JournalTOCs

International Journal of Human Rights and Constitutional Studies
Number of Followers: 17

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 2050-103X - ISSN (Online) 2050-1048
Published by Inderscience Publishers

[439 journals]

Human rights concerns in the State of Assam, India in situation of
insurgent movement: special reference to the rights of women
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  Authors: Jahnabi Devi, Bipul Das
  Pages: 1 - 10
  Abstract: The problem of insurgency has posed a major threat to the whole concept of human rights and human security. The North East region of India in general and Assam in particular has been experiencing the problem of insurgency since last six to seven decades. The State of Assam has also been witnessing this problem and the insurgent movements led by different groups have created major problems to the rights and security of the common people. Particularly women have to face insecurity and violence and this has resulted in gross human rights violation of Assam. Rights of women are being violated both by the insurgent groups as well as state actors in situation of insurgency and armed conflicts in Assam. Through this article, an effort is being made to examine the issue of human rights violation of women in the context of insurgency movement in Assam.
  Keywords: insurgency; gender; human rights of women; India
  Citation: International Journal of Human Rights and Constitutional Studies, Vol. 10, No. 1 (2023) pp. 1 - 10
  PubDate: 2022-12-13T23:20:50-05:00
  DOI: 10.1504/IJHRCS.2023.127646
  Issue No: Vol. 10, No. 1 (2022)
The Greek referendum of July 5, 2015: on legitimacy and state
credibility
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  Authors: Jahnabi Devi, Bipul Das
  Pages: 11 - 22
  Abstract: The Greek bailout referendum of July 5, 2015 has been in the spotlight for quite a long time, particularly because of its significance for the state's fate regarding its stay in the European Union (EU). The referendum has attracted extensive theoretical discussion regarding its political implications. This was pretty anticipated, due to the state's bankruptcy, and the long-standing austerity measures imposed on Greece's citizens. The economic and political scenery in Greece was marked by this unprecedented, by European standards, crisis. From this perspective, there has been a long debate over the credentials of rational decision-making by the Greek people, as well as the following governmental moves in negotiating with the state's lenders. On the contrary, little attention has been paid on the legal aspects of this referendum: 1) issues of constitutionality; 2) legitimacy; 3) the state's international credibility have been sidestepped. These are the major axes of this research.
  Keywords: constitutionality; Greek bailout referendum; judicial review; legitimacy; state credibility; decision-making; participatory democracy; direct democracy; European Union; economic crisis
  Citation: International Journal of Human Rights and Constitutional Studies, Vol. 10, No. 1 (2023) pp. 11 - 22
  PubDate: 2022-12-13T23:20:50-05:00
  DOI: 10.1504/IJHRCS.2023.127669
  Issue No: Vol. 10, No. 1 (2022)
The constitution comes second: how the Constitutional Court of Kosovo
disregards the supremacy of the constitution
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  Authors: Jahnabi Devi, Bipul Das
  Pages: 23 - 36
  Abstract: This article examines the Kosovo Constitutional Court's controversial practice of overlooking the Kosovo Constitution's normative supremacy in its jurisprudence. While all constitutional organs can participate in ensuring constitutional supremacy, the role of a Constitutional Court in this regard is unsurpassed as the final interpreter of a constitution's meaning. That said, rather than carefully following the Kosovo Constitution, the Kosovo Constitutional Court frequently relies on other legal sources to reach a decision, although they might directly contradict the Constitution. These sources include ordinary legislation, foreign legal experience, Venice Commission materials, and ECtHR's case-law (not on Kosovo). Often, this practice results in diminished human rights protection, as evidenced best in the Etem Arifi case.
  Keywords: Kosovo Constitutional Court; constitutional supremacy; normative hierarchy; constitutional interpretation; comparative constitutional law; human rights; judicial review; Kosovo
  Citation: International Journal of Human Rights and Constitutional Studies, Vol. 10, No. 1 (2023) pp. 23 - 36
  PubDate: 2022-12-13T23:20:50-05:00
  DOI: 10.1504/IJHRCS.2023.127637
  Issue No: Vol. 10, No. 1 (2022)
Controlling state power in Vietnam after Doi moi (1986): an increasing
challenge and perspective
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  Authors: Giao Cong Vu, Cu Thanh Vu
  Pages: 37 - 51
