query: who has the authority to suspend the fundamental rights of citizens under circumstances of emergency

pos: State of Emergency in India State of Emergency in India A state of emergency in India refers to a period of governance under an altered constitutional setup that can be proclaimed by the President of India, when he/she perceives grave threats to the nation from internal and external sources or from financial situations of crisis. Under the advice of the cabinet of ministers and using the powers vested in him/her largely by Part XVIII of the Constitution of India, the President can overrule many provisions of the constitution, which guarantee fundamental rights to the citizens of India and acts governing devolution of powers to the

pos: State of Emergency in India State of Emergency in India A state of emergency in India refers to a period of governance under an altered constitutional setup that can be proclaimed by the President of India, when he/she perceives grave threats to the nation from internal and external sources or from financial situations of crisis. Under the advice of the cabinet of ministers and using the powers vested in him/her largely by Part XVIII of the Constitution of India, the President can overrule many provisions of the constitution, which guarantee fundamental rights to the citizens of India and acts governing devolution of powers to the

neg: Fundamental Rights, Directive Principles and Fundamental Duties of India the basic structure of the Constitution. The Fundamental Rights can be enhanced, removed or otherwise altered through a constitutional amendment, passed by a two-thirds majority of each House of Parliament. The imposition of a state of emergency may lead to a temporary suspension any of the Fundamental Rights, excluding Articles 20 and 21, by order of the President. The President may, by order, suspend the right to constitutional remedies as well, thereby barring citizens from approaching the Supreme Court for the enforcement of any of the Fundamental Rights, except Articles 20 and 21, during the period of the emergency. Parliament

neg: Constitution of Nepal presumably to ensure the representation of citizens. However, the king exercised much stronger authority than in the 1959 regime. and could modify the constitution or suspend it in case of emergency. This constitution was promulgated on 16 December, 1962 by King Mahendra. It consisted of 20 parts, 97 articles and 6 schedules. In 1990, the first "Jana Andolan", Popular Revolt, brought multi-party democracy back to Nepal. The Constitution of the Kingdom of Nepal, 1990 lifted the ban on political parties, described a democratic representative system where the authority of the king was curtailed, and enshrined fundamental rights. Although the 1990

neg: Fundamental rights in India of national emergency has an adverse effect on these rights. Under such a state, the rights conferred by Article 19 (freedoms of speech, assembly and movement, etc.) remain suspended. Hence, in such a situation, the legislature may make laws that go against the rights given in Article 19. Also, the President may by order suspend the right to move court for the enforcement of other rights as well. Right to equality is an important and meaningful right provided in . It is the principal foundation of all other rights and liberties and guarantees the following:... The Constitution of India contains

neg: 2014 interim constitution of Thailand proper trials in court. Those alleged crimes ranged from committing arson, being communists, to proclaiming oneself a saint which was considered by Field Marshal Sarit to be a threat to the throne. Human Rights Watch's Asian division director Brad Adams said although section 4 of the constitution recognises human rights and liberties arising from democratic traditions and international obligations of Thailand, the NCPO has broad authority under section 44 to limit, suspend or suppress fundamental human rights protections. In a statement he said, "The NCPO's claims that the interim constitution is essential for restoring electoral democracy and civilian rule in

neg: Saudi Red Crescent Authority vehicles (1300 in 2009) to take emergency cases to the nearest medical facility. The Saudi Red Crescent Authorities offer medical service of first aid to citizens and foreign labors who are staying in the kingdom in ordinary circumstances and at time of catastrophes. The Authority contributes on relief works inside the Kingdom and abroad. It offers service according to Islamic morals and instructions. Saudi Air Ambulance is implementing an Air Traffic Management (ATM) concept of operations, as Emergency Medical Service (EMS) under FAR Part 135 AOC, that includes an evolutionary development towards a free Air ambulance flight operations, progressing to

neg: Human rights in Bangladesh emergency to undo his mistakes, it is once again the people that the president is hurting by suspending their fundamental democratic rights. The citizens are not at fault for the existing political situation and therefore should not be punished for the failures of the caretaker government and the political parties. The president, therefore, should immediately restore the fundamental rights of the citizens." Capital punishment is a legal penalty in Bangladesh. There has been three executions in the country in 2015, and one in 2016 (as of July 5, 2016). It can theoretically be applied to anyone over the age of

neg: Civil Rights Cases individuals wielding power under public authority... What I affirm is that no state, nor the officers of any state, nor any corporation or individual wielding power under state authority for the public benefit or the public convenience, can, consistently either with the freedom established by the fundamental law, or with that equality of civil rights which now belongs to every citizen, discriminate against freemen or citizens, in their civil rights, because of their race, or because they once labored under disabilities imposed upon them as a race. The rights which congress, by the act of 1875, endeavored to secure and

neg: Ombudsman authorities, local self-government authorities and bearers of public authority, the office of the Ombudsman for the rights of citizens shall be established by law. The Human Rights Ombudsman of the Republic of Slovenia is a constitutional category that does not fall under the executive, judicial or legislative branch of authority. The Ombudsman is therefore not part of any mechanism of authority, but rather acts as an overseer of authority since as an institution it restricts its capricious encroachment of human rights and fundamental freedoms. The Ombudsman is in his work not only limited to handling direct violations defined as human

neg: Fundamental rights in India be done in various ways. The courts can issue various kinds of writs protecting rights of the citizens. These writs are: This allows a citizen to move to court if they believe that any of their Fundamental Rights have been violated by the state. Article 32 is also called citizens right to protect and defend the constitution as it can be used by the citizens to enforce the constitution through the judiciary. Dr. B. R. Ambedkar rightly declared Right to constitutional remedies as "the heart and soul" of Indian constitution. When a national or state emergency is declared, this right

neg: President of India war), 1971 (Indo-Pakistan war), and 1975 to 1977 (declared by Indira Gandhi). Under of the India constitution, the president can declare such an emergency only on the basis of a written request by the cabinet of ministers headed by the prime minister. Such a proclamation must be approved by the parliament with an at least two-thirds majority within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval-there is no maximum duration. In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under

neg: Constituent Assembly of Bangladesh history, given later amendments which undermined the constitution's democratic credentials, including the separation of powers, the independence of the judiciary and the freedom of MPs to vote and debate in parliament. However, the constitution left wide powers for judicial review and judicial precedent, making Bangladesh a part of the common law world. The first blows to the original constitution came in 1973 and 1974, when Prime Minister Sheikh Mujibur Rahman's government passed amendments that gave the state the power to suspend fundamental rights during a state of emergency. In 1975, Sheikh Mujibur Rahman enacted a presidential government under a one

