Violation Of Fundamental Rights Research Articles

A STUDY OF PATTERN OF CUSTODIAL DEATH : A TWO YEAR PROSPECTIVE STUDY.

Death occurring in some form of custodial detention is commonly known as death in custody, such as police cell or prison. A person in custody is entirely dependent on his custodians for his basic requirements hence this type of death raises questions regarding living conditions, inhumane treatment and violation of fundamental rights of prisoners. This prospective analytic study was carried out during period January 2019 to December2020 in Department of Forensic Medicine at PMCH Patna Bihar. This study observed 56 judical custodial deaths that maximum cases were males 93%and 7% were females. Age group above 55 years(40%). Maximum cases were brought in month of September(23%)followed by August (16%). Most prisoners died in hospital during treatment (82%).Deaths among 56 custodial deaths convict prisoners were dominated 41(73.21%) over undertrial prisoners 15 (26.79%) in jail custody.Pulmonary tuberculosis was the most common natural cause of death among prisoners. The natural causes was in 89% cases and unnatural in 11% cases . Majority of deaths in custody are due to natural causes and this may occur due to various factors like improper medical facilities, overcrowding in jail, old age, poor nutritional status, poor hygiene etc.

A Constitutional Overview of Information and Telecommunication in Post COVID-19 in Korea

첨단과학기술사회에서 국가는 일정한 역할을 하여야 하며 이는 규범적인 면에서는 궁극적으로 헌법적 문제로 귀결될 것이다. 그러한 과학기술 중 오늘날 가장 주목받는 것 중 하나가 바로 정보통신이며 정보통신에 대한 헌법적 대응은 오늘날 헌법학의 주요 과제 중 하나이다. 한편 코로나19 팬데믹은 사회적으로 여러 가지 변화상을 만들었고 그 과정에서 나타난 정보통신의 여러 가지 이슈들은 정보통신의 의미와 과제, 그리고 헌법과의 관계를 다시 한번 생각하도록 하는 계기가 되었다. 이 글에서는 정보통신과 헌법의 기본적인 관계를 확인하고 코로나19 팬데믹을 통하여 알 수 있는 정보통신의 현재와 미래를 살펴보면서 포스트 코로나 시대에 정보통신에 관하여 헌법적 대응이 요구되는 바가 무엇이고 그 방향은 어떠하여야 하는지를 논한다. 코로나19 팬데믹에서 정보통신은 감염병 대응을 위한 효과적인 수단을 제공하였지만 그 과정에서 기본권 침해 문제가 대두되었으며 정보격차 문제에 대한 재조명이 있었고 허위정보의 유통도 문제가 되었다는 점을 확인할 수 있다. 또한 코로나19 팬데믹은 디지털 전환을 가속화하여 뉴노멀 시대의 도래를 이끌어낼 것이라는 전망이 우세하다. 코로나19 팬데믹에서 나타난 이와 같은 정보통신 관련 현상들을 고려하여 포스트 코로나 시대의 정보통신에 대한 헌법적 대응으로서 정보기본권의 보장, 정보격차 해소 및 정보통신기반 구축, 안전한 정보통신환경 조성 등이 요구된다. 이러한 사항들에 대한 헌법적 대응을 통하여 개인의 권리를 보장하고 보편적인 정보통신의 활용 여건을 발전시킬 수 있도록 하여야 한다. 오늘날 정보통신은 이미 중요한 사회적 토대가 되었고 이러한 현상은 향후 더욱 심화될 것이다. 현행 헌법의 해석론을 발전시키고 향후 헌법개정시 정보통신에 관한 헌법적 가치를 실질적으로 반영하고 조문화하여 표현하는 구체적 방안에 대한 논의가 다양하게 이루어지는 것이 바람직하다.A state must perform it’s role in a high technology society, and it will ultimately be constitutional issues. Information and telecommunication is one of the most noticeable things among such matters. and the response to social changes by information and telecommunication is an important issus of constitutional studies. COVID-19 pandemic has made many social changes and they include various issues related to information and telecommunication. It makes an opportunity to recognize importance and of information and telecommunication and relationship between it and constitution. This paper checks the relationship between information and telecommunication and constitution and review it in COVID-19 pandemic. And then it is discussesed what is required and how it will be done for constitutional response in post COVID-19 in this paper. In COVID-19 pandemic, information and telecommunication provides effective means for responding to the infectious disease, but some problems are founded in the process. They are the violation of fundamental rights, digital divide and misinformation. In addition, the pandemic accelerates the digital transformation and it will lead the new normal. As constitutional response to information and telecommunication in the post COVID-19, it is required to protect fundamental rights on information, to get rid of digital divide, to establish an information and telecommunication infrastructure and to make safe environment for information and telecommunication. These response should ensure the rights of individuals and develop the conditions for universal use of information and telecommunication. Today, information and telecommunication has already become an important social basis, and it will intensify in the future. It is desirable to variously discuss the way to develop interpretation of the current constitution and to codify the constitutional values of information and telecommunication when Korean constitution will be revised in the future.