  Abstract: Controlling state power - a prerequisite in every democracy - assures 'we the people' fundamental principles and prevents power abuse from public officials. Due to the characteristic of the political regime, this issue has not captured Vietnam and other socialist countries' attention. In the past, since the severe abuse of power threatened socialism, the Communist Party of Vietnam (CPV) and the State strived continuously to control state power from the Doi moi era (1986). This article analyses the premise triggering the escalating abuse of power for corruption in Vietnam since the Doi moi era. It then reveals the CPV and the state's achievements and limits in establishing controlling state power mechanisms over the last 30 years. From the ground, the paper suggests some initiatives to enhance the efficiency in controlling state power in Vietnam in the future.
  Keywords: state power; control of state power; Doi moi era; Vietnam
  Citation: International Journal of Human Rights and Constitutional Studies, Vol. 10, No. 1 (2023) pp. 37 - 51
  PubDate: 2022-12-13T23:20:50-05:00
  DOI: 10.1504/IJHRCS.2023.127638
  Issue No: Vol. 10, No. 1 (2022)
Re-imagining, re-conceptualising and re-shaping cities in post-pandemic
India: interpreting the urban space
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  Authors: Giao Cong Vu, Cu Thanh Vu
  Pages: 52 - 59
  Abstract: The COVID-19 pandemic has busted the myth of the invincibility of globalisation. Borders are suddenly no longer that significant. Open spaces are becoming pertinent in urban reconstruction. At present, post-pandemic recovery is an important challenge globally. The need to develop modern urbanisation with planned cities that accommodate all sections of people is being universally acknowledged by experts. These cities need to be resilient, inclusive and sustainable. For cities to be sustainable, they need to utilise public spaces judiciously. The paper focuses on what makes cities sustainable in a post-pandemic world order and how India is navigating the challenges of urban reconstruction. The paper brings up the binary between public and private space and points out that wellness of individuals is very significant pointer in newly planned cities. The paper concludes that big cities are here to stay whatever be the predictions of naysayers.
  Keywords: cities; urbanisation; urban space; sustainable; resilient; density; India
  Citation: International Journal of Human Rights and Constitutional Studies, Vol. 10, No. 1 (2023) pp. 52 - 59
  PubDate: 2022-12-13T23:20:50-05:00
  DOI: 10.1504/IJHRCS.2023.127641
  Issue No: Vol. 10, No. 1 (2022)
Re-visiting Article 370: the politics of autonomy in Jammu and
Kashmir
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  Authors: Javid Ahamd Ahanger, Abdul Haseeb Mir
  Pages: 60 - 69
  Abstract: This paper revisits one of the significant provisions of Indian Constitution <i>vis-a-vis</i> Jammu and Kashmir - Article 370. In this article, an attempt has been made to draw upon the historical trajectories of the inclusion, dilution and finally revocation of the Article 370. It also study the issue related to this provision and its criticism in the political corridors of state. The paper focuses on its political significance then and now. It scrutinises the issue related to this provision and its criticism in the political corridors of Jammu and Kashmir (J&K). The paper further explores the political ramification on Jammu and Kashmir after the abrogation.
  Keywords: Jammu; Kashmir; Article 370; constitution; revocation; state
  Citation: International Journal of Human Rights and Constitutional Studies, Vol. 10, No. 1 (2023) pp. 60 - 69
  PubDate: 2022-12-13T23:20:50-05:00
  DOI: 10.1504/IJHRCS.2023.127644
  Issue No: Vol. 10, No. 1 (2022)
The synthesis of law, judicial duty and enforcement of rights in Africa
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  Authors: Javid Ahamd Ahanger, Abdul Haseeb Mir
  Pages: 70 - 98
  Abstract: The ideals of judicial duty and the law cannot be sufficiently realised in Africa where there is a theory of human rights which sought to suggest that socio-economic rights are less important for the subjects of law on the continent. Rights, whether socio-economic or civil and political in nature, must be seen as an essential component of the rule of law. In that light, any conception of rights by any court that discounts socio-economic rights in the African human rights constituency is a negation of the ideals of the rule of law within the larger context of law on the continent. Democracies in Africa and consistent with their true plural customary values cannot sustain a theory of law and rights that bifurcate the structure of rights. Rights are rights and must be conceived and enforced without any nominative classification that discounts their unity; it is the best way that rule of law can have a better meaning for the people on the continent as subjects of the law so enacted.
  Keywords: law; judicial duty; human rights; synthetises; enforcement of rights in Africa; theory of rights; rule-based rights; value-based rights; legal rights; constitutional democracy; courts
  Citation: International Journal of Human Rights and Constitutional Studies, Vol. 10, No. 1 (2023) pp. 70 - 98
  PubDate: 2022-12-13T23:20:50-05:00
  DOI: 10.1504/IJHRCS.2023.127642
  Issue No: Vol. 10, No. 1 (2022)