The Rule of Law and Human Rights
 



Part I:

Chapter 1:
Chapter 2:
Chapter 3:
Chapter 4: 
Chapter 5:
Chapter 6:
Chapter 7:
Chapter 8:
Chapter 9:

Part II









 


 Introduction

 Principles of the Rule of Law

 Essential Requirements of a Society under the Rule of Law
 The Legislature and the Rule of Law
 The Executive and the Rule of Law
 The Criminal Process and the Rule of Law
 The Judiciary and the Rule of Law
 The Legal Profession and the Rule of Law
 The Role of Legal Education in a Changing Society
 Economic and Social Development
 The Rule of Law and the Layman

 Guide to Human Rights Provisions

 Introduction
 Universal Declaration of Human Rights
 Act of Athens
 Declaration of Delhi
 Law of Lagos
 Resolution of Rio
 Declaration of Bangkok
 Declaration of Colombo
 Resolutions adopted at Congresses and Conventions of ICJ
 


Chapter 2:
THE LEGISLATURE AND THE RULE OF LAW:
(Congress of Delhi, 1959, Committee I)

 


1.    The function of the legislature in a free society under the Rule of Law is to create and maintain the conditions which will uphold the dignity of man as an individual. This dignity requires not only the recognition of his civil and political rights but also the establishment of the social, economic, educational and cultural conditions which are essential to the full development of his personality.

2.          (1) In many societies, particularly those which have not yet fully established traditions of democratic legislative behaviour, it is essential that certain limitations on legislative power referred to in Clause III hereof should be incorporated in a written constitution, and that the safeguards therein contained should be protected by an independent judicial tribunal; in other societies, established standards of legislative behaviour may serve to ensure that the same limitations are observed, and a lawyer has a positive interest, and duty to assist, in the maintenance of such standards of behaviour within his particular society, notwithstanding that their sanction may be of a political nature.

(2) To implement the principles set forth in the preceding Clause I it is essential that the powers of the legislature be fixed and determined by fundamental constitutional provisions or conventions which:

(a) guarantee the organisation of the legislature in such a way that the people, without discrimination among individuals, may directly, or through their representatives, decide on the content of the law;

(b) confer on the legislature, especially with regard to the matters set out in Clause I, the exclusive power of enacting general principles and rules as distinct from detailed regulations thereunder;

(c) provide for control, by the representatives of the people, over the exercise by the executive of such subordinate legislative functions as are necessary to give effect to legislation; and

(d) organise judicial sanctions enforcing the principles set out in this Clause, and protect the individual from encroachments on his rights under Clause III. The safeguards contained in the constitution should not be indirectly undermined by devices which leave only the semblance of judicial control.

3.         (1) Every legislature in a free society under the Rule of Law should endeavour to give full effect to the principles enunciated in the Universal Declaration of Human Rights.

(2) The governments of the world should provide the means whereby the Rule of Law may be maintained and furthered through international or regional agreements on the pattern of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on November 4, 1950, or otherwise. Such agreements should provide an opportunity of appeal to an international body for a remedy against denial of the rights implicit in the Rule of Law in any part of the world.

(3) Every legislature should, in particular, observe the limitations on its powers referred to below. The failure to refer specifically to other limitations, or to enumerate particular rights is not to be construed as in any sense minimizing their importance.

The legislature must:

(a) not discriminate in its laws in respect of individuals, classes of persons, or minority groups on the ground of race, religion, sex or other such reasons not affording a proper basis for making a distinction between human beings, classes, or minorities;

(b) not interfere with freedom of religious belief and observance;

(c) not deny to the members of society the right to elected responsible government;

(d) not place restrictions on freedom of speech, freedom of assembly or freedom of association;

(e) abstain from retroactive legislation;

(f) not impair the exercise of fundamental rights and freedoms of the individual;

(g) provide procedural machinery ("procedural due process") and safeguards whereby the abovementioned freedoms are given effect to and protected.

4.         (1) The principles stated in the foregoing Clauses represent the proper aspirations of all men. Every legislature and every government should endeavour to give full effect to the foregoing principles, not only in relation to their own countries, but also in relation to any territories under their administration or protection, and should take steps to abrogate any existing laws which are inconsistent therewith.

(2) The 1egislatures and the governments of the world should advance by every means in their power the ultimate and universal application of the principles here enunciated.


Dr. Farooq's
other pages
Personal Homepage Kazi Nazrul Islam