Law Against Sexual Harassment of Women at Work Place -a Study

In the beginning, the courts treated sexual harassment as either a criminal violation such as assault or as a civil violation such as a violation of privacy. The first decision in the USA to grant relief for sexual harassment under Title VII of the Civil Rights Act of 1964 was William v. Saxbe1. In 1980, the first prohibitory statute was drafted by EEOC, which issued guidelines for the prevention of sexual harassment at the workplace. Other countries followed either through judicial decisions or statutes - though many of them have only been introduced in the 1990s. The debate on where to situate the legal remedy to sexual harassment depends to some extent on the accepted definitions of sexual harassment, as well as on legal traditions such as statutes enacted if any, or case law in that country. Broadly sexual harassment is covered under four types of laws internationally, which are not necessarily mutually exclusive i.e., a country can have more than one type of Law. Criminal Laws FrameWork This framework holds the accused liable irrespective of the context, workplace, or general. It is necessary particularly for cases of sexual harassment that do not fall within the employment context. The disadvantage of such a law is that it generally implies a fine levied on the accused rather than compensation for the victim. Further, it does not take into consideration the discriminatory aspects of sexual harassment in the workplace, and consequently, there is no employer liability. France is a country with criminal law prohibiting sexual harassment. Until the enactment of Supreme Court guidelines, India too only had specific criminal statutes. Sexual harassment at workplace is a violation of fundamental rights guaranteed in part-IH. Accordingly, a woman who has been sexually harassed can access to certain Constitutional remedies provided for the violation of fundamental rights. Instead of leaving it to the general law of remedies under civil law, the Constitution of India has provided certain special remedies for the enforcement of the rights created by the Constitution. Article 32 of the Constitution of India guarantees the right to move the Supreme Court through appropriate writ petitions for the enforcement of fundamental rights in part-III. Similarly, Article 226 provides for the right to move the appropriate High Courts for the enforcement of fundamental rights and other legal rights. The right to approach the Supreme Court for the enforcement of fundamental rights under Article 32 is itself a fundamental right.

Legislating without Evidence: The Recast of the EU Return Directive

Abstract The article discusses the recast of the EU Return Directive (2008/115/EC) from the perspective of effectiveness and fundamental rights protection, as two underlying objectives of the Directive. Relying on the implementation assessment of the Directive carried out by the European Parliamentary Research Service, the article analyses the way in which Member States have implemented the Directive and how this has impacted the effectiveness of the Directive. If adopted as proposed, will the recast strengthen or further undermine the effectiveness? The assessment focuses on return decision, voluntary departure, entry ban, and detention. It also looks at omissions in the recast proposal, namely a missed opportunity to remedy the current shortcomings as regards non-returnable people. As the article concludes, the recast proposal will hardly improve the effectiveness of return and may lead to violations of fundamental rights of people in an irregular situation.

