Bibliografie tematiche / Right of Pardon

Letteratura scientifica selezionata sul tema "Right of Pardon"

Autore: Grafiati

Pubblicato: 26 luglio 2024

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Articoli di riviste sul tema "Right of Pardon"

Aurelio, David N., e Todd M. Newman. "Pardon My Right Turn". Ergonomics in Design: The Quarterly of Human Factors Applications 5, n. 2 (aprile 1997): 24–27. http://dx.doi.org/10.1177/106480469700500205.

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Monballyu, J. "The political responsibility for Royal pardons in Belgium during the 19th century (1830–1900)". Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, n. 2 (2007): 153–78. http://dx.doi.org/10.1163/157181907781352582.

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AbstractIn Belgium, the Royal Prerogative of pardoning convicted criminals was legally embedded in the Constitution of 14th February, 1831. It allowed the King to reduce a sentence or to grant a discharge of a sentence given by a court. Any Royal decision to pardon had, however, to be countersigned by a member of the Government, who took on the political responsibility of the decision towards Parliament. In most cases, the task fell upon the Minister of Justice. During the 19th century, in both Houses of the Belgian Parliament, the Minister of Justice was repeatedly questioned about the way the prerogative of pardoning was exercised. This usually occurred when a death sentence had been commuted to a lesser sentence. In such cases, members of the Chamber of Representatives or of the Senate would ask for an explicit justification of a particular pardon. Only exceptionally would a Government Minister be challenged about the legality of a decision either granting or refusing a pardon. Because of the constitutional convention which prevents exposing directly the political position of the King, Jules d'Anethan (Minister of Justice 1843–1847) defended the Minister's right to refuse to give any reasons for a decision regarding a pardon. He only acknowledged Parliament's right to question a Minister about his general policy on pardons. In his view, it was not within Parliament's powers to ask a Minister of Justice why a pardon had been granted or refused in a specific case. That view tended to limit considerably a Minister's responsibility for Royal pardons: it became no more than an empty shell. Another Minister of Justice, Théophile De Lantsheere (1871–1878), took an opposite view. He refused to state his general policy on pardons, but he accepted to explain the specific reasons why a Royal decision granting or refusing a pardon had been made. In his view, a pardon was in the first place a matter for the Minister's conscience. Parliament was therefore entitled to assess his particular actions. However, in the line of his predecessors' and successors' view, he believed that the reasons why the King had insisted on a pardon or refused to grant a pardon should not be mentioned to Parliament. Pardon was an issue between King and Government, not between King and Parliament. As the saying goes in Belgian constitutional law: The Crown should never be laid 'bare'.

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Kruszyński, Piotr. "Instytucja prawa łaski – de lege lata i de lege ferenda". Przegląd Sejmowy 2(169) (2022): 109–25. http://dx.doi.org/10.31268/ps.2022.101.

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The article is devoted to the subject of the right of pardon in the Polish legal system. The study depicts the essence of the right of pardon and answers the question whether this right, as expressed in Article 139 of the Constitution of the Republic of Poland, can be realised only within the scope defined in Chapter 59 of the Code of Criminal Procedure, entitled “Clemency,” or if the term “right of pardon” has a wider meaning than “clemency,” e.g., so as to permit application by the President of the Republic of Poland, at every stage of the proceedings, of so called individual right of pardon. Moreover, the article discusses the latest case-law of the Supreme Court and the Constitutional Tribunal on the right of pardon and formulates a number of postulates de lege ferenda regarding the analysed question.

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Zilya Lirungan, Cheryll, Supriyadi e Susianto. "Legal Politics of the President's Grant of Lesion Basedon the Perspective of Justice and Humanity in the Indonesian Judicial System". International Journal of Research in Social Science and Humanities 05, n. 05 (2024): 42–47. http://dx.doi.org/10.47505/ijrss.2024.5.4.

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This research aims to explore and understand the legal politics behind granting a Pardon by the President of Indonesia in the justice system and the factors influencing the decision to grant a Pardon. The research method used is normative legal research, which focuses on positive legal analysis, legal principles, and legal doctrine. The approach usedincludes a statutory approach to analyze related regulations and a conceptual approach. The research results show thatGranting a Pardon by the President is a constitutional right that the President has without interference from other institutions. After the amendment to the 1945 Constitution of the Republic of IndonesiafourthSometimes there are restrictions on the President's powers, which are considered too broad, and to prevent authoritarianism from the President. In line with these changes, especially in granting pardons, the President must pay attention to the considerations of the Supreme Court. This is not an intervention by the President in the Judiciary institution. However, with a checks and balances mechanism, the President has the basis for consideration from the institution concerned even though the decision to grant it is purely based on the President's constitutional rights

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Bartula, Piotr. "„Testamentowa” „teoria” sprawiedliwości". Annales. Etyka w Życiu Gospodarczym 12, n. 2 (15 maggio 2009): 195. http://dx.doi.org/10.18778/1899-2226.12.2.18.

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Important problems of justice are raised by a project according to which the sovereign gives to victims the right to pardon a wrongdoer orally or in a testament. The author supports such an individualization of the right to pardon, which would turn the state into a contractor who is hired by citizens exclusively to guarantee them security and self-possession.

