The Right to Development in Zimbabwe's Second Republic

The emergence of the post-Mugabe government sparked a frenzy of speculation about whether it heralds the beginning of a new era or simply more of the same. Against the "open for business” slogan and positive language around rights implementation, we assess if the new administration genuinely understands and is committed to implement Zimbabwe's right to development. The Zimbabwean Constitution recognises a distinct right to development, following the spirit of the African Charter. The right to development is therefore more than just a social or political demand;it is also a legal right with enforceable legal responsibilities on governments to promote, defend, and fulfil the right to development. The Second Republic's shortcoming has been in failing to deliver on its promises. This is seen in its reaction to the Covid-19 pandemic. While it sought to establish a suitable legislative framework for dealing with the pandemic, it failed horribly in putting its policies into action. For example, Zimbabwe's government has failed to show transparency in how it handled millions of dollars of donated funds for the pandemic. Corruption was allowed to run helter-skelter and the Minister of Health was implicated in swindling almost, if not, all the donations. All this was taking place while lives were at stake. Further, the opposition contends that the government's democratic rhetoric is not matching with what is obtained on the ground and cites the persecution of opposition leaders, labour leaders and civil society activists, among other issues. This exemplifies the typical government practice of failing to live up to the constitutional obligation of ensuring the right to development on a consistent basis. The Mnangagwa government has failed to implement the right to development in practice, despite putting in place policy and legislation consistent with the right to development. In this respect, even on what would seem like a safe and risk-free policy initiative (after all, who would argue against the right to development), the Mnangagwa's government's formative project falls short. © 2023, The Author(s), under exclusive license to Springer Nature Switzerland AG.

COVID-19 and the Federal State

After almost two years through the pandemic, COVID-19 has proven to be a considerable and specific challenge for liberal states such as the Federal Republic of Germany. Its constitution requires state actors on all levels to take action to protect its citizens against risks entailed by infectious diseases, but also to respect the rule of law and fundamental rights, data protection legislation and institutional arrangements, particularly the relationship between the central level ("Bund”) and the states ("Länder”). As it turns out, this federalist structure does not provide for an adequate legal framework when it comes to global pandemics such as COVID-19. © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022.

The notion of exception in the Spanish constitution of 1978: Theory and practice

This article deals not only with the constitutional and legal norms as regards the right of exception in Spain, but also with their application concerning the four cases which have occurred so far (This work covers up to 15 December 2021.). Furthermore, the article highlights the gap between regulations and reality or how the mentioned right has been misapplied in most of the cited cases, while providing the underlying reasons. © The Author(s), 2022. All rights reserved.

Immigration Law's Boundary Problem: Determining the Scope of Executive Discretion

In immigration law, executive discretion has become contested terrain. Courts, officials, and scholars have rarely distinguished between regulatory discretion, which facilitates exclusion and removal of noncitizens, and protective discretion, which safeguards noncitizens' reliance interests. Moreover, courts have long discerned an internal-external divide in discretion, deferring to executive measures that exclude noncitizens abroad, while reducing deference for measures concerning noncitizens who have already entered the United States. Immigration law needs a cohesive framework for executive discretion. This Article suggests a stewardship model to fill that gap.Recent developments have emphasized the need for a coherent model of discretion. The Trump Administration altered the landscape of executive discretion, seizing every chance to make the law harsher. The Biden Administration's efforts to correct this imbalance have been only partially successful. For example, the Biden Administration has issued a final rule supporting the Deferred Action for Childhood Arrivals (DACA) program and has issued enforcement guidelines that prioritize threats to national security and public safety and address recent irregular entries at the border. The Biden Administration has also sought to end the Trump Administration's "Remain in Mexico " program, which subjects tens of thousands of asylum seekers to peril. However, for over a year, President Biden retained the Title 42 program, which precluded asylum in the name of preventing the introduction of COVID-19. That program undercuts asylum and does not perform its ostensible public health mission. Only an unfavorable court decision in 2022 spurred efforts to terminate Title 42. At that point, another court enjoined Title 42's termination, illustrating yet again the confused state of executive discretion.A workable approach to executive discretion requires returning to first principles. To achieve these goals, the stewardship model highlights three factors: fit with the statutory framework, protection of reliance interests, and avoidance of adverse impacts on foreign relations. This Article applies these values to DACA, the Biden enforcement guidelines, Title 42, and the Remain in Mexico program.

Relationships, Rights, and Responsibilities: (Re)viewing the NHS Constitution for the post-pandemic 'new normal'.