Prueba ilícita y despido. Desconexión de la nulidad de la prueba lesiva de derechos fundamentales y la nulidad del despido producido con violación de derechos fundamentales.

El derecho fundamental al descanso diario (art. 31.2 CDFUE) que concreta la Directiva 2003/88 relativa a determinados aspectos de la ordenación del tiempo de trabajo debe interpretarse en el sentido de que, cuando un trabajador ha celebrado con un mismo empresario varios contratos de trabajo, el periodo mínimo de descanso diario se aplica a tales contratos considerados en su conjunto y no a cada uno de ellos por separado. The monitoring of the employee's computer equipment by her employer allowed the latter to access the employee's e-mails, outside her work duties, which served as the basis for proving breaches of contract on which the company based its disciplinary dismissal. Once the lower and appellate courts recognized the violation of the worker's fundamental rights to privacy and confidentiality of communications, the appellate judgment disconnected the unlawful taking of evidence with violation of fundamental rights from the dismissal with violation of fundamental rights, declared it unlawful and revoked the declaration of its nullity by the lower court. The Constitutional Court partially granted protection to the worker, considering that her fundamental right to effective judicial protection had been violated only insofar as the contested judgment did not award her compensation for the violation of her fundamental rights in obtaining the unlawful evidence.

Significance of the interview with detained person in modern legal science and practice

The main task of Ukraine as a democratical state is to affirm the rule of law and protect human rights and freedoms. Today, theissues of ensuring human rights and freedoms in the activities of law enforcement agencies remain more relevant than ever, as evidencedby the negative dynamics of increasing the number of decisions taken by the European Court of Human Rights regardingUkraine. A significant number of such decisions concerns violations of fundamental rights and freedoms, including the right to libertyand security of person, the prohibition of torture and other cruel, inhuman or degrading treatment or search. The issue of software forhuman rights, whose freedom is limited, needs special attention. From this position, the introduction of a system of accounting andrecording of actions against a detainee – Custody Records – is of paramount importance for the domestic law enforcement system.Custody Records is a system for ensuring the safety of detainees and staff of temporary detention facilities, which should makeit to record all actions that take place with detainees in the following period: from the moment of actual detention, until the court choosespre-trial detention and release persons in custody. The main task of Custody Records is to improve the standards of protection of therights of detainees by introduction: 1) mandatory «interview» during the submission to the police; 2) electronic recording of all casesconcerning the detained person, starting the moment of his/her actual security; 3) remote external control.«Interview with a detainee» is one of the key innovations of the Custody Records system and is one of the important proceduralissues of the system. The procedure for conducting such an interview remains regulated only at the level of departmental regulations, andthere are no doctrinal studies of this type of the urgent need for normative definition and coverage of the features of «interview with adetainee» in order to regulate the procedure for its conduct at the legislative level. Because, conducting an «interview with a detainee»,wich creates a fixation of data from the words of the person, wich can significantly increase the security guarantee for such people.

Problems of digital transformation of film distribution

The article provides a brief overview of the emergence of the legal market of online cinemas in Russia. The paper reveals that the Governments of many countries have a national policy that is aimed at maintaining internal programming on traditional video platforms. Such policies range from licensing, which requires serving the “public interest” and defines rules for the distribution of certain types of content produced domestically, to requiring content distributors to contribute to the financing of the production of domestic content. The authors investigate that during the implementation of these rules, the Russian government decided on the allocation of limited resources. There was also regulation on whether platforms can solely decide what content to offer their users, or whether viewers should also participate directly. The study concludes that the transition from traditional platforms to online distribution can reduce the effectiveness of existing regulatory regimes and deprive traditional platforms of audience and revenue.The world and Russian experiences of using the Internet prove that today modern information and telecommunications technologies can contain real threats to the violation of fundamental rights and freedoms of citizens, as well as to question the security of society and the state. The only exceptions are progressive or innovative areas related to the provision of new services and the expansion of opportunities for socio-economic development.As a result of the study, the paper identified four problems of Russian film distribution on digital platforms. The authors chose piracy as the first problem of online cinemas. Pirate sites not only illegally copy content from online movie theaters, but they also create copies of their own services to transfer their servers to another platform in case of blocking. The second problem was highlighted by the requirement for foreign owners. The third problem was highlighted by the high cost of online movie theater subscriptions. The authors consider the fourth problem the lack of financial support from the state.