neg: Supreme Court of India it ruled in "Golaknath v. State of Punjab" that the parliament did not have the power to abrogate fundamental rights, including the provisions on private property. The 25th amendment to the constitution in 1971 curtailed the right of a citizen to property as a fundamental right and gave authority to the government to infringe private property, which led to a furor amongst the "zamindars". The independence of judiciary was severely curtailed during the Indian Emergency (1975–1977) of Indira Gandhi. The constitutional rights of imprisoned persons were restricted under Preventive detention laws passed by the parliament. In the case of Shiva

neg: Persian Constitution of 1906 as the capital of the country. They also elaborate on the property rights of foreign nationals in Iran as well as the inability to suspend the principles of the constitution. In the "Rights of the Persian Nation," articles 8-25 discuss an array of rights inherent to all citizens of Iran. These rights include personal and property rights as well as freedom of expression and censorship. They briefly touch on the rights of citizenship and to move freely within the country. This section of the Supplementary Fundamental Laws of October 7, 1907 begins by stating the following: Article 27 discussed the

neg: Judiciary of Illinois two citizens, has the authority after notice and public hearing to remove from office, suspend without pay, censure or reprimand any member of the judiciary for willful misconduct in office, persistent failure to perform his or her duties, or other conduct that is prejudicial to the administration of justice or that brings the judicial office into disrepute; or to suspend, with or without pay, or retire any member of the judiciary who is physically or mentally unable to perform his or her duties. The Illinois Judicial Inquiry Board, created by the 1970 Illinois Constitution, has the authority to conduct investigations,

neg: Charter of Fundamental Rights of the European Union contains some 54 articles divided into seven titles. The first six titles deal with substantive rights under the headings: dignity, freedoms, equality, solidarity, citizens' rights and justice, while the last title deals with the interpretation and application of the Charter. Much of Charter is based on the European Convention on Human Rights (ECHR), European Social Charter, the case-law of the European Court of Justice and pre-existing provisions of European Union law. The EU has attempted to raise the profile of the Charter so that citizens are more aware of their rights. For example, the EU Fundamental Rights Agency (FRA) has

neg: Civil Rights Cases thrown out to delude those who deserved fair and generous treatment at the hands of the nation. Citizenship in this country necessarily imports equality of civil rights among citizens of every race in the same state. It is fundamental in American citizenship that, in respect of such rights, there shall be no discrimination by the state, or its officers, or by individuals, or corporations exercising public functions or authority, against any citizen because of his race or previous condition of servitude. In "U.S. v. Cruikshank", 92 U. S. 555, it was said that 'the equality of rights of citizens is

neg: State of Emergency in India thirty days after that house reconstituted. According to Article 352(6), approval by either house requires a special majority: those in favour of the motion must be two thirds of those present and voting, and amount to a majority of the entire membership of that house. A Parliamentary resolution extends the state of emergency for up to six months, and it can be extended indefinitely by further resolutions in six-monthly increments. During a national emergency, many Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. By contrast, the Right to Life and

neg: Politics of the Dominican Republic divisible by four. The Dominican Constitution takes twenty-seven paragraphs to spell out the president's extensive powers. Among the most important are those that grant him authority over virtually all appointments and removals of public officials, and even popular elected ones; empower him to promulgate the laws passed by Congress; direct him to engage in diplomatic relations; and empower him to command, to deploy, and to make appointments in, the armed forces. The president also has vast emergency powers to suspend basic rights in times of emergency, to defer the legislature, to declare a state of siege, and to rule by

neg: President of Mauritius required to uphold and defend the Constitution of Mauritius and ensure that the institutions of democracy and rule of law are protected, the fundamental rights of all are respected and the unity of diverse Mauritian nation is maintained and strengthened. Whilst in office, the President should not hold any other office of emolument, whether under the Constitution or otherwise and exercise any profession or calling or engage in any trade or business. The President is obliged to suspend his (or her) membership in any political party for the term in office. Upon assuming office, the authority and duties of the

neg: Thirty-eighth Amendment of the Constitution of India promulgated by the President or by governors, and of laws enacted during emergencies that contravened Fundamental Rights. The Act was passed when it was more than half of the State Legislatures. State Legislatures that ratified the amendment are listed below: Did not ratify: Thirty-eighth Amendment of the Constitution of India The Thirty-eighth Amendment of the Constitution of India, officially known as The Constitution (Thirty-eighth Amendment) Act, 1975, made the declaration of "The Emergency" final and conclusive. In particular it codified and enlarged the State's power to remove fundamental rights from its citizens during states of emergency. Introduced on 22 July

neg: Fundamental Rights, Directive Principles and Fundamental Duties of India laid out in the Fundamental Duties. These Duties have also been held to be obligatory for all citizens, subject to the State enforcing the same by means of a valid law. The Supreme Court has also issued directions to the State in this regard, with a view towards making the provisions effective and enabling a citizens to properly perform their duties. Fundamental Rights, Directive Principles and Fundamental Duties of India The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and

neg: Puchalapalli Sundarayya of the then Indian Prime Minister, Indira Gandhi, who evoked Emergency provisions of the Indian Constitution, between 1975–1977, to suspend Constitutionally guaranteed 'fundamental rights'. Sundarayya remained the Party’s General Secretary until 1976. In that year, he decided to resign from his post as the Party's General Secretary and gave up his Politburo membership, for what he called the "revisionist habits" acquired by the Party. In December 1972, the Communist Party of India (Marxist) published a comprehensive report prepared by Sundarayya, the then General Secretary, called "Telangana People's Struggle and Lessons". Apart from narrating the socio-economic background of the Telangana Rebellion,

neg: Fundamental rights in India Fundamental rights in India Fundamental Rights are the basic rights of the common people and inalienable rights of the people who enjoy it under the charter of rights contained in Part III(Article 12 to 35) of Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, religious and cultural freedom and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil

neg: Fundamental rights in India after giving special training. Fundamental rights in India Fundamental Rights are the basic rights of the common people and inalienable rights of the people who enjoy it under the charter of rights contained in Part III(Article 12 to 35) of Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, religious and cultural freedom and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for