Action needs to be taken to map out the fairest way to meet the needs of all NHS stakeholders in the post-pandemic 'new normal'. In this article, we review the NHS Constitution, looking at it from a relational perspective and suggesting that it offers a useful starting point for such a project, but that new ways of thinking are required to accommodate the significant changes the pandemic has made to the fabric of the NHS. These new ways of thinking should encompass concepts of solidarity, care, and (reciprocal) responsibility, grounded in an acceptance of the importance of relationships in society. To this end, we explore and emphasise the importance of our interconnections as NHS stakeholders and 're-view' the NHS Constitution from a relational perspective, concentrating on the rights and responsibilities it describes for patients and the public as NHS stakeholders. We argue that the NHS Constitution, of which most stakeholders are probably unaware, can be used as a tool to engage us, and to catalyse conversation about how our responsibilities as NHS stakeholders should change in the post-pandemic 'new normal'.

www.neuroquantology.com eISSN 1303-5150 1735 PRESERVING RIGHTS TO LIFE OF THE PEOPLE WITHIN THE CLASHES OF TWO CRISIS: UNLOCKING THE MALAYSIAN RULER'S PREROGATIVE POWER

The spread of the Covid19 pandemic has shaken the life of people across the globe. For Malaysia, the struggle to reduce the growth of the pandemic is intruded with the political turmoil that has in many ways impair the people's rights to life. During this striving episode, respect towards the wishes of the voters is destroyed by the elected representative greed of power and money politic. When the people elected their representatives, they put hopes on the government to ensure the preservation of acceptable quality of life. However, the political scenario has destroyed their hopes. This study intends to critically discuss the constitutional framework on the prerogative power of the Yang Di-Pertuan Agong (YDPA) during the clashes of two crises (spread of Covid19 pandemic and political turbulence). The Federal Constitution accords the YDPA with discretionary power among others to proclaim emergency in time of crisis and to resolve political turmoil by dominating the appointment of the Prime Minister and to dissolve the Parliament. However, these powers are limited by the concept of constitutional monarchy that forms the fundamental structure of the Malaysian constitution. Often, the exercise of the prerogative power by the YDPA was challenged on the ground of unconstitutionality. This study adopts a qualitative approach to the gathering of data through doctrinal study. A thorough analysis of the relevant legal framework, strong scholarly views, and legal cases are made.

The right to housing and shelter in South Africa: A COVID-19 informed perspective

This chapter critically evaluates the right to housing and shelter in South Africa within the COVID-19 framework. Such a context includes pertinent policy interventions such as the prohibition of evictions, protection provided to those who reside in informal settlements, protection extended to the homeless, and protection provided to renters and mortgage payers. This analysis is done to identify some legislative and policy gaps and propose solutions for addressing the challenges identified. While the contribution is about the right to housing, it does adopt a broader approach whereby it regards the full realisation of the right as interwoven with other rights in the Bill of Rights of the Constitution of the Republic of South Africa, 1996, particularly the socio-economic rights. This approach, as the study argues, is essential for protecting and providing the right to housing, especially during a pandemic, in a meaningful manner. © 2023 Nova Science Publishers, Inc.

Why are smart destinations not all technology-oriented? Examining the development of smart tourism initiatives based on path dependence

Destination practitioners and scholars have recognized the increasing importance of technologies, resulting in the implementation of smart tourism initiatives to overcome destination challenges before and during the COVID-19 pandemic period. While smart destinations are predominantly deemed to be technology-oriented, there have been calls for more collaborative and human-oriented forms of tourism development. This paper adopts a path dependence approach to explore the development of smart destinations and specifically why some smart destinations do not follow a technology path. The data were collected through semi-structured interviews with stakeholders involved in smart initiatives in Ljubljana, Slovenia. The findings illustrated that smart development draws on resources and activities associated with the past, which was confirmed by identifying the constitutive features of the path. Ljubljana's sustainability path significantly influenced its smart development, which challenges the underlying predominant assumption of smart being equated with digitization. Developers can use the findings to hasten the implementation of smart initiatives while also being mindful that paths can restrict practitioners' ability to change the focus of smart developments.

Article 41 of the Constitution on the test of the Covid-19 emergency: an inevitable emergency solution or a new balance between the market and individual rights?

[En]: Article 41 of the Constitution represents a punctum dolens within the doctrinal debate as it directly involves reflections on the constitutionalised economic model and its persistence following the phenomenon of community integration and the advent of the so-called European economic constitution. The pandemic, rectius the emergency legislation to contain it, has had a disruptive impact on private economic initiative, acting through the limiting clauses provided for in paragraph 2 of Article 41 of the Constitution and by balancing it with other constitutionally protected goods. If in circumstances of health emergency, the limitation of such freedom for the protection of public health and safety and social utility itself appeared almost obvious, as well as legitimate, one wonders whether stable guidelines can be extrapolated from such events for a different balancing between the market and the rights of the individual, at the national and European levels. © 2023, Societa Editoriale Federalismi s.r.l.. All rights reserved.