THE PORTUGUESE APPROACH ON UNDOCUMENTED MIGRANTS ACCESS TO HEALTHCARE DURING THE PANDEMIC

Despite being an old problem, the current coronavirus outbreak has shed a light on the lack of access to proper healthcare by undocumented migrants, which is one of the many violations of fundamental rights they face not only in Europe, but also all over the world. However, amidst the global response to the pandemic, the Portuguese policy of granting those migrants full citizenship rights in order to ensure full healthcare coverage has been a much-applauded one. It was of great value to public health and to the protection of other fundamental rights of migrants. This essay addresses the subject from the perspective of the European Union framework, presenting an overview of migrants’ access to healthcare in Member States, especially in Portugal. Finally, it raises the question of the Portuguese approach of granting undocumented migrants access to healthcare during the pandemic can be the first step towards a more inclusive standard policy not only in Portugal, but also in Europe.

Prohibition on Convicts/Under-Trial Prisoners From Wearing Jeans & Sports Shoes Violation of Fundamental Rights?

The prisoners, whether convicts or under-trial, while lodged in jail, do not cease to be human beings just because they are behind the bars. Though the Indian Constitution does not expressly provide for the rights of prisoners, however, they are very much entitled to the fundamental rights guaranteed by the Constitution under Articles 14, 19 and 21. These rights to the convicts and under-trial prisoners have been recognized by the Constitutional Courts, i.e. the Supreme Court and State High Courts in a plethora of decisions. The right to life and liberty under Article 21 being the widest in amplitude, covers within its ambit numerous rights which are available to prisoners as much as they are to free persons, such as right to free legal aid; right to fair and speedy trial; right to live with dignity; right against cruel and inhumane punishment; rights against solitary confinement, handcuffing & bar fetters; right against custodial violence; right of protective homes; right to meet family and friends and right to consult lawyer.

Vicious circle of Ethiopian politics: Prospects and challenges of current political reform

In Ethiopia, different political reforms have taken place. Following this, the country circled viciously into wars at many times. The Derg regime deposed Emperor Haile Selassie in 1974. And the Derg was defeated by the Ethiopian People Revolutionary Democratic Front coalition party in 1991. Albeit the coalition party ruled Ethiopia for more than 27 years, it obliged to make political reform because of high protest from Oromo youths. However, there are debates among scholars regarding the success of current political reforms in Ethiopia. It needs the attention of scholars and political scientists to examine the vicious circle of Ethiopian political reforms. This study addresses the knowledge gaps concerning the prospects and challenges of current political reform in Ethiopia. The finding of this research reveals that the beginning of the political reforms was hopeful because of released political prisoners, returned an exiled political opponents, Ethio-Eritrea rapprochement, and empowerment of women. Later, the constitutional crisis, detentions of many people and opponents, violations of fundamental rights, and war between the central government and the Tigray Region challenged the reforms. It concluded that the Ethiopian political reform circled viciously and could not realize the intended goals because there is mass detention, killing, and eviction like previous governments. The researcher recommended that the detained people and opposition political parties need to be released and come to the table discussion and debate to realize the reform and ensure democratization.