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Borovykh, L. V., e E. A. Solovyova. "ON CERTAIN ISSUES OF THE APPLICATION OF PARDONS INTHETERRITORIES OF THE CONSTITUENT ENTITIES OFTHERUSSIAN FEDERATION". Ex jure, n. 4 (2022): 118–33. http://dx.doi.org/10.17072/2619-0648-2022-4-118-133.

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Abstract: the purpose of the article is to analyse existing problems with legal regu‐ lation of pardon and to propose ways of improving certain legal acts re‐ lating to the exercise of convict's right to apply for a pardon to the Presi‐ dent of the Russian Federation. It has been found that the existing acts regulating the application for pardon by a convicted person require modernisation, in particular a detailed specification of the procedure for applying for a pardon by military personnel, setting a deadline for re‐ view by the President of the Russian Federation of the convicted person's request for pardon, and others.

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Arifi, Besa. "THE LEGAL REASONING OF THE PRESIDENT’S RIGHT TO ISSUE PARDONS". SEEU Review 12, n. 2 (20 dicembre 2017): 32–61. http://dx.doi.org/10.1515/seeur-2017-0017.

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Abstract Presidential pardon has always existed in criminal law and continues to constitute a very important competence of the head of state in many modern day countries. In the past, the clemency given by the sovereign (usually the king/queen or the emperor/empress) represented an act which showed his/her mercy upon their subjects. It was often used as a tool to show the arbitrary will of the sovereign that constituted the law, rather than the law itself. Therefore, the classical school of criminal law that appeared in the 18th century and emphasized the importance of the principle of legality, opposed harshly every kind of arbitrary deciding that excluded the law at the interest of the sovereign. This school is among the only interpretations of criminal law that engages for a complete abandonment of institutes such as pardon or amnesty. The revolutionary French Penal Code of 1791, which was strongly influenced by the classical school, excluded clemency for the proved wrongs that were severely punished. However, due to imperfections of the criminal justice system, amnesty (given by the parliament) and pardon or clemency (given by the head of the state), continue to exist and to be used in modern day criminal law. They are no longer considered acts of arbitrary decisions of the sovereign, instead they should represent important instruments of criminal law, used rarely and wisely with specifically designed goals that aim to bring justice rather than deny it. However, there are many cases when these institutes have been inappropriately used in a very arrogant way which shows that the ancient regime is not yet over for some countries in which the highest institutions continue to act as old and middle age despots. This article will analyze the legal reasoning of the institution of presidential pardon. It will try to establish why the classical school was so strictly opposed to this institute making use of the studies and interpretations found in the writings of Cesare Beccaria. It will explain the philosophy of modern day institutions of amnesty and pardon and the way in which they are regulated in the legal theory and practice. The article will explain the recent developments in Macedonia in regard to the use of presidential pardon. The methods to be used consist of desk research, historical and comparative methods and analysis of legal texts, laws and judicial decisions.

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Krushnitska, Oksana. "Some Problems of Free Legal Aid in Criminal Proceedings". Law Review of Kyiv University of Law, n. 1 (15 aprile 2020): 332–36. http://dx.doi.org/10.36695/2219-5521.1.2020.66.

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The article deals with some problems of providing free legal aid in criminal proceedings. It has been identified and shown that the main prerequisite for ensuring the right of a person to legal aid can be considered to be the creation of reliable legal and organizational grounds for its actual provision. It is proved that the correspondence of a prisoner sentenced to imprisonment with the centers of free legal aid is, firstly, subject to review by the administration of the penitentiary institution, secondly, such letters will not necessarily be sent as a whole, and thirdly if such letters are sent wherever possible and there is no legal deadline for sending them. Some issues are outlined, such as the right to receive legal aid in a timely and effective manner to prisoners in prison. Alternatively, the right to amnesty, the right to pardon, and the right to review a judgment in newly discovered or exceptional circumstances, and other rights and freedoms that are not necessarily related to giving a person access to justice may be violated or inaccessible to the sentenced person. Therefore, the right to receive legal aid in a timely and effective manner to prisoners in prison may be violated. Alternatively, the right to amnesty, the right to pardon, and the right to review a judgment in newly discovered or exceptional circumstances, and other rights and freedoms that are not necessarily related to giving a person access to justice may be violated or inaccessible to the sentenced person.

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Śliwiński, Emil. "Pojęcie odpowiedzialności represyjnej (art. 42 Konstytucji) a prawo łaski Prezydenta RP". Przegląd Prawa Konstytucyjnego 69, n. 5 (31 ottobre 2022): 115–25. http://dx.doi.org/10.15804/ppk.2022.05.09.