neg: Fundamental Rights, Directive Principles and Fundamental Duties of India Fundamental Rights, Directive Principles and Fundamental Duties of India The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections comprise a constitutional bill of rights for government policy-making and the behaviour and conduct of citizens. These sections are considered vital elements of the constitution, which was developed between 1947 and 1949 by the Constituent assembly of India. The "Fundamental Rights" are defined as the basic human rights

neg: Department of Justice and Regulation entities aligned under eight key functions. This includes all police and prosecution functions, administration of the court system, provision of the prison and community corrections services, administration of various tribunals and agencies established to protect citizens' rights, emergency management, provision of emergency services, policy on racing and gaming issues and the provision of legal advice to government. The Justice portfolio employs over 21,000 staff and enjoys the support of around 90,000 volunteers across areas such as Country Fire Authority, Life Saving Victoria, Victoria State Emergency Service and Office of the Public Advocate. The Department of Justice encompasses police; courts; prisons;

neg: Mohini Jain v. State of Karnataka of citizen and offer opportunities to children to facilitate their healthy al-round development. Reality of the fundamental rights under chapter III will not be realized by illiterate citizens unless "right to education" under Article 41 was ensured to the individual citizen. Therefore, "right to education" was concomitant to the fundamental rights provided under Part III of the constitution. The fundamental rights guaranteed under Part III of the constitution of India including the right to freedom of speech and expression and other rights under Article 19 cannot be appreciated and fully enjoyed unless a citizen is educated and is conscious of

neg: Ex parte Merryman States has never squarely determined if the President has any independent authority to suspend "habeas corpus". Taney filed his written opinion on 1 June 1861 with the United States Circuit Court for the District of Maryland. In it, he argued at length against Lincoln for granting himself easily abused powers. Taney asserted that the President was not authorized to suspend "habeas corpus", observing that only Parliament, not the King, had such powers under English law. Referring to other provisions in the Bill of Rights, Taney wrote: Taney noted in a footnote to the above passage that the United States Declaration

neg: Title 2 of the Swiss Federal Constitution classical notion of civil rights as purely defensive rights against the state, though, article 35 also mandates the authorities to give meaning to the fundamental rights in their legislative and executive acts, and to actively protect fundamental rights even to some degree against non-state actors. In between private actors, the fundamental rights do not apply directly. Their "horizontal effect", though, is supposed to be realised through legislation to the extent the rights are suited to application between private persons. Article 36 outlines the circumstances under which the exercise of classical "negative" rights can be limited. Exceptions must be limited to

neg: Fundamental error fundamental error occurs where a defendant stands convicted of conduct that is not criminal. If a defendant is convicted and punished for act that law does not make criminal, it "inherently results in a complete miscarriage of justice" and presents "exceptional circumstances" which justify collateral relief. Fundamental error Fundamental error is a legal term provided by United State Courts to describe an error which occurs whenever a judgement violates a federal fundamental right. In United States constitutional law, fundamental rights have special significance under the U.S. Constitution. Those rights enumerated in the U.S. Constitution are recognized as "fundamental" by the

neg: Capital punishment in Bhutan Capital punishment in Bhutan Capital punishment in Bhutan was abolished on March 20, 2004 and is prohibited by the 2008 Constitution. The prohibition appears among a number of fundamental rights guaranteed by the Constitution; while some fundamental rights—such as voting, land ownership, and equal pay—extend only to Bhutanese citizens, the prohibition on capital punishment applies to all people within the kingdom. Under the reforms to the Tsa Yig by the first King of Bhutan, Ugyen Wangchuck, capital punishment was the penalty for murderers who fled the scene and for those who forged government documents. Under the National Security Act of

neg: Freedom of religion in the Maldives work and live. Freedom of religion is significantly restricted. "The 1997 Constitution designates Islam as the official state religion, and the Government interprets this provision to impose a requirement that all citizens must be Muslims." In addition, "many citizens, at all levels, understand the Constitution as requiring all Maldivians to be Muslim. The Constitution also stipulates that the President must be Sunni Muslim and has the "supreme authority to propagate the tenets of Islam." "Chapter II of the Constitution relating to the fundamental rights and duties of citizens does not provide for the right to freedom of religion or belief.

neg: Amendments to the Constitution of Bangladesh also added, which specified that certain fundamental rights will be inapplicable in those cases. Second amendment of the constitution was passed on 22 September 1973 that suspended some of the fundamental rights of the citizens during a state of emergency. The act made following changes to the constitution: Third Amendment was passed on 28 November 1974 that brought changes in Article 2 of the constitution. An agreement was made between Bangladesh and India in respect of exchange of certain enclaves and fixation of boundary lines between the countries. The amendment was passed on 25 January 1975. Significant changes included: This

neg: Thirty-eighth Amendment of the Constitution of India Thirty-eighth Amendment of the Constitution of India The Thirty-eighth Amendment of the Constitution of India, officially known as The Constitution (Thirty-eighth Amendment) Act, 1975, made the declaration of "The Emergency" final and conclusive. In particular it codified and enlarged the State's power to remove fundamental rights from its citizens during states of emergency. Introduced on 22 July 1975, the bill received presidential assent in ten days. The Amendment barred judicial review of proclamations of emergency whether made to meet external, internal, or financial threats (Article 360 for the latter). It also barred judicial review of overlapping emergency proclamations, or ordinances

neg: Sahrawi nationality law certainty who in fact is a Sahrawi citizen. Sahrawi citizens enjoy a range of rights under the Sahrawi constitution such as those relating to participation in the political, economic and social life of SADR. Sahrawi citizens are also subject to a number of obligations, some of which reflect the particular circumstances of the Sahrawi Republic. The following obligations are imposed on Sahrawi citizens under Chapter Five of Sahrawi constitution: Citizens who are parents are also obliged to protect their families and their education while children must respect their parents. Among the Western Saharan population there is a very significant number

neg: Mirza Aziz Akbar Baig demanded the lifting of restrictions on media and the withdrawing of PEMRA (Pakistan Electronic Media Regulatory Authority) ordinance. Lawyers under his supervision protested blocking transmission of Geo, Ary and Aaj TV channels. He contested that blocking of transmission of the TV channels violates fundamental rights, specifically freedom of expression which violates the Constitution of Islamic Republic of Pakistan. The law does not allow the government to unilaterally ban transmission of broadcast media, depriving citizens of their rights of access to information. Participants at the convention inside and outside Karachi Hall of the Lahore High Court Bar Association kept the atmosphere