Mental health professionals' feelings and attitudes towards coercion

BackgroundDespite absence of clear evidence to assert that the use of coercion in psychiatry is practically and clinically helpful or effective, coercive measures are widely used. Current practices seem to be based on institutional cultures and decision-makers' attitudes towards coercion rather than led by recommendations issued from the scientific literature. Therefore, the main goal of our study was to describe mental health professionals' feelings and attitudes towards coercion and the professionals' characteristics associated with them. MethodMental health professionals working in the Department of Psychiatry of Lausanne University Hospital, Switzerland, were invited to participate to an online survey. A questionnaire explored participants' sociodemographic characteristics, professional background and current working context, and their feelings and attitudes towards coercion. Exploratory Structural Equation Modelling (ESEM) was used to determine the structure of mental health professionals' feelings and attitudes towards coercion and to estimate to which extent sociodemographic and professional characteristics could predict their underlying dimensions. Results130 mental health professionals completed the survey. Even if a large number considered coercion a violation of fundamental rights, an important percentage of them agreed that coercion was nevertheless indispensable in psychiatry and beneficial to the patients. ESEM revealed that professionals' feelings and attitudes towards coercion could be described by four main dimensions labelled “Internal pressure”, “Emotional impact”, “External pressure” and “Relational involvement”. The personal as well as the professional proximity with people suffering from mental disorders influences professionals' feeling and attitudes towards coercion. ConclusionsAs voices recommend the end of coercion in psychiatry and despite the lack of scientific evidence, many mental health professionals remain convinced that it is a requisite tool beneficial to the patients. Clinical approaches that enhance shared decision making and give the opportunity to patients and professionals to share their experience and feelings towards coercion and thus alleviate stress among them should be fostered and developed.

Covid-19 Pandemi Sürecinin Türk Yargı Sistemine Etkileri

The impact of the new type corona virus, which is thought to spread from the marine animal market in Wuhan, China and announced as a "pandemic" by the World Health Organization of the United Nations, has deeply affected the relations in social life. The effect of this epidemic, which affects the whole world, especially on the judicial system, constitutes the main theme of the study. The judicial process and changes in the judicial order are carried out by legal regulations. In the 1st paragraph of the 6th article of the European Convention on Human Rights; stated that the individual has the right to be tried in line with the principle of fair trial. Accordingly, the fulfillment of the judicial activity within the framework of legal rules is the most important right that provides the legal guarantee of the individual. During the corona epidemic process, regulations were made in order to reduce the human circulation and social relations created by the human factor, the source of contamination, in courthouses and other institutions, with regulatory actions and recommendations. Effective use of material and human resources should be taken into account in the administration's implementation of measures in the crisis management process. During the pandemic process, while digital law practices such as the National Judicial Network Project (UYAP), Sound and Video Information System (SEGBİS) were required to be implemented, following the policy of stopping caused some problems. In order to prevent the liability arising from the violation of fundamental rights and independence,  digital legal instruments should be put into use. However, with this situation, backlogs in the judicial system can be prevented. In the judicial system, it is a great deficiency that UYAP system, which was regarded as "digital courthouse" before the epidemic, is not actively used by all stakeholders. The law, Presidential circular and other regulatory procedures should be supported in a way that will improve the remote judgment process and allow technical studies in accordance with the digitalization process, in line with the legal principles. It is thought that such studies will provide effective use of crisis management by significantly reducing the human circulation in the courthouse environment.

Location-aware systems or location-based services: a survey with applications to CoViD-19 contact tracking

With the CoViD-19 pandemic, location awareness technologies have seen renewed interests due to the numerous contact tracking mobile application variants developed, deployed, and discussed. For some, location-aware applications are primarily a producer of geospatial Big Data required for vital geospatial analysis and visualization of the spread of the disease in a state of emergency. For others, comprehensive tracking of citizens constitutes a dangerous violation of fundamental rights. Commercial web-based location-aware applications both collect data and—through spatial analysis and connection to services—provide value to users. This value is what motivates users to share increasingly private and comprehensive data. The willingness of users to share data in return for services has been a key concern with web-based variants of the technology since the beginning. With a focus on two privacy preserving CoViD-19 contact tracking applications, this survey walks through the key steps of developing a privacy preserving context-aware application: from types of applications and business models, through architectures and privacy strategies, to representations.

Internet Shutdown: Is It Violation of Fundamental Rights?