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The aim of this article is to discover in relation to which sanction it is possible to exercise the right of pardon (art. 139 of the Constitution). Basing on the systemic interpretation of the Constitution, the author argues that the power of pardon is the ‘reverse’ of the notion of repressive liability inferred from art. 42 of the Constitution. Consequently, in relation to all repressive sanctions within the meaning of art. 42 of the Constitution it is allowed to grant a pardon. Therefore it is possible to claim that a power of pardon can be applied to, inter alia, disciplinary penalties, lustration penalties, administrative monetary penalties, tax surcharges and penalties imposed on collective entities. Challenges for the doctrine of law – including possible collisions between exercising power of pardon and other constitutional provisions – are indicated.

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Hilliard, Marie. "The Gift of the Apostolic Pardon". Ethics & Medics 45, n. 8 (2020): 3–6. http://dx.doi.org/10.5840/em20204584.

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Meeting the right of the faithful to receive the sacraments can be difficult, especially during the COVID-19 pandemic. The Church needs opportunities to minister to the faithful, especial when there is a danger of death. Remission of sins is of vital importance in these cases. To gain a plenary indulgence, three specific conditions must be met: sacramental confession, Eucharistic communion, and prayer according to the Holy Father’s intentions. A special kind of plenary indulgence, the apostolic pardon, is administered to someone who is in danger of death. It is advantageous because it can be done without making physical contact with the sick or impaired, but also because in times of great need, an apostolic pardon can be prayed for in absence of a priest. Family members and health care professionals can help a patient pray for the apostolic pardon even if he or she is not fully conscious.

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Più fonti

Tesi sul tema "Right of Pardon"

Yaga, Jean Prosper. "La dialectique de la justice et du pardon : approches des positions de la conférence des évêques du Cameroun depuis sa création jusqu'à nos jours". Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAK013.

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La justice et le pardon sont comme deux pôles d'une dialectique qui les unit au point de les rendre inséparables. Le pardon est un don gratuit relèvant d'une démarche personnelle tandis que la justice est un droit naturel ou légal inhérent à toute personne humaine. En effet, le pardon ne s'oppose pas à la justice. Il s'y superpose sans interférer. Le travail de l'un est complété par l'apport de l'autre. À cet égard, il ne peut y avoir de guérison avec le pardon sans la justice. De même, il ne peut y avoir de réconciliation avec la justice sans le pardon. Ainsi, le pardon est le fruit de la justice. Car dans l'acte du pardon, c'est l'amour au-delà de la faute qui brise la douleur et la haine. Le pardon grandit celui qui l'offre et contribue au bonheur d'autrui. Le passé est vaincu et transcendé. La justice est un rempart contre tout ce qui se dresse contre l'homme et supprime les discordes et les inégalités. De ce point de vue, justice et pardon qui sont deux vertus en interaction, apportent l'épanouissement moral et spirituel à l'homme. Ils sont au service de la charité
Justice and forgiveness are like two poles of a dialectic that unites them to the point of making them inseparable. Forgiveness is a free gift that comes from a personal approach while justice is a natural or legal right that every human being is entitled. Indeed, forgiveness is not incompatible with justice. It coexists with justice without interfering. The work of one is supplemented by the contribution of the other. In this regard, there cannot be closure with forgiveness without justice. Likewise, there can be no reconciliation with justice without forgiveness. Thus, forgiveness is the fruit of justice. In fact, forgiveness is an act of love beyond fault that breaks pain and hatred. Forgiveness grows whoever offers it and contributes to the happiness of others. The past is vanquished and transcended. Justice is a safeguard that removes discord and inequality. From this point of view, justice and forgiveness are two interacting virtues that bring moral and spiritual fulfillment to human being. They are at the service of charity

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Musila, Godfrey. "Whistling past the graveyard : amnesty and the right to an effective remedy under the African Charter : the case of South Africa and Mocambique". Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/937.

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"First, this dissertation proposes to explore the practice of amnesties in dealing with violations of human rights vis-à-vis the obligation of states to punish and to prosecute gross violations of human rights and to guarantee effective remedies for victims. Secondly, it seeks to inquire, for purposes of meeting the first objective, into the validity of amnesties in international law with specific reference to the African Charter. Thirdly, on the strength of a selected case studies: South Africa and Moçambique, and informed by relevant jurisprudence drawn from the Inter-American human rights system and elsewhere, a critique informative of the recommendations as to how the African Court should deal with cases arising out of such amnesty situations will be attempted. Equally, similar reference will be made, albeit in an abridged way, to how amnesties could be dealt with at the political levels of the African Union (AU). Fourthly, the dissertation will inquire into why amnesties, which have been used to advance utilitarian ends of the communal good (national reconciliation) thereby ‘trumping individuals’ rights’, cannot at the same time, be so fashioned as to reconcile these especially relating to effective remedies for violations of human rights the amnesty seeks to address. Fifthly, in drawing on the foregoing, this study will, by way of recommendations, seek to outline criteria or conditionalities upon which amnesty should, if ever, be granted. ... The study consists of five chapters. Chapter one will provide the context in which the study is set. It highlights the basis and structure of the study. Chapter two endeavours to outline some of the basic concepts central to the study; amnesty, pardon as instruments of national reconciliation and the various avenues through which these has been effected in the past. In the main, the chapter attempts a problematisation of the concept of amnesty by which its validity and place in international law will be examined. Chapter three outlines the approaches to amnesty in South Africa and Moçambique and the countervailing state obligations to ensure rights protected in human rights instruments: to prosecute and punish violators and the rights of victims and their relatives to effective remedies. In the case of South Africa, the right to effective remedies is discussed within the context of the decision of the South African constitutional court in AZAPO. Chapter four attempts to grapple with the possibility of bringing a case before the African Court of Human Rights and how this case may, and should be decided in light of existing decisions of the African Commission on Human and Peoples’ Rights and available comparative jurisprudence on the subject. Chapter five will consist of a summary of the presentation and the conclusions drawn from the entire study. It will also make some recommendations as to how amnesty should be dealt with both at political level (AU) and at the level of the African Court in relation to human rights violations. In furtherance of this, it attempts an outline of directive criteria that should be applied." -- Chapter 1.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

