International Journal of Human Rights and Constitutional Studies (10 papers in press)
The Development and Practice of Citizenship and Citizenship Rights in Ethiopia: Crude Assessment in Three Consecutive Regimes
by Gizachew Gifayehu
Abstract: Instilling democracy on an unshakable ground in a given society is the main goals of political leaders and political philosophers. This process on its base needs an educated citizen that clearly understands and develops an inherent character about ones own rights and responsibilities. At its core, Citizenship is the legal status of citizens which advocate and empower citizenship rights in the political system. At minimum, there will be the right to be domiciled in and take part in the political decision-making process of the state, usually through voting. Forming an inclusive and responsible citizen is also one of the basic and critical point throughout the history of state formation of Ethiopia. Especially, in multicultural society like Ethiopia, social, cultural, economic and political exclusion will be the basic problem that the country faces. Maybe it will be possible to reduce these social problems through the introduction of different legal statements and rules. However, the legal inclusion can never be a guarantee for developing and ensuring social and cultural inclusion of individuals in a given political community. Rather, educating and creating awareness about citizenship and citizenship rights can possibly mitigate such problems from the grassroot level. Bearing this in mind, the paper attempt to made general assessment and explication about the development and practice of citizenship and citizenship rights in Ethiopia. In doing so, different literature, legal documents, governmental reports and records were used as sources of data. Accordingly, this paper made an assessment, though not made a conclusion, about practice and development and practice of citizenship in to four basic periods namely, pre-Emperor Haile Selassie, Haile Selassie, Derg and the EPRDF.rnrn
Keywords: Citizenship; citizenship rights; Nationality; Citizen; Human rights.
The practice, Adherence and Contravention of Human Rights of Public Sectors Governance in Amhara National Regional States, Ethiopia
by Gizachew Gifayehu
Abstract: One of the basic democratic values which will never be compromised is the human rights of citizens. Accordingly, the basic issues that expected to be seriously considered in public sector governance is the issues of human rights. Cognizant of this, the research investigates the practice, adherence and contravention of human rights during service delivery process of public sectors in Amhara National Regional State (ANRS). In achieving this basic objective, a combination of quantitative and qualitative research approaches was used. To realize this, a combination of both probability (simple and convenience) and non-probability (purposive and quota) sampling techniques was applied. Finally, individual respondents were contacted from customers and authorities of public service providing institutions using convenience sampling. The collected data were analyzed using both qualitative (thematic analysis) and quantitative (Likert Rating Scale) data analysis techniques. After an intensive investigation of primary and secondary data through qualitative and quantitative data analysis methods, the research team conclude that the place and adherence of human rights in public sectors were very fragile and Hereof, the research team recommends that the public sectors need to develop a human rights-based services delivery approach. As per the primary data collected, the study reveals that there are serious human right contraventions which needs to be made a considerable measure to ensure and protect the right to access of customers in public sectors.
Keywords: Good governance; public sector; Public sector governance; human rights; Public service.
Digital Transformation of Society and Economy Ethical Considerations from a Human Rights Perspective
by Peter Kirchschlaeger
Abstract: The digitalization, robotization, and automatization of society and economy, along with the use of artificial intelligence embrace chances and challenges from an ethical perspective. In health care, for example, the robotized support of humans with disabilities empowers them to live an autonomous life; financial markets benefit from higher speed, data-volume, and greater precision for their transactions; innovative business-models open new horizons and contribute to progress; technology-based economic processes relieves humans empowering them for other tasks. At the same time, digital transformation will lead to a substantial loss of paid jobs because technological systems create fewer costs than human employees, and this is due to self-learning systems requiring less human input then former technologies pushing earlier transformative processes. The reduction of the paid labor-market will provoke a lack of sources of income, of financial means for social welfare, of structuring daily life, of purpose of life, and of the self-understanding of humans. Beyond that, it will contribute to the widening of the gap between rich and poor because less people are directly involved economically and socially in a more efficient and more effective value-creation-process.rnDue to their moral capability, humans remain liable for technological development. This ethical responsibility cannot be delegated to technologies because technological systems do not possess moral capability to autonomously define moral norms which are universalizable. Technological progress must receive its ethical orientation from humans. Ethics must, therefore, interact continuously with technological progress.rnIn this article, in a first step, ethical principles serving the ethical assessment of the digitalization, robotization, and automatization of society and economy, as well asthe use of artificial intelligence (more generally) will be introduced. Secondly, digital transformation will be analyzed from an ethical perspective, and its chances and challenges will be discussed. Thirdly, regarding the challenges, specific solutions will be developed from an ethical standpoint.rn
Keywords: digitalization; robotization; automatization; artificial intelligence; ethical perspective; digital transformation; moral capability; humans; technological development; responsibility; ethical orientation; ethics; principles.