neg: National Guard of Russia a state of emergency, the National Guard personnel have the right to ban the traffic of vehicles and pedestrians, use citizens’ cars to arrive at the scene of an emergency situation or chase criminals, enter houses, use force, special means and weapons. According to the establishing law, National Guard troops exercise their activity on the basis of the principles of legality, the observance of the rights and freedoms of an individual and a citizen, single authority and centralized control. According to Gordon M. Hahn, the rapid reaction forces and special operational forces and aviation of the National Guard remain under

neg: Proclamation No. 55 due regard to the fundamental civil and political rights of our citizens." It also states that the "state of national emergency on account of lawless violence shall remain in force and effect until lifted or withdrawn by the President." Under Memorandum Order No. 3 released on September 7, 2016, the Department of National Defense and the Department of the Interior and Local Government are ordered to deploy additional forces of the AFP and PNP in public areas throughout the country without causing undue alarm to the general public, and to intensify their local and transnational intelligence operations against individuals or

neg: Italian nationality law Kingdom of Sardinia, was the first basic legal system of the Italian state, formed in 1861. It was not a true constitution, but was essentially an outline of the fundamental principles on which the monarchic rule was based. Article 24 reads: "All subjects, whatever be their title or rank, are equal before the law. All enjoy equally the civil and political rights, and are admissible to the civil and military offices, except under circumstances determined in the Law." This proclaimed equality before the law referred nonetheless only to men, since women were subordinate to the authority of the "pater familias".

neg: Pacifism violence for emergency defence of self or others. Others support destruction of property in such emergencies or for conducting symbolic acts of resistance like pouring red paint to represent blood on the outside of military recruiting offices or entering air force bases and hammering on military aircraft. Not all nonviolent resistance (sometimes also called civil resistance) is based on a fundamental rejection of all violence in all circumstances. Many leaders and participants in such movements, while recognizing the importance of using non-violent methods in particular circumstances, have not been absolute pacifists. Sometimes, as with the civil rights movement's march from

neg: Fundamental Rights, Directive Principles and Fundamental Duties of India firestorm in India when the Supreme Court ruled that Shah Bano, a Muslim woman who had been divorced by her husband in 1978 was entitled to receive alimony from her former husband under Indian law applicable for all Indian women. This decision evoked outrage in the Muslim community, which sought the application of the Muslim personal law and in response the Parliament passed the Muslim Women (Protection of Rights on Divorce) Act, 1986 overturning the Supreme Court's verdict. This act provoked further outrage, as jurists, critics and politicians alleged that the fundamental right of equality for all citizens irrespective of

neg: Recognition of same-sex unions in Italy must be recognized in Italy. The Court refused to hear the case of the mayor of the small town of Santo Stefano del Sole, who was attempting to appeal an earlier sentence passed down from the Court of Appeal of Naples, in which the marriage was officially recognized. One of two women has the right to claim Italian citizenship jus sanguinis. Thus, refusal to recognize the union was seen as being in direct violation of the Charter of Fundamental Rights of the European Union, of the fundamental rights of European citizens, of the right of free movement for citizens throughout

neg: De Lille v Speaker of the National Assembly did not obstruct or disrupt the proceedings in the Assembly at the time. "In the result," continued Mahomed CJ, "the appellant has failed to persuade me that the National Assembly had any constitutional authority to suspend the respondent from the National Assembly in the circumstances disclosed by the evidence adduced before the High Court." Accordingly, the suspension of a Member of the Assembly in those circumstances did not have constitutional authority and was void. De Lille v Speaker of the National Assembly De Lille and Another v Speaker of the National Assembly, an important case in South African constitutional law,

neg: Legal aspects of ritual slaughter really complies with the commandments of Islam...Under these circumstances, an exemption from the mandatory stunning of warm-blooded animals before their blood is drained cannot be precluded if the intention connected with this exemption is to facilitate, on the one hand, the practice of a profession with a religious character, which is protected by fundamental rights, and, on the other hand, the observation of religious dietary laws by the customers of the person practicing the occupation in question. Without such exemptions, the fundamental rights of those who want to perform slaughter without stunning as their occupation would be unreasonably restricted, and

neg: United Kingdom constitutional law that is usually justified by Parliament upholding other principles, namely the rule of law, democracy, and internationalism. Second, the rule of law has run through the constitution since the Magna Carta 1215 and Petition of Right 1628. This means the government may only conduct itself according to legal authority, including respect for human rights. Third, at least since 1928, democracy has become a fundamental constitutional principle. Originally only wealthy, property-owning men held rights to vote for the House of Commons, while the King or a hereditary House of Lords dominated politics. But from 1832 adult citizens slowly won the right

neg: Hizb ut-Tahrir in human rights "as an idea emanating from the detachment of "deen" from life." American-based academic David Commins writes that, "within well-recognized bounds, the Muslim enjoys much freedom" under HT's hypothetical caliphate. The HT constitution also include rights such as assumption of innocence until proven guilty, due process, a ban on torture. Should the caliphate violate its citizens' rights, however, critics note that those citizens would have no right to rebel, because shariah law (according to HT text "The Ummah’s Charter") "has urged obedience to those who assume authority over the Muslims, whatever injustice they committed and however much they

neg: Congress of the Confederate States the environs of Richmond, displaced as were numerous citizens of Missouri, and that the Marylanders should also be subject to conscription laws. Both House and Senate passed enabling legislation, but Jefferson Davis pocket vetoed the measure at the close of Session in May for fear of alienating a state that was virtually neutral in the conflict. The Confederate Congress never developed a coherent anti-administration party, but in 1863 facing re-election amidst growing dissatisfaction with the Davis administration, it did refuse to extend Jefferson Davis's authority to suspend habeas corpus nationally as an emergency power. Nevertheless, state courts in the Confederacy

neg: Law enforcement in Northern Cyprus law. The police are charged with performing their duties within the framework of the Constitution and laws with due respect to the principles of a democratic State under the rule of law and to the fundamental rights of citizens. The emergency number for the police force in the Turkish Republic of Northern Cyprus is 155. Law enforcement in Northern Cyprus Law enforcement in Northern Cyprus is administered by the Republic's Security Council and the Ministry of the Interior, to whom the Turkish Republic of Northern Cyprus's police force, the Directorate General for Police, reports. The commander of the police service

neg: Human rights in Japan visa, and entry application irregularities. The Government continued to study the foreign worker issue, and several citizens' groups were working with illegal foreign workers to improve their access to information on worker rights. The Ministry of Labor effectively administered various laws and regulations governing occupational health and safety, principal among which is the Industrial Safety and Health Law. Standards were set by the Ministry of Labor and issued after consultation with the Standing Committee on Safety and Health of the Central Labor Standards Council. Labor inspectors have the authority to suspend unsafe operations immediately, and the law provides that workers

neg: Ministry of the Interior (Taiwan) Ministry of the Interior (Taiwan) The Ministry of the Interior (MOI; ) is a cabinet level policy-making body, governed under the Executive Yuan of the Republic of China (Taiwan). It is the fundamental executive yuan agency responsible for home affairs and security throughout Taiwan, including population, land, construction, military service administration, national emergency services, local administration systems, law enforcement and social welfare (prior to 23 July 2013). It closely monitors the rights of the residents and every aspect of national development to ensure steady progress of the nation, strengthen social peace and order, and upgrade the quality of citizens' lives.