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PAES, LETICIA DA COSTA. "THE POLICY OF HUMAN RIGHTS: BETWEEN PARADOX AND PERSPECTIVE". PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2011. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=19325@1.

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A pesquisa pretende desafiar o atual princípio organizador dos direitos humanos, demonstrar suas contradições e repensá-los a partir de uma nova perspectiva, de modo a resgatar a política ativa destes direitos. Para isso, esse trabalho foi dividido em três partes. A primeira aborda os paradoxos que perpassam a teoria e prática dos direitos humanos, a partir das obras do jurista grego Costas Douzinas. A segunda analisa as tradicionais críticas dos direitos humanos, elaboradas por Burke, Marx e Arendt, que contribuem para compreender os fundamentos de suas contradições. A terceira visa estabelecer uma nova perspectiva sobre os direitos humanos, a partir das reflexões de Jacques Rancière.
The purpose of this work is challenging the current human rights framework, demonstrating its contradictions, as well as rethinking it under a new perspective, in a manner to reactivate the political struggle of those rights. For this purpose, this work has been split into three different sections. The first one presents the paradoxes between the theory and practice of human rights, having as main reference the thoughts of the Greek legal scholar Costas Douzinas. The second section examines the critics posed by Burke, Marx and Arendt to the traditional human rights theory, thereby clarifying the foundations of its contradictions. The third section aims at establishing a new human rights perspective, in light of Jaques Rancière thinking.

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Lowe, Ruth E. "Overcoming the minority rights paradox : a new approach to intercultural deliberation". Thesis, University of St Andrews, 2013. http://hdl.handle.net/10023/3683.

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The minority rights paradox is articulated at the level of political theory, is deployed by liberal democratic institutions, and can be observed in the political discourse of mass communications. Minority groups, it is argued, are paradoxically claiming purported rights that are unsupported by the values upon which the claimants base their claim. On the one hand, minority claims are made on the basis of rights secured by a liberal democracy; on the other hand, the claims undermine the legitimacy of liberal reasoning—the same reasoning that legitimizes the rights on which the claims are made. The self-referential implications of this paradox are as follows: Either the minority claim negates its own justification or the underlying justification renders the claim moot. In either case, the charge of paradox effectively puts an end to the conversation by dismissing minority rights claims before they are properly understood. My aim is to first, come to terms with political dialogues in which the charge of paradox occurs and second, to overcome the stultifying effects of the minority rights paradox through a deliberative approach to negotiating the concept and content of minority rights claims. Evaluating the claims of minorities, I will argue, requires a dialogue that can adapt to the participants in the dialogue—an inclusive deliberative process that gives formal, procedural and substantive recognition to the worldviews of minority cultures in political decision-making.

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Segerlind, Emilia. "Paradox, (para)doxa eller den paradoxala doxan : En abduktiv studie av figuren paradox inom samtida politisk diskurs". Thesis, Södertörns högskola, Retorik, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-34845.

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This retroductive study aims to examine in what way paradoxes figure in contemporary political discourse, and what political effects arise therefrom. To this end, the study will address an extreme example – Swedish right-wing nationalism - which often is accused of being paradoxical; for example, when right-wing nationalistic discourse – often explicitly anti-feminist – begins to appropriate a feminist analysis in order to engage in contemporary political events. Such was the case when news of what happened in Cologne on New Year’s 2015/2016 reached Sweden. An important theoretical framework for this study is Michael Billig’s Ideological Dilemmas, and his theories on common sense and intellectual- versus lived ideology. According to Billig ‘doxa’ constitutes various contradictory values, and in this way, doxa is inherently paradoxical. Therefore, in order to understand and define the figure paradox, first we need to investigate how our own liberal doxa operate paradoxically, and what are both the rhetorical and political implications of the paradoxes constitutive of liberal common sense. The analysis of this study suggests that liberal discourse has, to a certain degree, facilitated the growth and effectiveness of right-wing nationalist discourse that has drawn on cultural differences as a permissible ground for a debate surrounding the future of western liberal principles and the defence of women’s rights.

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Harrysson, Alexandra, e Julia Olsson. "Personalization paradox: the wish to be remembered and the right to be forgotten : A qualitative study of how companies balance being personal while protecting consumers’ right to privacy". Thesis, Uppsala universitet, Företagsekonomiska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-387611.

