The referendum is one of the most studied and practiced institutions of semi-direct democracy around the world, in several latitudes and historical times, in different systems and political regimes... Show moreThe referendum is one of the most studied and practiced institutions of semi-direct democracy around the world, in several latitudes and historical times, in different systems and political regimes, at international, national, regional or local levels, with different legal frameworks and with various political consequences. However, Portugal, whose constitutional experience begins in 1820 with the liberal revolution, had its first democratic referendum only in 1998. This study try to conceptually characterize the referendum, in order to establish its fundamental typologies regarding the most relevant experiences in this field and to situate the case for and against the referendum as an expression of semi-direct democracy in the political and philosophical debate of different historical moments. In the next chapters, entirely dedicated to the Portuguese case, we shall present the historical evolution of the nation al and local referendum in the constitutional and political life in Portugal since 1820. An added emphasis will be given to the referendum experience of the Portuguese democracy born in 1974, particular attention being payed to the political debate about the formal introduction of the referendum in the 1976 Constitution and to the concrete experience of referendums proposed and held since then. Show less
Since the 1990s, the number of National Human Rights Institutions (NHRIs) has grown rapidly worldwide. NHRIs are widely believed to be able to contribute to the realisation of human rights, by... Show moreSince the 1990s, the number of National Human Rights Institutions (NHRIs) has grown rapidly worldwide. NHRIs are widely believed to be able to contribute to the realisation of human rights, by embedding international norms in domestic structures. Promoting Human Rights: National Human Rights Commissions in Indonesia and Malaysia addresses this issue by a comparative analysis of two NHRIs in Southeast Asia. It traces the development of both organisations since their inception, as well as their performance and effectiveness in three case studies regarding the freedom of religion, the right to a fair trial and the right to adequate housing. It reveals that the manner in which NHRIs address human rights issues differs between categories of rights, and that the promotion of international human rights standards is often hampered by the contestation of these norms, both within and outside of the organisation. At the same time, this study highlights some of the contributions the NHRIs have made to the realisation of human rights in challenging circumstances. The author therefore argues that NHRIs play a crucial role in making human rights an integral part of both the state and society. Show less
In discussing extremism, the key questions are: to whom is a duty owed and what are the limits of intolerance that are to be tolerated? Answering these questions requires examining limits and... Show moreIn discussing extremism, the key questions are: to whom is a duty owed and what are the limits of intolerance that are to be tolerated? Answering these questions requires examining limits and rights; analyzing them in the context of extremism is the ‘core’ of this book. While freedom of speech and freedom of religion are vital to democracies, the freedoms are not unlimited. Where to draw the line between permissible and impermissible is complicated. Religious and secular extremists pose dangers to society and individuals alike; the question I will seek to answer to what extent should, and does, society protect itself against a readily identifiable threat. Whether society chooses to ‘see’ that threat is essential to the discussion; examining why the threat is minimized, at best, and ignored, at worst, is a classic example of history repeating itself. The extremist, in addition to taking the law into his own hands, unequivocally rejects restrictions and limitations imposed by society intended to preserve civil and social order. As discussed in chapter one, I define extremism as a powerful combination of violence and ideology that must necessarily always be “correct” in the mind of its believers. For those believers their ideology is invariably “the truth” and must be defended at all costs. Show less