neg: Environmental Bill of Rights Environmental Bill of Rights The Environmental Bill of Rights ("EBR") was passed by the legislature of Ontario, Canada in 1993. It gives Ontario citizens rights to participate in environmental decision-making. The "EBR" is upheld by the Environmental Commissioner of Ontario, who is currently Dr. Dianne Saxe. The "EBR" gives citizens the right, under specific circumstances: The "EBR" also lays out responsibilities for those ministries that are prescribed: The Environmental Commissioner of Ontario reports annually on ministries' compliance with the "EBR". Since 2009, the "EBR" requires the ECO to report annually "on the progress of activities in Ontario to reduce the

neg: State of emergency fairly uncommon in democracies, dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime, or for extended periods of time so that derogations can be used to override human rights of their citizens usually protected by the International Covenant on Civil and political rights. In some situations, martial law is also declared, allowing the military greater authority to act. In other situations, emergency is not declared and de facto measures taken or decree-law adopted by the government. Ms. Nicole Questiaux (France) and Mr. Leandro Despouy (Argentina), two consecutive United Nations Special Rapporteurs,

neg: Civil liberties English legal charter agreed in 1215 which in turn was based on pre-existing documents, namely the Charter of Liberties. The Constitution of People's Republic of China (which applies only to mainland China, not to Hong Kong, Macau and Taiwan), especially its Fundamental Rights and Duties of Citizens, claims to protect many civil liberties. Taiwan, which is separated from China, has its own Constitution. The Fundamental Rights—embodied in Part III of the constitution—guarantee liberties such that all Indians can lead their lives in peace as citizens of India. The six fundamental rights are right to equality, right to freedom, right against

neg: Mark-to-market accounting and liquidity risks. Section 132 of the Emergency Economic Stabilization Act of 2008, which passed on October 3, 2008, restated the SEC's authority to suspend the application of FAS 157, and Section 133 required a report by the SEC which was delivered December 30, 2008. On October 10, 2008, the FASB issued further guidance to provide an example of how to estimate fair value in cases where the market for that asset is not active at a reporting date. On December 30, 2008, the SEC issued its report under Sec. 133 and decided not to suspend mark-to-market accounting. On March

neg: Swedish nationality law the law of the other country permits them to do so. Swedish citizens who nonetheless hold Japanese citizenship must normally, under Japan's nationality law, notify Japan's Ministry of Justice, before turning 22, whether to keep their Swedish or Japanese citizenship. Prior to 1 July 2001, Swedish citizens were still able to legally hold dual citizenship in certain circumstances, for example, if the other citizenship was acquired automatically at birth. Because Sweden forms part of the European Union, Swedish citizens are also citizens of the European Union under European Union law and thus enjoy rights of free movement and have the

neg: Latvian nationality law "On the renewal of Republic of Latvia citizens' rights and fundamental principles of naturalization" declaring the 1940 decree null and void with regard to Republic of Latvia citizens. On 2 September 2012, the Central Election Commission received a draft for amendments to the Citizenship Law, providing that, from 1 January 2014, all non-citizens (a status held by former USSR citizens who do not possess citizenship of Latvia or any other state and who do not apply for citizenship while residing in Latvia), who by 30 November 2013 had not applied, under the rules of the Cabinet of Ministers, to retain

neg: Fundamental rights in the German Constitution While some "Grundrechte" apply only to Germans, there are some on which only non-Germans can rely, e.g. right to asylum (art. 16a GG). Some of the "Deutschengrundrechte" also apply for other citizens of the European Union with or without residence in Germany regarding their rights to move freely within Germany or to work. Nevertheless it is disputed whether all German fundamental rights apply to them in light of the prohibition of discrimination contained in Art. 18 (1) of the TFEU treaty. This article requires that all citizens of the EU are given equal status and equality of protection under all

neg: District of Columbia voting rights representation for the District of Columbia argue that as citizens living in the United States, the District's estimated 672,228 residents should have the same right to determine how they are governed as citizens of a state. At least as early as 1776, George Mason wrote in the Virginia Declaration of Rights: Justice Hugo Black described the right to vote as fundamental in "Wesberry v. Sanders", . He wrote, "No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live.

neg: Land acquisition in India 19 guaranteed that all citizens have the right to acquire, hold and dispose of property. Article 31 stated that "no person shall be deprived of his property save by authority of law." It also indicated that compensation would be paid to a person whose property has been taken for public purposes (often subject to wide range of meaning). The Forty-Fourth Amendment of 1978 deleted the right to property from the list of fundamental rights with an introduction of a new provision, Article 300-A, which provided that "no person shall be deprived of his property save by authority of law" (Constitution

neg: Victorian Charter of Human Rights and Responsibilities infringe rights in exceptional circumstances, such as when facing a serious security threat or a state of emergency. Courts do not have the authority to strike down impeding legislation, but are able to interpret statutory provisions in a way that is compatible with human rights. Victorian Charter of Human Rights and Responsibilities The Charter of Human Rights and Responsibilities Act 2006 is an Act of Parliament of the state of Victoria, Australia, designed to protect and promote human rights. It does so by enumerating a series of human rights, largely developed from those in the International Covenant of Civil and

neg: United States v. Drayton citizens consent to them. Scholars have traced the origins of the Consent to Search Doctrine as far back as the 1920s, but it was not until the 1970s that the Court clarified that searches are reasonable if, under a "totality of the circumstances", the search is "voluntary". Courts generally look to whether officers believed, at the time of the search, the individual being searched provided voluntary consent. Officers may also rely on the consent of someone who reasonably appears to have authority to consent to a police search, even if that person actually has no such authority. However, if officers