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Many argue that personalization is needed in a modern marketing strategy. Whilst there are several positive aspects of personalization, e.g. improved customer satisfaction rates, it can also lead to firms being perceived as intrusive and elicit privacy concerns. This dilemma describes the personalization paradox, which refers to the two-sided results of using personalized communication by collecting and analyzing consumer data. To address the issue of how firms balance the need for personalization while still respecting consumers’ privacy, previous researchers have mainly investigated the issue from the consumer perspective. However, the consumer is believed to display a paradoxical behavior in regards to personalization. Therefore, we have addressed this issue through interviewing 12 company representatives from 7 companies. Our findings indicate that companies are mindful when creating personalized content and do acknowledge the issues with privacy and the risk of being perceived as intrusive. To overcome the personalization paradox, firms are not explicit about their data analysis in their personalized communication as this can lead to consumers feeling discomfort. Finally, an essential way that firms can prevent privacy concerns is to create relevant content as this outweighs feelings of discomfort. These findings to a certain extent do not reflect the empirical research on the topic, however the discrepancies may exist as previous studies were conducted from the consumer side.

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Holden, Sasha Marie. "The polygamy paradox : a feminist re-understanding of polygamy, human movement and human rights". Thesis, King's College London (University of London), 2018. https://kclpure.kcl.ac.uk/portal/en/theses/the-polygamy-paradox(1b0d3cc8-4387-4e5f-a7fb-2c13e8d2a5de).html.

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This thesis is about the boundaries of domestic immigration law and international human rights regarding polygamy. It considers how polygamous wives are treated, and why. Polygamy has traditionally been viewed in the West as ‘harmful’, both to women and society. Western legal systems do not allow domestic plural marriage, and international human rights institutions recommend the prohibition of polygamy. Despite that, valid foreign polygamous marriages are recognised in the United Kingdom, particularly where it would be more harmful to do otherwise—except in immigration. The Immigration Act 1988 and Immigration Rules exclude additional polygamous wives from reuniting with their families. No exception is made and any harm that women are likely to suffer as a result is irrelevant. This thesis argues that the treatment of additional polygamous wives, particularly in the refugee context where women are more likely to be exposed to insecurity and harm, presents a ‘polygamy paradox’. While formal objections to polygamy are apparently based on harm, they are likely to cause more harm than good. This work interrogates the stance on polygamy to consider not only its paradoxical effect, but what informs this outcome. Applying a critical legal understanding, this thesis exposes not only the unintended consequences of the law. It also highlights what has shaped legal boundaries, historically and more recently, revealing a hidden bias that undermines the legitimacy and efficacy of laws and rights. This work concludes by offering a renewed feminist framework for the consideration of polygamy; one which takes account of gender, history and power. Ordinary epistemological foundations for the treatment of polygamy are disturbed, so the voices of women who have occupied a neglected space at the centre of laws, rights and reality as a relentlessly excluded ‘other’ are heard, and the content of laws and rights may be improved.

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Garcia, Rafael Antonio, e Rafael Antonio Garcia. "I'd Give My Right Kidney to Be Altruistic: The Social Biogeography of Altruism in the United States of America". Diss., The University of Arizona, 2017. http://hdl.handle.net/10150/625884.

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The purpose of this dissertation is to model biosocial determinants of group-directed altruistic behavior – exploring the nomological net around it. To do this a study will be presented to determine existing associations among various biological and social predictors and test a life-history-derived causal cascade using a partially exploratory and partially confirmatory statistical technique called Sequential Canonical Analysis to ultimately predict living-donor, non-directed kidney donations (NDKD). Toward that end, some important methodological considerations first need to be discussed. The first consideration revolves around the level of analysis and how this frames the cascade model and its interpretation. Following a general discussion, an exercise in some of the general principles is provided – investigating the higher-order factor structure of the Big-5 personality constructs across two levels of analysis. The second consideration is the use of unit-weighted factor scores and their appropriateness. Following the theoretical discussion, a demonstration is provided – deriving an estimate of genetic relatedness from a set of heterogeneous data sets. Once the methodological considerations have been discussed, the primary cascade model is presented in two parts: 1) the measurement model – operationalizing the measures incorporated into 2) the structural model – testing the proposed causal cascade using Sequential Canonical Analysis. A discussion follows in which the results are summarized, limitations are articulated, and further research directions are explored.

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Pascoe, Daniel Charles. "An investigation of clemency and pardons in death penalty cases in Southeast Asia from 1975-2009". Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:4b852f9a-455f-40ed-88ae-889aae16e8c4.