Responsibility to Accountability: A Paradigm shift in business and human rights interface
by Aneesha P R
Abstract: When the role of business in society got elaborated due to globalisation, corporations began to have control in the life of the people. The changed neoliberal economy poses new challenges to human rights. Corporate social responsibility was developed and evolved in this context to make the corporations more responsible towards society and to contribute to the developmental and welfare measures as a token of gratitude to the society for utilising the natural and other social resources at the expense of all other members of the society. But the whole frame work of CSR is built upon a voluntary paradigm which is not in anyways creates any legal obligation on corporations. This paper is an enquiry into the need of fixing the accountability standards for business corporations in terms of human rights. The theoretical and practical limitations of bringing it out have also been discussed.
Keywords: corporate accountability; business and human rights; human rights and business interface.
The citizenship institution in Republic of Kazakhstan: past and future
by Aidana Otynshiyeva, Alua Ibrayeva
Abstract: The significance of citizenship in any legal system is of paramount and copious importance. This article discusses notion, the concept of citizenship and issues of citizenship around KZ legislation. Features of citizenship in KZ are appropriately disclosed. Particular attention is paid to the demands of taking Kazakh citizenship, to the privileges and consequences. The conclusion was that it is worth considering before getting new citizenship or acquiring foreign nationality.
Kazakhstan adopted its Law on Citizenship on 20 December 1991. This law was scheduled to come into effect on 2 March 1992. According to general reports, the law is supposed to recognize the equality of all nationals regardless of social and property status, nationality, religion, political affiliation and other convictions. The law allows ethnic Kazakhs who currently live outside Kazakhstan to return to the land of their forefathers. Approximately three million Kazakhs are believed to reside outside Kazakhstan, many of whom are in China and Mongolia. The law apparently does not recognize dual nationality.
Kazakhs in the diaspora-mainly ethnic Kazakhs and their descendants who fled because of Stalins forced collectivization policies in the 1920s and 1930s-are encouraged returning to Kazakhstan. Any ethnic Kazakh living abroad is entitled to Kazakhstani citizenship and may retain any other citizenship he or she may already have. Anyone else must apply for permission to immigrate and must renounce any other citizenship. Ethnic Kazakh citizens already living in Kazakhstan, as well as non ethnic Kazakh citizens, are not permitted to obtain another citizenship without losing their Kazakhstani citizenship.
Keywords: citizenship; nationality; national identity; membership; individual; and rights.
Sovereign Choices. Some Critical Remarks on the Wightman Judgment of the Court of Justice
by Giuseppe Martinico
Abstract: On 10 December 2018, the CJEU delivered the Wightman judgment where, among other things, it recognised the revocability of the notification ex Art. 50 TEU, confirming, in this way, more or less what Advocate General Campos Sanchez-Bordona had suggested in his opinion. This piece is divided into two parts. In the first part of the article I shall comment upon the idea of legal integration presented by the CJEU in this judgment and in so doing I shall represent the EU as a complex legal system. In the second part of the article, I shall offer a critical view of the legal reasoning of the Court.
Keywords: Wightman; Brexit; complexity; European Union; European Court of Justice (CJEU); Miller.
Contemporary Development and Gandhian Perspective: An Analysis of state of humanism in present
by Preeti Sharma
Abstract: Gandhian philosophy of non-violence, goodwill, and mutual accommodation, as opposed tornbluster, confrontation and violence, is of great relevance in solving problems of not only past butrnalso of the very present era of technological and globalized world. The U.S. and its supportersrnhave an opportunity to defuse the North Korean crisis and lay the foundations for an enduringrnNortheast Asian and global peace by establishing an international diplomacy of Gandhi. Gandhirncan be harnessed for the benefit of all humanity. Gandhian concepts are able to teach us thernethical value, need and justification for a reorientation of our being i.e. moral being andrntransformation of our societal aspects of existence. We need to identify the crisis and its basicrnnature. From Gandhi's point of view, the crisis consists in non-realization and non-perception ofrnour perfectibility in terms of our ability to transcend the 'brute force' within ourselves. At presentrnthe crisis has percolated into almost all sectors of human life. Violence in domestic, public,rnsocio-cultural and political spheres has become rampant and limitless in various shapes. Greedrnfor power is another important component of it. Egotism has gone beyond all limits in individualrndomain of life the removal of which would have been possible by self-correction throughrnindividual moral spiritual practice; it has now become the essence of national, social, ethnocultural and ethno-national life of men and women. This paper seeks to understand the Gandhianrnway that suggests a holistic insight into it for humanism. It also seeks for the role of moralrnpractice of ahimsa mentioned by Gandhi in an integrated sense that bridges the gulf betweenrnindividual and collective lives in present era. Non-perception of the 'soul force' within us is thernchief characteristic of the crisis today which can be seen in tha case of US- Korea conflicts.