neg: Garry Davis abyss of total war." Along with his support committee, he rallied over 15,000 people in Paris to demand that the UN recognize the rights of Humanity. Eleanor Roosevelt expressed support in her "My Day" column for Davis' efforts towards forming a worldwide international government. Davis founded the International Registry of World Citizens in Paris in January 1949, which registered over 750,000 individuals. On 4 September 1953 Davis formed an organisation, the World Government of World Citizens, with the stated aim of furthering fundamental human rights. He additionally formed the World Service Authority in 1954 as the government's executive and administrative

neg: Slovenian nationality law of Slovenia". These are generally defined as: Slovenian citizens who possess another nationality may normally renounce Slovenian citizenship if resident outside Slovenia. Dual citizenship is generally permitted in Slovenia, except for certain persons seeking to become Slovenian citizens by naturalisation. However Slovenian citizens who have another nationality may be deprived of Slovenian citizenship in certain circumstances. Because Slovenia forms part of the European Union, Slovenian citizens are also citizens of the European Union under European Union law and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament. When in a non-EU

neg: Fundamental rights in India determine. Article 22: Protection against arrest and detention in certain cases. The constitution also imposes restrictions on these rights. The government restricts these freedoms in the interest of the independence, sovereignty and integrity of India. In the interest of morality and public order, the government can also impose restrictions. However, the right to life and personal liberty cannot be suspended. The six freedoms are also automatically suspended or have restrictions imposed on them during a state of emergency. Right to Information (RTI) Right to Information has been given the status of a fundamental right under Article 19(1) of the Constitution

neg: Alien Tort Statute Gorsuch concurred. Justice Sotomayor wrote a 34-page dissent, arguing the decision "absolves corporations from responsibility under the ATS for conscience-shocking behavior." Immunizing corporations from liability "allows these entities to take advantage of the significant benefits of the corporate form and enjoy fundamental rights, "see, e.g.", "Citizens United v. Federal Election Comm’n", 558 U. S. 310 (2010); B"urwell v. Hobby Lobby Stores, Inc.", 573 U. S. ___ (2014), without having to shoulder attendant fundamental responsibilities." The plaintiffs in "Kiobel" were citizens of Nigeria who claimed that Dutch, British, and Nigerian oil-exploration corporations aided and abetted the Nigerian government during the 1990s

neg: Constitution of Belarus including appropriate food, clothing, housing and likewise a continuous improvement of necessary living conditions"", is the top priority of the government. These rights are granted to all citizens of Belarus and every Belarusian is to be treated equally under Belarusian law. However, these rights can be removed for national security reasons or if Belarus is under a state of emergency. No one is allowed to ""enjoy advantages and privileges that are contrary to the law."" A state of emergency, which can be called by the President of Belarus according to Article 84, has to be approved by the Council of

neg: Freedom of movement foreign travel documents. Russian citizens living abroad may get stuck in Russia if they need to obtain a passport while on visit to Russia; the legal term for issuance of a passport may be up to 4 months under some circumstances. Russian consular offices do not grant visas to foreign passport holders who are (or are suspected to be) Russian citizens. Britons have long enjoyed a comparatively high level of freedom of movement. Apart from Magna Carta, the protection of rights and liberties in this field has tended to come from the common law rather than formal constitutional codes and

neg: Fundamental Rights, Directive Principles and Fundamental Duties of India This right is subject to the power of the State to impose reasonable regulations regarding educational standards, conditions of service of employees, fee structure, and the utilisation of any aid granted by it. The Right to Constitutional Remedies empowers citizens to approach the Supreme Court of India to seek enforcement, or protection against infringement, of their Fundamental Rights. Article 32 provides a guaranteed remedy, in the form of a Fundamental Right itself, for enforcement of all the other Fundamental Rights, and the Supreme Court is designated as the protector of these rights by the Constitution. The Supreme Court has been

neg: Constitution When a government loses confidence, it stays in office until a new government is formed; something which normally but not necessarily required the holding of a general election. Many constitutions allow the declaration under exceptional circumstances of some form of state of emergency during which some rights and guarantees are suspended. This provision can be and has been abused to allow a government to suppress dissent without regard for human rights—see the article on state of emergency. Italian political theorist Giovanni Sartori noted the existence of national constitutions which are a facade for authoritarian sources of power. While such documents

neg: Native American civil rights the Natives could become citizens yet still maintain their status and rights as Natives. Even for signatory Native Nations to the Fort Laramie Treaty, however, it was made clear that though some would become citizens, it did not mean that they all would gain the right to vote. In 1884, when John Elk, a Native who lived in Omaha, Nebraska, attempted to register in local elections, he was refused a ballot. When he took the case to Supreme Court and through the "Elk v. Wilkins" trial, he was ruled against under the circumstances that Natives were not protected under the

neg: Charter of Fundamental Rights of the European Union him to cancel the project. Charter of Fundamental Rights of the European Union The Charter of Fundamental Rights of the European Union enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009. Under the Charter, the European Union

neg: Fundamental Rights, Directive Principles and Fundamental Duties of India an obligation upon the State to ensure the preservation of monuments and objects of national importance. Article 50 requires the State to ensure the separation of judiciary from executive in public services, in order to ensure judicial independence, and federal legislation has been enacted to achieve this objective. The State, according to Article 51, must also strive for the promotion of international peace and security, and Parliament has been empowered under Article 253 to make laws giving effect to international treaties. The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations

neg: New Jersey Motor Vehicle Commission infrastructure, enhancement of security measures and introduction of mandatory customer service training for employees. The MVC has the authority under N.J.S.A. Title 39 to suspend or revoke a driver's license and/or registration in various circumstances related to, or unrelated to, judicial proceedings. Possible reasons where a driver could received a Notice of Scheduled Suspension arising as a direct result of administrative action include: The MVC will grant afford those with a scheduled suspension to request a suspension hearing by providing the MVC in writing prior to the date of proposed suspension. Upon requesting a hearing, the MVC will review the