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Four of the contemporary practitioners of the death penalty in Southeast Asia: Indonesia, Malaysia, Thailand and Singapore, performed judicial executions on a regular basis between the years 1975 and 2009. Notwithstanding this similarity, the number of death sentences passed by courts that were subsequently reduced to a term of imprisonment through grants of clemency by the executive (or where the prisoner sentenced to death is exonerated by way of a pardon) varied remarkably between these jurisdictions over this 35-year period: some of these countries commuted the sentences of death row prisoners often, others rarely. In this DPhil thesis, I employ the methodology of comparative criminal justice to explore the discrepancies and similarities in capital clemency practice between these four Southeast Asian jurisdictions, seeking to document the known examples of clemency grants over the course of their modern history, and to investigate the reasons why retentionist countries exercise clemency at vastly different ‘rates’ in finalised capital cases. As clemency and pardon deliberations by the executive are usually performed in secret, academic study of the subject has remained scarce, and the suspected reasons behind death sentence commutations, and their relative frequency, are rarely analysed. My inductive, qualitative study in comparative criminal justice will attempt to address these deficiencies in analysis as they apply to four Southeast Asian countries that continue to practice capital punishment as a form of criminal sanction. Moving beyond Amnesty International’s simplistic observation that ‘nowhere in Asia has the ready availability of such clemency been marked’, I examine the intricacies of the clemency practice in each jurisdiction, and arrive at regional trends and patterns.

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Rooney, Jane Marian. "The paradox of extraterritoriality at the European Court of Human Rights : a global constitutionalist approach". Thesis, Durham University, 2016. http://etheses.dur.ac.uk/11888/.

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Extraterritoriality at the ECtHR appears to create a paradox. On the one hand, it is limited in space, time, purpose and remedies, through its state membership, individual application process, the terms of the ECHR, and restricted enforcement and influence on general international policy. On the other, it appears to be an indispensable refuge for individuals who are victim to the most flagrant denials of justice happening on a global scale. The ECtHR finds itself an avenue for redress in historical events of global significance such as the NATO bombing and UN administration of Kosovo, the US-UK occupation in Iraq, extraordinary rendition procedures and the interception of migrant boats at sea. This thesis embraces the paradox of extraterritoriality at the ECtHR. Putting forward a normative framework, the thesis clarifies the nature of extraterritoriality at the ECtHR and investigates the extent to which the ECtHR adopts a single normative frame. Existing theories fail to capture the nature of extraterritoriality in the ECtHR’s operation. This thesis offers a global constitutionalist approach to deduce a model for extraterritoriality. Using a normative global constitutionalist frame, in particular democratic accountability and the rule of law, the thesis examines the extent to which the ECtHR adopts such an approach. Translating the requirements of normative global constitutionalism into doctrinal indicators, it examines whether the ECtHR operates within a global constitutionalist frame in extraterritoriality decisions. Alongside this examination, the thesis queries the function and purpose of extraterritoriality and its relationship with other international legal concepts. It questions models that rely on state jurisdiction and attribution to determine their extraterritorial reach, exposing extraterritoriality as performing a separate function. It ultimately unravels the paradox of extraterritoriality through a global constitutionalist explanation.

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Libri sul tema "Right of Pardon"

Arnold & Porter., a cura di. To right a past wrong: The case of Lieutenant Henry O. Flipper : recipient of the first posthumous presidential pardon of the United States of America. Washington, DC: Arnold & Porter, 1999.

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Koziol, Geoffrey. Begging pardon and favor: Ritual and political order in early medieval France. Ithaca, N.Y: Cornell University Press, 1992.

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Cook, Joseph G. Constitutional rights of the accused. 2^a ed. Rochester, N.Y: Lawyers Co-operative Pub. Co., 1985.

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Cook, Joseph G. Constitutional rights of the accused. 2^a ed. Rochester, N.Y: Lawyers Co-operative Pub. Co., 1985.

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Pons, Sophie. Apartheid: L'aveu et le pardon. Paris: Bayard, 2000.

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W, Grosheide F. Intellectual property and human rights: A paradox. Cheltenham, UK: Edward Elgar, 2010.

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Contreras, Rony Eulalio López. El derecho del condenado a la pena de muerte a solicitar el indulto o la conmutación de la pena. Ciudad de Guatemala, Guatemala: Serviprensa, 2004.

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Stern, Steve J., e Scott Straus. The human rights paradox: Universality and its discontents. Madison, Wisconsin: The University of Wisconsin Press, 2014.

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al-Qaḍāyā al-dustūrīyah wa-al-qānūnīyah wa-al-Iqtiṣādīyah lil-jumhūrīyah al-thāniyah. Ṭarābulus, Lubnān: Jarrūs Bris, 1993.

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Ayau, Manuel F. Not a zero-sum game: The paradox of exchange. Guatemala: Universidad Francisco Marroquin, 2008.

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Capitoli di libri sul tema "Right of Pardon"

Rocha, Camila, Esther Solano e Jonas Medeiros. "The New Brazilian Right: Radical and Shameless". In The Bolsonaro Paradox, 11–57. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-79653-2_2.

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N.B., Lekha, e Antony Palackal. "Women, Sexuality and Property Rights". In Unveiling the Gender Paradox, 63–81. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-09699-0_4.

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Smith, Norman Kemp. "The Paradox of Incongruous Counterparts". In The Philosophy of Right and Left, 43–47. Dordrecht: Springer Netherlands, 1991. http://dx.doi.org/10.1007/978-94-011-3736-2_7.