Internet shutdowns are now on the increasing. In countries where more citizens depend on social networking networks and mobile payment services, the consequences of network failures are incredibly harsh. These disturbances impact a country's total expenditure profile, hinder economic development, threaten the digital economy's supply chain, and contribute to democratic demobilization and self-censorship. This paper objectively examines the influence of internet shutdowns on communities focused on specific Kashmir instances. Internet shutdowns have been commonplace as demonstrated by the pace at which the two governments utilized such communicative raptures and attacks to stifle the free flow of media, freedom of speech and freedom of expression. This paper seeks to analyze the results. In addition to the short-term consequences, there are also long-term impacts that linger even after restored online and social networking sites. It further seeks to push past the divisive discussion and consider solutions to the closure including turn it going and switch it off. We also explore the scope of regulation as it comes to shutdowns being enforced and executed.

The “warm welcome by South Africa of the stealthy introduction of impunified disregard for and violation of fundamental rights”: A legal-political commentary on the SADC Tribunal jurisprudence in South Africa

The “warm welcome by South Africa of the stealthy introduction of impunified disregard for and violation of fundamental rights”: A legal-political commentary on the SADC Tribunal jurisprudence in South Africa

Exploring mutual trust through the lens of an executing judicial authority: The practice of the Court of Amsterdam in EAW proceedings

In the groundbreaking decision Aranyosi and Căldăraru, the Court of Justice of the European Union (CJEU) recognised that in exceptional circumstances, the risk of a possible breach of the right not to suffer inhuman or degrading treatments may qualify as a ground to suspend a European arrest warrant (EAW) and, ultimately, bring the surrender procedure to an end. In this judgment (and in the subsequent decision in LM, dealing with the right to a fair trial), the Court has devised a two-tier test to assess the real risk of a violation of fundamental rights after surrender. Yet the Court has left significant discretion to executing authorities in conducting their assessment of risk, thus raising questions as to how the two-tier test would be implemented at the national level. To address some of these questions, this article examines the practice of the executing authority for the Netherlands (the District Court of Amsterdam) concerning decisions on EAWs that may entail a real risk for fundamental rights. To do so, we analyse the judicial reasoning of decisions issued between June 2016 and June 2020 which implement the tests designed by the CJEU in Aranyosi and LM. The results of this analysis indicate that the Court of Amsterdam has gradually shifted the emphasis from mutual trust to fundamental rights. However, the Dutch court resists automaticity and scrutinises the relevance of any information attentively. This attitude indicates a readiness to engage in a dialogue with the issuing authorities together with resistance to indulge in ‘blind trust’.

Scandalizing the judiciary: An analysis of the uneven response of the Supreme Court of India to sexual harassment allegations against judges

Abstract The Supreme Court of India (SC) pronounced a momentous judgment in Vishaka v. State of Rajasthan in 1997, categorically recognizing the menace of sexual harassment (SH) at workplace and constitutionally rendering it as being in violation of fundamental rights guaranteed by Articles 15, 19, and 21 of the Constitution of India 1950. The Court also provided a mechanism for redressal against SH, which was ultimately reinforced by Parliament with the enactment of Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act 2013 (POSH Act). However, when it comes to allegations of SH against judges in the SC and High Courts by its employees, interns, or lower court judges, the response of the SC has been abysmal to say the least. There is a systematic pattern to suggest foul play and conspiracy in each such allegation, and judges, including even the Chief Justice of India (CJI), have not hesitated to openly indulge in victim-shaming and-blaming. In other words, the court has not been able to uphold its own jurisprudence on sexual harassment, which it expects to be scrupulously adhered to by other organs of the state. It is submitted that in not supporting the cause of victims alleging SH against judges, the other organs of the state are also party to this constitutional decay and serious infraction of fundamental rights. It leads us to ask the question, how can we guard against the guardians?