neg: Marsh v. Alabama justify the restriction of a community of citizens' fundamental rights and liberties. Justice Frankfurter concurred in the Court's opinion with one exception. The majority opinion briefly mentioned the Commerce Clause as possibly being analogous to the case's circumstances. In his concurrence, Justice Frankfurter expressed his opinion that it was unnecessary to look to the Commerce Clause for guidance on a First Amendment issue. Justice Reed introduced his dissent by noting that the Constitutional protections for religion, speech, and press are not absolute or unlimited in respect to the manner or place of their exercise. Furthermore, Reed asserted that property rights,

neg: Fundamental Rights, Directive Principles and Fundamental Duties of India within the territory of India. This includes the equal subjection of all persons to the authority of law, as well as equal treatment of persons in similar circumstances. The latter permits the State to classify persons for legitimate purposes, provided there is a reasonable basis for the same, meaning that the classification is required to be non-arbitrary, based on a method of intelligible differentiation among those sought to be classified, as well as have a rational relation to the object sought to be achieved by the classification. Article 15 prohibits discrimination on the grounds only of religion, race, caste, sex,

neg: Charter of Fundamental Rights of the European Union Charter of Fundamental Rights of the European Union The Charter of Fundamental Rights of the European Union enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009. Under the Charter, the European Union must act and legislate consistently

neg: Iran and weapons of mass destruction confidence in the international community which was reinforced when many nations, under pressure from the United States, rejected or withdrew from signed commercial deals with the Iranian nuclear authority. On 31 July 2006, the Security Council passed a resolution demanding Iran suspend its enrichment program. On 23 December 2006, the UN Security Council imposed sanctions against Iran, which were later tightened on 24 March 2007, because Iran refused to suspend enrichment. Iran's representative to the UN argued that the sanctions compelled Iran to abandon its rights under the NPT to peaceful nuclear technology. The Non-Aligned Movement called on both sides

neg: Fred Korematsu 1944. On December 18, 1944, in a 6–3 decision authored by Justice Hugo Black, the Court held that compulsory exclusion, though constitutionally suspect, was justified during circumstances of "emergency and peril". However, the Court also decided "Ex parte Endo" in December 1944 to grant Mitsuye Endo her liberty from the camps because the Department of Justice and War Relocation Authority conceded that Endo was a "loyal and law-abiding citizen" and that no authority existed for detaining loyal citizens longer than necessary to separate the loyal from the disloyal. Endo's case did not address the question of whether the initial removal

neg: Fundamental rights in India rights by means of writs such as habeas corpus, Mandamus, Prohibition, Certiorari and Quo Warranto. Violation of these rights result in punishments as prescribed in the Indian Penal Code or other special laws, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste or gender. Though the rights conferred by the constitution other than fundamental rights are equally valid and their enforcement in

neg: Fundamental rights in India interest, anyone can commence litigation in the court on their behalf. This is known as "Public interest litigation". In some cases, High Court judges have acted suo moto on their own on the basis of newspaper reports. These fundamental rights help not only in protection but also the prevention of gross violations of human rights. They emphasise on the fundamental unity of India by guaranteeing to all citizens the access and use of the same facilities, irrespective of background. Some fundamental rights apply for persons of any nationality whereas others are available only to the citizens of India. The right

neg: Relevant and irrelevant considerations in Singapore administrative law of decisions and not their merits. In the United Kingdom, it has been suggested that if the court interprets a statute to impose a duty on a public authority, the resources available to the authority are irrelevant to deciding how the duty should be carried out. Conversely, if the court interprets a statute to confer a discretionary power on a public authority, then resources are a relevant consideration. Also, public authorities are not required to take into account people's fundamental rights arising under the Human Rights Act 1998 as relevant considerations before arriving at decisions. Their only responsibility is to

neg: Colombian Red Cross views; the protection of life and health of people and their dignity as human beings, in particular, in time of armed conflict and emergencies; to promote health and social welfare and the preventing of disease; to promote and defend human rights, international humanitarian rights and the fundamental principles of the International Movement of the Red Cross and Red Crescent. As a result of the Colombian Armed Conflict and the multiple violations to human rights, the Colombian Red Cross works in the prevention and assistance to victims of the conflict. It has also helped clarify and improve the circumstances under such

neg: International child abduction of minors limited such considerations to strictly emergency situations. Starting with the 1924 Declaration on the Rights of the Child and the 1959 United Nations Declaration on the Rights of the Child there was a growing recognition at the international level of the shift in nation's domestic laws away from parental authority and towards an emphasis on protecting the child, even from their own parents. This foreshadowed the 1989 UN Convention on the Rights of the Child and led to the establishment of exceptional circumstances in Article 13 of the Hague Abduction Convention where the removal of children would not

neg: Internet censorship in the United States Mubarak in several articles and comments. On August 29, 2011, a coalition of nine public interest groups led by Public Knowledge filed an Emergency Petition asking the U.S. Federal Communications Commission (FCC) to declare "that the actions taken by the Bay Area Rapid Transit District ("BART") on August 11, 2011 violated the Communications Act of 1934, as amended, when it deliberately interfered with access to Commercial Mobile Radio Service ("CMRS") by the public" and "that local law enforcement has no authority to suspend or deny CMRS, or to order CMRS providers to suspend or deny service, absent a properly obtained

neg: Voting rights in the United States part reflected the strong continuing immigration to the United States. Some cities like Chicago, towns or villages (in Maryland) today allow noncitizen residents to vote in school or local elections. In 1875, the Supreme Court in "Minor v. Happersett" noted that "citizenship has not in all cases been made a condition precedent to the enjoyment of the right of suffrage. Thus, in Missouri, persons of foreign birth, who have declared their intention to become citizens of the United States, may under certain circumstances vote". Federal law prohibits noncitizens from voting in federal elections. Voting rights in the United States The

neg: Freedom of movement or some other form of entrance permit for non-citizens to enter their territory. Those who enter countries in defiance of regulations requiring such documentation are often subject to imprisonment or deportation. Most countries require that their citizens leave the country on a valid passport, travel document issued by an international organization or, in some cases, identification document. Conditions of issuance and the governments' authority to deny issuance of a passport vary from country to country. Under certain circumstances, countries may issue travel documents (such as laissez-passer) to aliens, that is, to persons other than their own citizens. Having a passport

neg: Constitution of the Dominican Republic of basic rights. However, an authoritarian government replaced the country's liberal, democratic government during its first year. The new regime proceeded to write its own constitution. This second constitution considerably strengthened the executive, weakened the legislative and the judicial branches, and gave the president widespread emergency powers, including the power to suspend basic rights and to rule by decree. Thereafter, governance of the country often alternated between liberal and authoritarian constitutional systems. Even the dictator Rafael Trujillo always took care to operate under the banner of constitutionalism. Under Trujillo, however, the legislature was simply a rubber stamp; the courts were