An Equality-sensitive Approach to Delivering Socio-economic Rights during Crises: A Focus on Kenya

This chapter discusses how the dire situation of vulnerable groups in Kenya is exacerbated in times of crises, such as the Covid-19 pandemic. Loss of employment, food shortages, and the high cost of living, coupled with the lack of equality-sensitive interventions by the government, have led to a rise in the number of Kenyans living in absolute poverty. This is despite the fact that Kenya's 2010 Constitution contains multiple provisions on the protection of the socio-economic rights of vulnerable groups, with Article 20(5)(b) going even further to require the prioritization of the needs of vulnerable groups when implementing the socio-economic rights in Article 43 of the Constitution, to ensure their widest possible enjoyment. The chapter argues that, as much as Kenya's laws provide the necessary legal framework and impetus for applying equality-sensitive approaches to delivering socio-economic rights and to avoid reinforcing inequality in times of crisis, they are not implemented by those in charge. The challenge, therefore, is the lack of application of actual laws in practice to facilitate the implementation of socio-economic rights to address the adverse effects of crises and their aftermath. In the final analysis, the chapter emphasizes that the needs of the most vulnerable in society should be prioritized when the state is implementing initiatives to respond to crises. This is what is constitutionally mandated in Kenya. To achieve this may mean the enactment of laws to best tackle contempt of court orders and blatant disregard of the law. © The several contributors 2022. All rights reserved.

Relevance of Duties in the Contemporary World: With Special Emphasis on Gandhian Thought

This book reflects on the significance of duties in creating an egalitarian society by collating and contextualizing the relevant literature. It particularly focuses on an appreciation of Gandhi's views on duty to showcase how they remain pertinent to create a cohesive, responsible and value-based society in the present right-dominated world. A viable solution to the current real world problems could be found in exploring the philosophy on duties and the book provides relevant literature in this regard. It undertakes jurisprudential analysis of duty in a rights-dominated world, identifying the gaps in realising the potential of duty to address the critical issues of the present times. It argues that enforcement of rights depends heavily on the observance of duties and proposes coherence in right-duty relationship. Gandhian thought on duty recognises duty as a precursor to rights and emphasises that the observance of duties guarantees the enforcement of rights. The relevance of duties and Gandhian thoughts on the same is not restricted to India but transcends borders with profound appeal. Gandhian thoughts have become even more relevant in the current times to examine the situation of COVID-19 pandemic, racial discrimination (BLM), environmental crises, digital divide, health care and medical care crises, refugee and migrant labour problems and it can offer promising solutions based on the nuances of social solidarity, self realisation of duties/responsibilities, local governance, compassion and humanity. © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2022.

Not dead yet: Protest, process, and germany's constitutional democracy amid the coronavirus response

The COVID-19 response in the Federal Republic of Germany (FRG) did not entail a declaration of a state of emergency. No provisions or procedures of the German constitution were suspended at any point. To be sure, the FRG's COVID response - including lockdowns, travel bans, hygiene rules, mask guidelines, distancing, testing, tracing, immunization plans, and so on - represents something other than business as usual. According to the Federal Ministry of Health, Germany's first official case of COVID-19 occurred in a man in the southern state of Bavaria on 27 January 2020. Germany's success with the first wave may have wrongly inflected overly buoyant expectations about successive waves - at all levels of politics and society - for better and worse. Either way, things were about to get weird in the FRG, although at first, the summer seemed to be shaping up rather nicely as SARS-CoV-2 restrictions eased. © 2023 John Wiley & Sons, Inc.

Emergencies, executive power, and Ireland's Response to the Covid-19 pandemic

This chapter discusses the key restrictions Ireland enacted in response to the COVID-19 pandemic. It focuses on particular measures that most people in Ireland have experienced directly;namely, measures restricting a person's liberty and movements, and what businesses, events, and associations were permitted to operate. Like many states, Ireland enacted an emergency response to the COVID-19 pandemic. The Irish Constitution does make express provision for a state of emergency to be declared by the Oireachtas. In addition to constitutional norms, Ireland is also a signatory to several international human rights treaties relevant to the state's response to the pandemic. In July 2020, the Irish Health Service Executive launched the CovidTracker App, which was designed to assist with track and trace efforts. In 2021, Ireland began its vaccination programme against COVID-19. © 2023 John Wiley & Sons, Inc.