THE REVIEW OF PILOT JUDGMENT (Y.T. DECISION) BY THE CONSTITUTIONAL COURT DATED ON 30.05.2019 AND AN ASSESSEMENT ON THE EFFECTIVE APPLICATION AGAINST THE DEPORTATION ORDER

Anayasa Mahkemesi, Anayasa ve Avrupa İnsan Hakları Sözleşmesi kapsamında korunan bir temel hakkın ihlalinin yapısal bir sorundan kaynaklandığını ve bu sorunun benzer nitelikte başvurulara yol açacağını tespit ederse pilot karar uygulamasını başlatabilir. Anayasa Mahkemesi bu bağlamda ilk pilot karar uygulamasını başlatmıştır. Pilot karar uygulamasına neden olan yapısal sorun, sınır dışı edilmelerine karar verilen belli yabancılar açısından etkili bir yargı yolu olmamasıdır. Bu sebeple Anayasa m.40’ın ihlal edildiği tespit edilmiştir. İhlal bir uygulamadan yahut kanun hükmünün yanlış yorumlanmasından değil, bizzat kanun hükmünden kaynaklanmaktadır. Çalışma kapsamında Anayasa Mahkemesinin pilot karar uygulamasına esas alınan Y.T. başvurusu incelenecek ve pilot karar uygulamasının sebepleri ve muhtemel sonuçları hakkında görüş ve öneriler bildirilecektir.

Evolution and Exercise of the Power of Judicial Review of Executive Actions in Pakistan

In the modern democracies the protection of fundamental rights has gained immense importance. The fundamental rights are guaranteed by the constitutions of democratic states. The courts are empowered through the power of judicial review to protect fundamental rights against any violations of these. The concept of judicial review of executive actions emerged from the concept that the powerful executive can jeopardize the rights of the people for their political interests and there should be an independent forum to check the abuses of the human rights by the executive. In the modern era the power of judicial review has proceeded one step further as, in addition to the violation of fundamental rights, it has started examining the issues of good governance and disputes between state organs. Pakistan inherited the idea of judicial review of executive actions from the supervisory jurisdiction of English Courts to issue prerogative writs. Subsequently, Pakistan specifically incorporated the judicial review powers in the 1962 Constitution. The provincial high courts and the Supreme Court are entrusted with the power of judicial review; however, the Supreme Court can adjudicate upon matters of fundamental rights if they involve public importance. This research work examines the importance of judicial review of executive actions for the protections of fundamental rights. Then the evolution and exercise of judicial review of executive actions by the higher courts in Pakistan is analysed. This study finds that the superior courts in Pakistan have actively used this power to protect fundamental rights but in their drive to protect fundamental rights sometimes they have encroached into the jurisdiction of the other state institutions.

Topical Issues of the Application of the Case-Law of the European Court of Human Rights in the Criminal Process of Ukraine

The purpose of the article is to identify and analyze topical issues of the application of the case-law of the European Court of Human Rights (hereinafter - ECtHR) in the context of the implementation of the current criminal procedural legislation of Ukraine. To achieve this purpose, the authors have studied the scientific positions of the lawyers, the relevant provisions of the current legislation of Ukraine, the requirements of international legal acts and the case-law of the ECtHR. The general provisions of the criminal process science were methodological basis of the study. The authors of the article used the following methods of scientific knowledge: systematic, logical, semantic, comparative and documentary analysis. The place of the case-law of the ECtHR in the system of national legislation has been clarified, in particular the decisions of this Court are binding throughout Ukraine, and national courts have to apply the case-law of the ECtHR as a source of law. It is argued that the right of Ukrainian communities to seek the protection of their rights and freedoms under the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter - ECHR) is an additional guarantee against arbitrariness of the public authorities and officials who violated or restricted them. It was stated that even after implementation of the universally recognized norms and principles of international law in the sphere of protection of human rights and freedoms into current criminal procedural legislation of Ukraine, the facts of their violation occur. This, in turn, leads to the adoption of the ECtHR decisions against Ukraine, in which 90% of cases state violations of fundamental rights and freedoms guaranteed by the ECHR.