neg: Administrative detention maintain that the police often abuse their power, that the execution of these powers is at the complete discretion of the police, and that there are no legal constraints placed on their execution. Egypt's Emergency Law No. 162 of 1958 authorizes the government to suspend basic civil liberties by declaring a state of emergency. Such a state of emergency has been in force almost continuously since 1967. Acting under this law, Egyptian authorities have administratively detained individuals who were suspected of membership in banned organizations such as the Muslim Brotherhood, as well as individuals engaged in peaceful demonstrations expressing opposition

neg: Private attorney general violate the Nation's fundamental laws are not to proceed with impunity, then citizens must have the opportunity to recover what it costs them to vindicate these rights in court." Where a plaintiff wins his or her lawsuit and is considered the "prevailing party," § 1988 acts to shift fees, including expert witness fees [at least in certain types of civil rights actions, under the Civil Rights Act of 1991, even if not in § 1983 actions], and to make those who acted as private attorneys general whole again, thus encouraging the enforcement of the civil rights laws. The Senate reported

neg: Beneš decrees of 1991 and 1994). The committee found that Brokova was denied her right to equal protection under the law, in violation of article 26 of the International Covenant on Civil and Political Rights. In 2005, the European Court of Human Rights refused the application of Josef Bergauer and 89 others against the Czech Republic. According to the applicants, "after the Second World War, they were expelled from their homeland in genocidal circumstances", their property was confiscated by Czechoslovak authorities, the Czech Republic failed to suspend the Beneš Decrees and had not compensated them. The court held that the expropriation took

neg: Yathra Yathra Yathra (meaning: "The Journey") is a 1985 Malayalam film directed by Balu Mahendra. It is a remake of Mahendra's own 1982 Telugu film "Nireekshana". It stars Mammootty and Shobana in the roles prtrayed by Bhanu Chander and Archana in the original. "Yathra" tells a fictional story but is built upon the human rights violations by the police and the prison authorities in India during the nationwide emergency of 1975-1977, when the fundamental rights of the citizens were suspended. It is an adaptation of the 1977 Japanese classic "The Yellow Handkerchief". The film was commercial success. The story unfolds as

neg: Civil liberties Court and Supreme Court judges can also act on their own on the basis of media reports. The Fundamental Rights emphasize equality by guaranteeing to all citizens the access and use of public institutions and protections, irrespective of their background. The rights to life and personal liberty apply for persons of any nationality, while others, such as the freedom of speech and expression are applicable only to the citizens of India (including non-resident Indian citizens). The right to equality in matters of public employment cannot be conferred to overseas citizens of India. Fundamental Rights primarily protect individuals from any arbitrary

neg: Santosky v. Kramer into state affairs. Because of the ruling, all states previously using the fair preponderance standard changed to the clear and convincing standard, but California has since abandoned the clear and convincing standard and returned to the fair preponderance standard. The Supreme Court has previously held that citizens have certain fundamental rights upon which the government cannot infringe, unless the deprivation of that right is necessary to achieve a compelling government interest. This doctrine, arising from the "liberty clause" of the Fourteenth Amendment, is known as substantive due process. The right to privacy was found to be fundamental under this doctrine,

neg: Khojaly Massacre still in uniform, and some still carrying their guns, were interspersed with the masses of civilians" and according to eyewitness accounts there was shooting between Armenian and the Azerbaijani forces which were mixed with the civilians. At the same time, Human Rights Watch and Memorial stated that the killing of civilians could not be justified under any circumstances. Human Rights Watch noted that "the attacking party [i.e., Karabakh Armenian forces] is still obliged to take precautionary measures to avoid or minimize civilian casualties. In particular, the party must suspend an attack if it becomes apparent that the attack may be

neg: Human rights in the United Arab Emirates Human rights in the United Arab Emirates According to human rights organizations, the government of the U.A.E violates a number of fundamental human rights. The UAE does not have democratically elected institutions and citizens do not have the right to change their government or to form political parties. There are reports of forced disappearances in the UAE, many foreign nationals and Emirati citizens have been abducted by the UAE government and illegally detained and tortured in undisclosed locations. In numerous instances, the UAE government has tortured people in custody (especially expats and political dissidents). and has denied their citizens the

neg: Forty-second Amendment of the Constitution of India 356 required approval from Parliament was extended from six months to one year. Article 357 was amended so as to ensure that laws made for a State, while it was under Article 356 emergency, would not cease immediately after the expiry of the emergency, but would instead continue to be in effect until the law was changed by the State Legislature. Articles 358 and 359 were amended, to allow suspension of Fundamental Rights, and suspension of enforcement of any of the rights conferred by the Constitution during an Emergency. The 42nd Amendment added new Directive Principles, viz Article 39A, Article

neg: South African constitutional litigation whether the individual may exclude him or herself from the ‘benefits’ of a particular fundamental right in the circumstances of the case.” Waiver, and more generally, victim responsibility, may also influence the limitation stage and the remedy that a court will award for breach of the fundamental right. The effect of waiver depends firstly on the nature and purpose of the fundamental right in question. In principle, many of the freedom rights may be waived as long as the undertaking is made clearly and freely, and without the subject’s being placed under duress or labouring under a misapprehension: “To be

neg: Artur da Costa e Silva even for the ARENA-dominated legislature, which turned down the request. Costa e Silva then convened the Council of National Security and enacted the Institutional Act 5. It gave him the power to close Congress or any state legislature, rule by decree, dismiss state governors, and suspend citizens' political rights. It also instituted heavy-handed censorship, abolished habeas corpus for political crimes, and gave the federal government nearly unlimited authority to intervene in state and local affairs. Almost as soon as Costa e Silva signed this decree, he used its provisions to close Congress, as well as the legislatures of all states

neg: Stafford Disaster Relief and Emergency Assistance Act also lays out the rights and legal framework for citizens who feel their gun rights have been violated during a time of emergency. There are many criticisms of the Stafford Act. The Institute for Southern Studies has stated that the Act needs to give greater latitude to FEMA on how it responds to disasters that are extraordinarily devastating such as Hurricane Katrina. This is especially true for FEMA's ability to provide financial assistance in the form of grants to states and localities suffering after such a disaster. The Institute for Southern Studies has also noted the red tape that has