p.s. To better comprehend this problem, it’s necessary to review the universal principles of the Rule of law which encompass the following:
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Government powers are defined in the fundamental law
are effectively limited by the legislature
are effectively limited by the judiciary
are effectively limited by independent auditing and review
Government officials are sanctioned for misconduct
Government powers are subject to non-governmental checks
Transition of power is subject to the law
Government officials in the Executive Branch do not use public office for private gain
Government officials in the judicial branch do not use public office for private gain
Government officials in the police and the military do not use public office for private gain
Government officials in the legislative branch do not use public office for private gain
Crime is effectively controlled
Civil conflict is effectively limited
People do not resort to violence to redress personal grievances
Equal treatment and absence of discrimination
The right to life and security of the person is effectively guaranteed
Due process of law and rights of the accused
Freedom of opinion and expression is effectively guaranteed
Freedom of belief and religion is effectively guaranteed
Freedom from arbitrary interference with privacy is effectively guaranteed
Freedom of assembly and association is effectively guaranteed
Fundamental labor rights are effectively guaranteed
Government regulations are effectively enforced
are applied and enforced without improper influence
Administrative proceedings are conducted without unreasonable delay
Due process is respected in administrative proceedings
The Government does not expropriate without adequate compensation
People can access and afford civil justice
Civil justice is free of discrimination
free of corruption
free of improper government influence
is not subject to unreasonable delays
is effectively enforced
ADRs are accessible, impartial, and effective
Criminal investigation system is effective
Criminal adjudication system is timely and effective
Correctional system is effective in reducing criminal behavior
Criminal justice system is impartial
is free of corruption
is free of improper government influence
Due process of law and rights of the accused
Informal justice is timely and effective
Informal justice is impartial and free of improper influence
Informal justice respects and protects fundamental rights
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Not a bad list of principles to aspire to, is it?
Given all of the above however, it becomes obvious the great chasm between civilised Western societies that endeavour to adhere to the rule of law and enjoy the benefits thereof, and other societies who for whatever reason do not.
To bring together in such a short timeframe, such cultural and striking differences, and in many cases an unwillingness to adhere to these basic principals associated with the rule of law, there was bound to be a crisis and major cause for concern wasn’t there?
Let’s hope that Governments in this interim period recognise the overwhelming need to ensure that international responses are not fragmented, that a plan is prioritorised to establish realistic coping capacities and recognise in the interim that “development cooperation with effective humanitarian assistance programs plays a key role in efforts to address the root causes of displacement “.
Food for thought?
This message was last edited by ads on 20/01/2016.