From the re-election of Sergio Mattarella to the formation of the Meloni government

The first section of this article describes the events surrounding the re-election of Sergio Mattarella;the context in which it took place;the political and economic circumstances it reflected, and to which it could not but represent a response. The second section considers the beginning of Mattarella's second term, which was marked by a number of highly significant national and international events: the war in Europe;the seamless transition from the COVID to the security emergency;the end of the Draghi government;the dissolution of Parliament;the election of 25 September;the decisive victory of the centre right;the rapid formation of the Meloni government. The article concludes with some reflections on the meaning of the second successive re-election of an Italian president, and its significance for the Italian political system. ©, The Founding Editors, Contemporary Italian Politics.

COVID-19: Legal lessons learned in Switzerland

The COVID-19 pandemic hit many countries hard, and Switzerland is no exception. This chapter deals with how Switzerland reacted to the crisis. In particular, it discusses the restrictions to the daily life that were in place and assesses these restrictions from a legal standpoint. The chapter then discusses the contact tracing apps and vaccinations. The Epidemics Act has been in force since 1 January 2016. The Epidemics Act introduces a three-part model applicable to normal, particular, and extraordinary situations, respectively;terms that were of high importance during the current pandemic. The measures to fight the COVID-19 pandemic were flanked by a myriad of other ordinances of the Federal Council, many of them concerning financial aid, either in the form of money lent by private banks but fully guaranteed by the Confederation or lump sum payments. © 2023 John Wiley & Sons, Inc.

The Impact of the Covid-19 Pandemic on Constitutionalism and the State of Emergency

The emanation of the Covid-19 global pandemic has managed to influence specific legal, political and socio-economic aspects. Public health, public institutions, as well as concepts such as: the rule of law, restriction of certain human rights and socio-economic wellbeing became characteristics of the global pandemic and as such triggered a state of emergency. The pandemic cannot be a justified pretext for an unlimited suspension of democracy. Indeed, restrictions on civil rights and liberties ought to be interim, proportional and transparent. Although the emergency measures taken by governments against the Covid-19 should be provisional, timebound and in congruence with democracy as any contemporary political regime or state governed by the rule of law. This situation once again revealed to us the importance of a constitutional state of emergency guided by public law in its forms and examples of comparative constitutional law regarding events which in 2020 demanded the emergence and function of public institutions in an effort to protect society. The state of emergency is regulated by the Constitution of the Republic of North Macedonia of 1991 in general which gives the government expansive power, such as bypassing the parliament's power through issuing acts by force of law. It is worth mentioning that in North Macedonia there is no lex specialis or special legislative act that regulates a state of emergency.

Rights of children with disability

Children with disabilities are at a point where child rights and disability rights intersect. Inevitably, the very children who need these rights the most are unable, through personal and/or social circumstances, to use them. Human rights perspective in disability means viewing children with disability as subjects and not objects. It entails a shift from viewing this group of children as problems toward viewing them as holders of rights. This chapter is an attempt to look at and understand the rights of children with disabilities as laid out by the Indian Constitution as well as by the United Convention on Rights of the Child. There is also emphasis on the nature of the disabling experiences, the trend of societal attitudes, stigmatization, and risk of abuse toward these children, policies that have been laid out for them, and their prognosis during COVID-19. Recommendations have been made as to how best we can protect the rights of children with disabilities. (PsycInfo Database Record (c) 2023 APA, all rights reserved)

JOURNALISTIC CENSORSHIP DURING COVID-19 BY USING THE EGYPTIAN COMMUNICABLE DISEASES LAW

This study investigated the effectiveness of the Egyptian Law on Communicable Diseases No. Law 152 of 2021, which sought to regulate procedures and measures necessary to fight the spread of epidemics and pandemics, as well as its implications for journalistic practice and press freedom in Egypt. The study was underpinned by the "Theory of State Censorship”. The study used in-depth interviews, which were done with 30 Egyptian journalists. The finding of the study indicated that the government placed restrictions on journalists by using Law 152 of 2021 to control the news relating to pandemics. The reason was to allow the government to exercise greater information control through digital policy. © 2022 Associacao Brasileira de Pesquisadores de Jornalismo. All rights reserved.

Federalism's Fallacy at the Forefront of Public Health Law.

Amid undulating conceptions of the role and prowess of federalism emerges its central constitutional role: protecting American liberties against unwarranted governmental intrusions. To the extent that federalism is used as a guise for withdrawing fundamental rights to abortion by the U.S. Supreme Court in Dobbs v. Jackson Women's Health Organization, individual rights are sacrificed in contravention of constitutional structural norms.