Keywords: Gandhian philosophy; Non-violence; North Korean crisis; Humanism; Egotism.
The Rational Nature of Possession liability Rule in Non-authoritative Possessor Responsibility from Point of View Islamic law
by Ali Taghipourian, Javad Niknejad, Mehdi Esmaeili
Abstract: In the fields of jurisprudence and law, there is a discussion of the rational nature in the process of deduction. The most important factor in helping the jurisprudent to achieve the Islamic Shari'a and its rules contained therein is paying attention to the sources of jurisprudence and having the principles in extracting sentences. The mission of the jurisprudent before ijtihad is accurate recognition of correct method of ijtihad through juridical rules and principles. Islamic jurisprudence uses four sources (Quran, tradition, intellect, and consensus) to extract sentences. Mohammad Ibn Ahmad Sarakhsi, in his book "Principles of al- Sarakhsi ", considers the principles of the law as Quran, tradition, and consensus, and considers the deduction as a principle derived from the three previous ones. rnMohammad Ghazali says in his book Al-Mustasfa: rational reason appoints the negation of principle, which expresses the fact that there is a rational reason along with three other ones Quran, tradition, consensus, Of course, as a specific reason and problem. Therefore, it can be said that there is no difference in the source of reason in Shia and Sunni expression. On the other hand, one of the categories of responsibility and liability of people in jurisprudence and law is the rule called "Possession Liability Rule" which is based on prophetic hadith the possession liability rule and usurpation institution which expresses the responsibility and liability of non- authoritative possessor of somebody elses property that can mention the usurper, or to someone who is the buyer of somebody elses property in officiousness that the original owner did not enforce the trademark transaction, and that property has been taken over by the buyer without permission. This responsibility is complied with both by sharia and reason with the legal basis of the law.
Keywords: intellect; usurpation; possession liability; non- authoritative possessor.
The Role of Subordinate Judiciary in Enforcing Citizens Rights: Bangladesh Perspective
by Md. Milan Hossain
Abstract: The onerous responsibility of the Judiciary of a country is to protect citizens rights enshrined in the constitution and general laws. Bangladesh Judiciary either higher judiciary or subordinate judiciary (lower judiciary) is also discharging its onerous responsibility enshrined in the constitution and under ordinary statutory laws in protecting citizens rights. Bangladesh Judiciary especially magistrate courts were separated from the Executive on 1st November, 2007 and all other courts including Supreme Court and civil courts were separate and independent from the beginning of the birth of Bangladesh. In this paper, the researcher examines the role of the lower judiciary in enforcing and protecting citizens rights in the period (2008-2016) where it is revealed that lower judiciary has played very positive role in the said period; it is also found that the disposal rate in judicial magistrate courts was increased in comparing with period of (1972-2007) but it was lesser than filing new cases in the period of (2008-2016).
Keywords: Subordinate Judiciary; Judicial Magistrate Courts; Citizens Rights; Separation of Judiciary; Bangladesh.
THE CONCEPT OF SOVEREIGNTY IN GHANAIAN CONSTITUTIONALISM
by Raymond Atuguba
Abstract: As a measure to encourage and illustrate the elaboration of the constitutions of African countries for more popular consumption, this article explores the concept of sovereignty in Ghanas constitutional law and practice. In so doing, the article sets out a detailed exploration of article 1(1) of the Constitution of Ghana (on sovereignty) in five parts: a discussion of the use of the words sovereignty and sovereign in the Constitution; an examination of sovereignty as a concept, including its historical manifestation in various Constitutions of Ghana; an identification of where sovereignty does not lie in Ghana; argues that sovereignty does not and should not be located anywhere else but in the people of Ghana; and finally, having located sovereignty, illustrates how the people of Ghana may exercise sovereignty within constitutional parameters.
Keywords: Ghana – Law – Constitution – Sovereignty – Ghanaian People.