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Journal Cover International Journal of Human Rights and Constitutional Studies
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   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 2050-103X - ISSN (Online) 2050-1048
   Published by Inderscience Publishers Homepage  [424 journals]
  • Justice Verma committee: an illustration of deliberative democracy in
           India
    • Authors: Rajinder Kaur, Rashmi Aggarwal, Jagteshwar Singh Sohi
      Pages: 5 - 31
      Abstract: The objective of having a democracy is an ideal path towards just society. We, as a society, have moved onto a newer system which then has seemed best suited to achieve the utopian dream of a just social position. Thus, the move towards a deliberative ideal of Authority has been a part of to evolve human thought with respect to the best possible method of achieving a Just society. The paper is divided into three parts; first part, of the paper discusses the recent crisis in democracy and impact of political conditions on the same. The second part of the paper focuses on deliberative democracy and its essential elements. The third part of the paper is an operational one which tries to harmonise the working of Verma committee constituted in India with the essential elements of deliberative democracy. It analyses the working of Verma committee where such a mass participation was perceived to enact legislation. Apart from the public the Verma committee sought opinions of higher judiciary and members of the national and international academia. The paper concludes strengthening the idea that We the society can fulfil our Responsibility to help form a more Just society.
      Keywords: deliberative democracy; India; Verma committee; representative democracy; mass participation
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 5, No. 1 (2017) pp. 5 - 31
      PubDate: 2017-03-06T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2017.082687
      Issue No: Vol. 5, No. 1 (2017)
       
  • Separation of power in Kenya: analysis of the relations between
           judiciary and the executive
    • Authors: Rajinder Kaur, Rashmi Aggarwal, Jagteshwar Singh Sohi
      Pages: 32 - 42
      Abstract: The separation of powers doctrine is a fundamental principle of law that maintains that all three organs of government remain separate. This requires that the judiciary, the executive and the legislature all remain distinct from each other to ensure that the different arms of government do not encroach upon each other. The rationale of the separation of powers is often elided with the rationale of checks and balances and with the rationale of the dispersal of power generally in a constitutional system. The subject is divided into two substantive parts. The first part analyses the origin, nature, purpose and major modern manifestation of the doctrine of separation of powers. The second part focuses on how the doctrine operated in Kenya under the repealed constitution (pre-2010) and how it has contributed to a solid and sustained constitutional system post 2010. The relationship between the executive and the judiciary forms the crux of the second part with judicial independence as a common theme.
      Keywords: separation of powers; executive; judiciary; legislature; checks and balances; judicial independence; judicial activism; judicial restraint; Kenya; constitution; executive-judiciary relationship
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 5, No. 1 (2017) pp. 32 - 42
      PubDate: 2017-03-06T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2017.082689
      Issue No: Vol. 5, No. 1 (2017)
       
  • Major women's right issues in Ethiopia: examining efficiency of
           the law and its enforcement
    • Authors: Rajinder Kaur, Rashmi Aggarwal, Jagteshwar Singh Sohi
      Pages: 43 - 59
      Abstract: Ethiopia, after ratification of several international human right instruments took legislative and other important measures to respect the rights of women in general. However, such measures are remained to be insufficient. Abuses of women rights continued to persist; perpetrators remained unpunished or punished with fines or quiet few years of imprisonment for gross violations of women's rights. Particularly, the situation of domestic violence including intimate partner violence, as some scholars rightly put it, is beyond the expectation of the 21st century. The article is meant to show the readers the existence of violence against women and harmful traditional practices including domestic violence, sexual violence, FGM and early marriage as well as to show gaps on the administrative and legal measures taken by relevant actors to tackle the problems in light of the international human right standards.
      Keywords: abduction; domestic violence; early marriage; female genital mutilation; FGM; harmful traditional practices; sexual violence; women's rights; Ethiopia; law enforcement; international human rights; abuse
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 5, No. 1 (2017) pp. 43 - 59
      PubDate: 2017-03-06T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2017.082690
      Issue No: Vol. 5, No. 1 (2017)
       
  • Information without borders: towards a framework for extra-territorial
           respect for the right to privacy
    • Authors: Rajinder Kaur, Rashmi Aggarwal, Jagteshwar Singh Sohi
      Pages: 60 - 81
      Abstract: Informational de-territorialisation is making the right to privacy more vulnerable as communications pass through international borders or are susceptible to mining when published on the internet. A factual relationship emerges where states acquire personal data relating to non-citizens outside of their territory, which triggers a fiduciary relationship that makes the state responsible for the respect of the non-citizen's right to privacy, and for ensuring that right, which remains subject to legitimate limitations or derogations.
      Keywords: fiduciary theory; extra-territorial respect; right to privacy; technology; information ethics; human rights; personal data; internet
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 5, No. 1 (2017) pp. 60 - 81
      PubDate: 2017-03-06T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2017.082692
      Issue No: Vol. 5, No. 1 (2017)
       
  • Child labour in Pakistan: consequences on children's health
    • Authors: Asia Ashfaq, Rabia Ali, Ume Habiba, Maryam Ashfaq
      Pages: 82 - 90
      Abstract: Child labour is a global issue confronted by many countries around the globe including Pakistan. This research was conducted with the aim to examine the phenomenon of child labour from the perspective of earners that is the children. It exclusively emphasises on how child labour affects the physical and psychological health of the children in District Gujrat. To meet the targets of this research, quantitative methodology was used and a total of 150 children were selected by using simple random technique. Data was collected through questionnaires and it was analysed by using SPSS. The findings highlight that children were forced to earn to contribute to the family income. It was found that the environment at the workplace had adverse effects on the children's health. Research insinuations and future direction is as well specified in the paper.
      Keywords: child labour; child health; earner perspective; Gujrat; Pakistan; realities; children; family income; physical health; psychological health
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 5, No. 1 (2017) pp. 82 - 90
      PubDate: 2017-03-06T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2017.082691
      Issue No: Vol. 5, No. 1 (2017)
       
 
 
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