime. President Joseph Biden called Russia’s actions in Ukraine a genocide. The next step is to draw a parallel to the Holodomor and respond to that denial by bringing the perpetrators of today’s genocide before an international tribunal to restore the rule of law and justice.

Illiberal polity as the retribution of post-imperial nation-building: The case of Turkey

Turkey, in direct lineage of the Ottoman Empire, experimented a particularly violent nation-building out of the imperial ashes. Non-Muslims corresponding to one fifth of its population have been annihilated for the creation of a homogeneous nation State. These crimes have never been accounted for, giving way to a culture of impunity, self-righteousness, contempt for the rule of law and justice which, over years, pushed the polity towards an illiberal if not totalitarian essence and praxis , domestically against its own constituency and externally against neighbours through an extensive neo-imperial drive. Paradoxically, such an outcome seems to constitute a belated retribution for the unaccounted crimes.

Resurgent totalitarianism, charismatic dictatorship, and the rise of socio-political extremism in the age of globalisation and multiculturalism: an escalating human rights crisis

ABSTRACT Globally, there are certain tendencies in a significant number of regimes today that indicate a shift away from liberal democracy, the rule of law, equality, and justice. This threatens international human rights, advancing towards totalitarianism. The technologies available to totalitarian regimes today for control, intimidation, indoctrination, and mass manipulation are far more advanced than their earlier counterparts. It is typically led by a charismatic dictator and a single political party that uses powerful narratives of blame, hate speech, instilling fear, and scapegoating to seise or maintain power at any cost. That being so, amid contemporary global shifts to totalitarianism, human rights abuses persist worldwide despite the ratification of so many international treaties. This piece engages in critically analysing the situation faced by the targeted group of citizens who live under the rules of resurgent totalitarian states. The study further examines the reasons why certain countries and communities get along well with their counterparts while others appear to be breeding grounds, what role governments, politicians, and leaders play in the development and support of group divisions and ideologies of social difference, and how these ideologies lead to the creation of a destructive culture and infrastructure on the path to large-scale bloodshed.

DA LI IM JE ZAISTA STALO DO NAS? O GRANICAMA DRŽAVNOG INTERVENCIONIZMA

This paper examines the limits of state intervention through the relationship between freedom and equality, the rule of law and social justice, as well as through two highly contradictory concepts regarding the scope of government action – the concepts of minimal state and paternalistic state. Accordingly, we seek to identify a model capable of outlining the extent to which the state can intervene in the light of socially beneficial goals, but without compromising individual freedom. Since we cannot find such a model within the extreme positions of liberalism and socialism, this paper seeks to offer a satisfactory solution by mitigating some of the ideologically exclusive positions. It embraces Aristotle’s teaching about the middle as a virtue and proposes sophisticated neoliberalism as a potential alternative to the status quo. Still, as insisted, the government should never be allowed to assume uncontrollable powers and create conditions for collectivist doctrines that recognize no individual freedom. Key Words: equality, freedom, rule of law, social justice, state intervention

Perception of Democracy: A Scale Development Study

The study aimed to develop a scale to measure individuals' perceptions of democracy. After the exploratory factor analysis, a structure comprising 35 items and six factors was formed. It was determined that the scale explained 63.946% of the total variance in this form. The factors include the "Rule of Law and Justice," "Opposition," "Participation," "Separation of Powers," "Freedom," and "Pluralism." CFA was performed, and the fit index values were found as follows: χ2/df=2.02, RMSEA=0.042, NFI=0.97, NNFI=0.98, CFI=0.99, GFI=0.99, and AGFI= 0.99. It was concluded that all values obtained from CFA analysis are sufficient to verify the structure. It was also supposed that the 35 items-six-factor structure was confirmed as a model. Related to the validity and reliability studies of the scale, it was seen that CR and test-retest correlation values showed that the scale is valid and reliable. CR value was 0.97, and the test-retest correlation value was 0.77. After examining all the results, we decided that the scale is valid and reliable for measuring individuals' perceptions of democracy.

Judge’s discretion in ensuring human rights and freedoms: the significance of the legal position

The article is devoted to the analysis of the judge’s discretion in ensuring human rights and freedoms and the study of the significance of the legal position of the Supreme Court. It has been established that the purpose of the Supreme Court as the highest judicial institution in Ukraine is, first of all, the formation of a justified legal position regarding the application by all courts in the further work of a specific norm of substantive law or compliance with a norm of procedural law that was incorrectly used, and thus directing practice into a unified and proper enforcement. The legal positions of the Supreme Court have a more complex nature, as there is a clear awareness of the tasks of this body as a key subject in the formation of the unity of national judicial practice. The legal literature was studied, which currently discusses the problem of deviating from the legal positions expressed earlier, whereas it is at the level of higher courts that the problem of unanimous application of legal norms by courts in similar legal relations should be resolved. The institution of departure from the pre-legal position is quite an interesting phenomenon and become widely in recent years, and this problem is connected, perhaps, with the reform of procedural legislation. It was established that a massive departure from previous legal positions violates the standards of consistency of judicial practice, and the requirement of legal certainty appeals precisely to the standards of consistency of judicial practice, according to which courts must make similar decisions in similar cases under the same factual conditions. Constancy of judicial practice means that a series of previously adopted and agreed court decisions is a convincing proof of the correct interpretation of the legal norm. Since the legislator has not establish the binding nature of previously adopted resolutions of the Supreme Court of Ukraine, however, the possibility of deviating from them is provided only to the court of cassation instance of the Supreme Court. Deviating from the legal position, the court must provide a serious and convincing argument, since there has to be valid and reasonable grounds for a different application of the law’s prescription in the same (or similar) situation with a similar legal structure. It was concluded that the principles that are guided by judges when making each specific decision and forming the corresponding legal position, namely the principles of the rule of law, justice and legality, are of particular importance.