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Journal Cover   International Journal of Human Rights and Constitutional Studies
  [8 followers]  Follow
   Hybrid Journal Hybrid journal (It can contain Open Access articles)
   ISSN (Print) 2050-103X - ISSN (Online) 2050-1048
   Published by Inderscience Publishers Homepage  [401 journals]
  • Nationality and citizenship in the Spanish constitutional democracy
    • Authors: Amir Mansoor Kamali, Christopher Bailey, Jim Austin
      Pages: 115 - 136
      Abstract: The terms nationality and citizenship are often used as synonymous or as concentric circles, ignoring their different functionality within the legal system. The paper shows how nationality and citizenship serve to measure respectively the greater or lesser degree of individual subjection to the legal system and the varying degrees of social participation, contributing thereby the nationality to the maintenance of external functional differentiation of the legal system and the citizenship to its internal differentiation. Accordingly, from the point of view of democratic pluralism and equality, the paper challenges the nationality criteria and the ethno-political requirements for naturalising, used to build a culturally homogeneous people. Identically, the paper questions the idea of reducing citizenship to core political rights and remarks that there are more ways of social participation than politics and that politics admit different levels of participation that correspond to different degrees of citizenship.
      Keywords: nationality criteria; citizenship; democracy; naturalisation; sovereignty; multiculturalism; comparative constitutional law; fundamental rights; Spain; democratic pluralism; equality; political rights; social participation
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 3, No. 2 (2015) pp. 115 - 136
      PubDate: 2015-07-13T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2015.070606
      Issue No: Vol. 3, No. 2 (2015)
  • Death penalty in Kenya and the global trend towards its abolition
    • Authors: Amir Mansoor Kamali, Christopher Bailey, Jim Austin
      Pages: 137 - 156
      Abstract: The debate on death penalty has since time immemorial attracted public interest. Pragmatic arguments for and against death penalty have been advanced and the longstanding and heated debate seems to hardly come to an end. Central to the critical and unending debate are religious, philosophical, legal and ethical values that inform it. The debate has also been anchored on whether a country for which human dignity is a supreme value, can without fundamental discrepancy, successfully carry out the practice of deliberately executing its people. This paper reviews the constitutional and human rights issues that surround the question of death penalty in Kenya in particular, in the light of approaches adopted in different jurisdictions. The paper, however, does not ignore moral, political and cultural perspectives on death penalty.
      Keywords: death penalty; capital punishment; Kenya; human dignity; right to life; inhuman; degrading; death penalty abolition; constitutional rights; human rights; morality; culture; politics; moral perspectives; political perspectives; cultural perspectives
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 3, No. 2 (2015) pp. 137 - 156
      PubDate: 2015-07-13T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2015.070604
      Issue No: Vol. 3, No. 2 (2015)
  • Free and fair elections: Mugabe and the challenges facing elections in
    • Authors: Mediel Hove, Geoff Harris
      Pages: 157 - 170
      Abstract: This article evaluates Zimbabwe's election processes which many observers believe failed the test of being 'free and fair', guided by the mandate of the Government of National Unity as enshrined in the Global Political Agreement. In fact, it reveals the extent to which President Mugabe and his party were able to undermine the electoral process in Zimbabwe by violating principles of democracy. It argues that the Government of National Unity was unable to institute reforms in the media and the Zimbabwe Electoral Commission after the 2008 deeply contested elections because of President Mugabe's tactics of subverting democratic electoral processes. Furthermore, it asserts that the media and the Zimbabwe Electoral Commission acted in ways which strongly advantaged the Zimbabwe African National Union Patriotic Front to the detriment of the opposition political parties including the Movement for Democratic Change formations. It concludes that several pre-requisites must be met by a number of institutions and other crucial stakeholders for future peaceful, free and fair, credible and legitimate elections to be held in Zimbabwe.
      Keywords: Zimbabwe Electoral Commission; ZEC; Southern Africa Development Community; SADC; media; free and fair elections; Global Political Agreement; GPA; President Mugabe; democracy; electoral process; credible elections; legitimate elections
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 3, No. 2 (2015) pp. 157 - 170
      PubDate: 2015-07-13T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2015.070609
      Issue No: Vol. 3, No. 2 (2015)
  • Critiques of the pursuit of truth as a justificatory theory of free speech
    • Authors: Mediel Hove, Geoff Harris
      Pages: 171 - 180
      Abstract: The justificatory theory of the pursuit of truth claims that free speech should be protected despite its potential harmful consequences because it facilitates the marketplace of ideas for pursuing truth. This article is a critical examination of this theory. It finds that: 1) the theory does not distinguish between the apparent utility of free speech and the intrinsic value of free speech as a form of freedom; 2) it does not consider free speech as an end in itself. By considering free speech as a means, it implies that whatever external utility justifies the protection of free speech can also justify its restriction; 3) the theory is partially based on an illusionary marketplace of ideas without realising the potential deficiency, inefficiency, and inequality in expressive opportunities in any possible marketplace of ideas. Therefore, the theory cannot provide a coherent framework for both the justification and the limit of free speech.
      Keywords: free speech; human rights; marketplace of ideas; free speech limitations; justification; pursuit of truth; freedom; truth discovery; utility; intrinsic value
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 3, No. 2 (2015) pp. 171 - 180
      PubDate: 2015-07-13T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2015.070610
      Issue No: Vol. 3, No. 2 (2015)
  • Design of pre-listening tasks in hypermedia environments
    • Authors: Mediel Hove, Geoff Harris
      Pages: 181 - 201
      Abstract: In this article, firstly the definition of autonomy will be slightly touched on. Secondly, the categorisation of autonomy will be briefly made. Mainly and finally, what need to be taken into account in order to be able to design and create pedagogically and psychologically effective and useful pre-listening tasks in hypermedia environments for autonomous (intermediate) language learners will be accounted for. The design and development of the pre-listening tasks will be looked at from the points of view of: 1) autonomous language learners; 2) hypermedia environments; 3) findings in the field of foreign/second language learning (FLL/SLL) and computer assisted language learning (CALL). Concrete examples of the pre-listening tasks for autonomous (intermediate) language learners in hypermedia environments will be provided and the assumptions underlying them will be explained.
      Keywords: pre-listening tasks; listening; design; hypermedia; multimedia; autonomous language learners; activities; pre-listening stage; autonomy definition; foreign language learning; second language learning; computer assisted language learning; CALL; computer as
      Citation: International Journal of Human Rights and Constitutional Studies, Vol. 3, No. 2 (2015) pp. 181 - 201
      PubDate: 2015-07-13T23:20:50-05:00
      DOI: 10.1504/IJHRCS.2015.070601
      Issue No: Vol. 3, No. 2 (2015)
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