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Gill, Emily R. "Democracy: A Paradox of Rights?" In AMINTAPHIL: The Philosophical Foundations of Law and Justice, 15–27. Cham: Springer International Publishing, 2013. http://dx.doi.org/10.1007/978-3-319-02312-0_2.

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Simeone, Lisa. "The Paradox of Migrant Rights". In Introduction to International Migration, 307–27. New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003167631-21.

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Čtvrtník, Mikuláš. "The Paradox of Archiving: Personality Protection and a Threat in One—Archives and Child Sexual Abuse". In Archives and Records, 91–110. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-18667-7_4.

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AbstractPerspectives on the protection of the individual are usually based primarily on the question of how a person and their personality rights may be harmed by the retention and disclosure of data concerning this particular individual. Hence the intentions of the European GDPR to allow for “minimisation” and “storage limitation” when it comes to personal data and the correlating “right to be forgotten” (“right to erasure”). Although these intentions apply primarily to data controllers other than archives, most often of private law provenance, they also apply to archives. Along with this trend, however, the opposite perspective proportionally fades, which is the starting point of this chapter: Apart from the risks associated with the preservation and disclosure of personal data, archiving in the public interest is also one of the tools by which the protection of personality rights can be implemented, even enhanced. Permanent preservation of certain categories of personal data is not only necessary for various future research purposes and official interests, but in some cases such preservation becomes the key guarantee of the protection of personality as well as other human and civil rights. The author will demonstrate this thesis on some specific cases including a specific category of records testifying about sexual abuse inside and outside the Church and the protection of victim rights. An analysis of the opposite situation, in which personal data, especially in archival records, have been misused, will be discussed in more detail in the following chapters.

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Čtvrtník, Mikuláš. "Introduction". In Archives and Records, 1–17. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-18667-7_1.

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AbstractThe mission of archives and records management is not just to collect and store materials and information. Their purpose is also to make them accessible. Archives are one of the most important places where the right of a free society to access to information, the right to know and, with it, the freedom of expression are exercised. However, both the collection and preservation of information, including archiving, and the opening of access to it, enter the area of the protection of personality rights, privacy, and personal data, that is, one of the most complex areas of archiving and records management, in a significant way. This is also due to the fact that at the very heart of the issue is the fundamental tension: On the one hand, the collected and preserved public records and archives, including a wide range of personal and sensitive data, serve a plethora of public interests and the exercise of citizens’ rights; on the other hand, they carry an ever-present latent risk of potential misuse, including very serious forms with serious implications for people’s lives and rights. This can be generally expressed in the form of a paradox: By sharing data about themselves, whether to the state, its authorities, private entities, and other people, individuals exercise and protect their rights, including the protection of their personality rights and privacy. The same act, however, puts them at risk of misuse. Yet, if an individual did not share their data, they would not be able to exercise their rights at all.

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Tobias, Michael Charles, e Jane Gray Morrison. "A Situational Animal Rights Ethic". In On the Nature of Ecological Paradox, 525–34. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-64526-7_56.

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Skaar, Elin. "Argentina: From Trials to Pardons to Trials". In Judicial Independence and Human Rights in Latin America, 47–93. New York: Palgrave Macmillan US, 2011. http://dx.doi.org/10.1057/9780230117693_3.

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Næss, Hans Erik. "The Politics of Human Rights and Sustainable Development Goals". In The Neutrality Paradox in Sport, 63–97. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-15680-9_3.

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Atti di convegni sul tema "Right of Pardon"

Andryan, Andryan, Eddy Purnama, Suhaidi Suhaidi e Faisal Nasution. "Prerogative Right of the President in Granting Pardon (Comparative Analysis on a Number of Countries)". In Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.29-6-2021.2312594.

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Haryadi, Slamet, e Nurlaili Husna. "Judicial Corruption: A Paradox of the Criminal Justice System in the Law Enforcement on Corruption Crime in Indonesia". In Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.5-8-2019.2308666.

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Rychwalska, Agnieszka, Magdalena Roszczyńska-Kurasińska e Anna Domaradzka. "Right to Privacy in the Context of the Privacy Paradox and Data Collection Patterns: Exploratory Study of Polish Facebook Users". In Hawaii International Conference on System Sciences. Hawaii International Conference on System Sciences, 2022. http://dx.doi.org/10.24251/hicss.2022.338.

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Labovic, Miodrag. "THE IMPACT OF THE PARADOX OF DEMOCRACY IN CORELATION WITH NEO-LIBERALISM UPON THE INTERNATIONAL SECURITY AND SPREADING FAKE NEWS". In SECURITY HORIZONS. Faculty of Security- Skopje, 2020. http://dx.doi.org/10.20544/icp.11.01.20.p02.

