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Administrative Justice in the UN
The UN’s capacity as an administrative decision-maker that affects the rights of individuals is a largely overlooked aspect of its role in international affairs. This book explores the potential for a model of administrative justice that might act as a benchmark to which global decision-makers could develop procedural standards. Applied to the UN’s internal justice, refugee status determination, NGO participation and the Security Council, the global administrative justice model is used to appraise the existing procedural protections within UN administrative decision-making.
The Broken Promise
The book the Broken Promise is Kenya’s journey from 1963 to 2018 in search of economic freedom and constitutional enjoyments. Kenyans have been keen to enjoy good leadership, constitutional rights and an environment free from public looting that is corruption. The book portrays Kenya as a dynamic country embracing changes and yet being a major player in African politics and global arena. The clamour for third Constitution or referendum is a manifestation of this dynamism and not a sign of a failed state. The book also gives the history of the country and also educates the reader on the functions and structures of the government. The book also discusses the psychology of political lying globally. The book also analyses on reasons as to why men cooperate with politicians despite the shrewdness in the arena of politics.
The Post-Election Violence in Kenya
Since the historic Nuremberg Trial of 1945 an international customary law principle has developed that commission of a core crime under international law – war crimes, genocide, crimes against humanity and aggression – should not go unpunished. History shows, that when in Africa such violations occurred, especially as a result of election disputes, national and regional actors, including the African Union, resorted to political rather than legal responses. However, when crimes against humanity were alleged to have been committed in Kenya during the 2007-2008 post-election violence, a promising road map for criminal accountability was agreed upon alongside a political solution. In the spi...
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Ombuds Institutions, Good Governance and the International Human Rights System
This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institution...
Community Paralegals and the Pursuit of Justice
The United Nations estimates that four billion people worldwide live outside the protection of the law. These people can be driven from their land, intimidated by violence, and excluded from society. This book is about community paralegals - sometimes called barefoot lawyers - who demystify law and empower people to advocate for themselves. These paralegals date back to 1950s South Africa and are active today in many countries, but their role has largely been ignored by researchers. Community Paralegals and the Pursuit of Justice is the first book on the subject. Focusing on paralegal movements in six countries, Vivek Maru, Varun Gauri, and their coauthors have collected rich, vivid stories of paralegals helping people to take on injustice, from domestic violence to unlawful mining to denial of wages. From these stories emerges evidence of what works and how. The insights in the book will be of immense value in the global fight for universal justice. This title is also available as Open Access.
Human rights and democratic governance in Kenya: A post-2007 appraisal
This publication is a collection of essays on human rights and democratic governance in Kenya in the period after the 2007 post-elections violence. After surviving the trauma of electoral violence, the country soon embarked on a journey towards reconstruction by engaging in, among other things, intense re-evaluation of the then existing system of laws and institutions. In the process, the daunting task has been to reverse the flawed systems that have been in existence for many decades and in their place entrench systems that would promote and respect democratic governance and human rights. This publication, therefore, documents the extent of the country’s reconstruction since 2007, and makes recommendations for the way forward for the recovery of the state.
Research Handbook on the Ombudsman
The public sector ombudsman has become one of the most important administrative justice institutions in many countries around the world. This international and interdisciplinary Research Handbook brings together leading scholars and practitioners to discuss the state-of-the-art of ombudsman research. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman’s work. This comprehensive Handbook is of value to academics designing future ombudsman studies and practitioners and policymakers in understanding the future challenges of the ombudsman.
Constitutionalism and Good Governance
The volume addresses current issues and developments of European and Asian constitutionalism in 19 articles pertaining to 12 different constitutional regimes including topics like the constitution making and the design of constitutions, the judicialization of politics and constitutional courts, human rights in national law and the constitutionalization of national law by regional human right regimes, different concepts of the rule of law, electoral law, federalism, the majority principle and democracy, and ASEAN. Highlighting an interdisciplinary and comparative approach, the book resembles historical accounts, analytical studies, and political assessments by reputed legal and social science scholars including five (former) judges from the constitutional courts/council of Cambodia, Germany, Taiwan as well as the Supreme Administrative Court of Thailand.