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dimensional nature of deep internal contradictions. On one hand it will be considered as a value and system for realization and protection of the fundamental rights and freedoms, and on the other hand, as a method and decision-making procedure in the society. In its original sense, according to the etymological genesis of the word, democracy literally means practicing power by the majority of the people. In this sense, democracy was historically achieved only in the ancient city (polis) Athens. Since then, democracy in various models and modified versions of these models, according to the different understandings of it, appears through the historical development of society. In the paper we will make efforts to give a kind of archetypal contribution to this topic by analyzing the following issues: What is the paradox of democracy?; Is democracy possible in its original sense in today's development of society?; Is democracy a farce or reality today and which are the basic postulates and mechanisms on which globalized societies operate?; What is the connection and impact among democracy, liberalism and neo-liberalism?; What is the reflection of such democratic societies toward the multidimensional phenomenon of international and national security, considered in all its dimensions, beyond the traditional understandings of security, exclusively conceptualized in terms of military and other traditional security threats and risks. Answering to all these open questions, the historical overview of the development of democracy in this paper will be reduced to minimum extent in order to understand the impact of the various tendencies in the concept of democracy and the doctrine of neo-liberalism upon the international security. Furthermore, in this context, the causes and goals of spreading fake news will be considered as a basic nucleus of the contemporary economic and political propaganda or marketing.

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Vitória Abrahão Cabral, Marina, e Valdir Júnio dos Santos. "Restorative justice and the resolution of judicial conflicts: na analysis of the restorative justice Program of the General Department of Social and Education Actions (DEGASE –RJ)". In 7th International Congress on Scientific Knowledge. Perspectivas Online: Humanas e Sociais Aplicadas, 2021. http://dx.doi.org/10.25242/8876113220212436.

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The analytical and practical field of restorative justice is linked to the debates on the new social conflict management that challenge the institutional design of criminal justice and the Brazilian legal system. When starting from the problematization of the Brazilian criminal justice, we assume that the penalty under neoliberalism presents itself as a societal project that is sustained by the paradox of the potentiation of the police and penitentiary State and the minimization of the economic and social areas of action of the State. Thus, restorative justice emerges as an efficient conflict resolution mechanism, mainly because its criminal approach is based on equating relationships and repairing the damage caused to individuals and communities. In this context, this research aims at analyzing the impact of the implementation of the Restorative Justice Program of the General Department of Social and Education Actions (DEGASE, abbreviation in Portuguese) established by Ordinance 441 of September 13, 2017, within the scope of the social and education units, as well as the challenges presented to those responsible for implementing the law in the state of Rio de Janeiro, Brazil (judges, public defenders, members of the Public Prosecution Service and the DEGASE System) inthe management of restorative practices directed at juvenile offenders deprived of freedom. This problematization raises questions about the limits of the definition of crime and punishment; the relationship between criminal law; and the protection of human rights. The research is structured in three stages: systematic review of the academic field of restorative justice and the Brazilian criminal justice system; elaboration of a framework of the experiences of policies developed in the field of restorativejustice in the state of Rio de Janeiro; and the elaboration of the sociodemographic profile of adolescents and their family structure –analyzing the variables:gender, infraction, age group, monthly family income, education, family structure, and territoriality. It is expected to obtain a critical view of the state of the art of literature on restorative justice in the Brazilian criminal justice system and the debate in the field of conflict resolution criminalized by juvenile offenders served by the Restorative Justice Program of the General Department of Social and Education Actions (DEGASE).

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Rapporti di organizzazioni sul tema "Right of Pardon"

Demchenko, Dmytro. DEMASSIFICATION OF SOCIAL PROCESSES IN THE CONTEXT OF DIGITAL COMMUNICATION (TO THE PROBLEM OF THE DICHOTOMY OF “ELITE-MASS” AS A POLITICAL COMMUNICATION PARADOX). Ivan Franko National University of Lviv, marzo 2024. http://dx.doi.org/10.30970/vjo.2024.54-55.12171.

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The article aims to analyze a complicated process of the society’s main components – elite, mass communication, and masses – in their interaction and interdependence from the historical perspective. Due to industrialization and modernization of the life quality, the social life changes radically, and the essence of every component of the society changes as well. The elite loses its dynastic character. The media stop to play the role of a mediator taking on the obligations of a collective agitator and propagandist, and the mass stops to be cloth for wiping shoes. It starts to form a mass audience and, by that, obtains new forms that must be taken into account by social institutions. Together with that the collective views are substituted by the views which are stronger than the ones of a separate individual. One of the main conclusions of the investigation is as follows. The formation of the “consumer society” and the strengthening of the mass communication role resulted in the appearance of “mediocracy” which factually introduced an absolute elite dependence on it and conferred the right of media to set the social agenda. The mass turned out to be a silent majority, a unity of conformity-oriented people. These people become simultaneously a product of mass communication impact because they dictate what one must read, listen to, and watch from the media menu. They force MMC to satisfy their unassuming needs making the content trivial and commodificated. In other words, the mutual process of the interaction of the media, “impossible independence” and the conscious “communicative consensus” of individuals who are willingly united with the mass audience takes place. The creation of the internet due to “digital anonymity” and the autonomy of the consumer formed the conditions for the self-determined citizens and gave the elite a modest place in the “cyber democracy”. However, the increase in individual self-isolation leads to his gradual loss of “social capital,” and that threatens to replace the direct experience with a virtual environment that will make it very difficult to differentiate reality from fiction. Keywords: elite, mass, media, mass communication, information space, globalization.

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