JOOD-LAW INSTANTIATED IN DEMOCRATIC INSTITUTIONS
The thesis statement of this essay is to find the effectiveness of a legal framework that might help Governments to create a defence mechanism against the terrorism. In order to justify this statement different rules of laws in a democratic institution have been provided. Democracy helps to identify the performance of a state by judging its various aspects. While focusing on the demographic institutions in a country, a name of the respectable parliament comes first. Democracy in the UK contains three major institutions to retain a peaceful environment in a country. These are a legislature, the executive, and the judiciary system. Meanwhile, it is important to note that The Equality Act 2010 is applicable in these demographic institutions to avoid discrimination issues. On another hand demographic institutions in the US is complex as the law is divided into two major divisions, such are Federal Government and State Government. Hence, this essay deals with the rule of law and its effectiveness to resist terrorism, therefore, the definition of this law might be explained in the introductory part of this essay. Five principles have identified by Rachel Kleinfeld for a better understanding of this law. These principles reflect on the liability of any government to obey the law, equity, establishment of the law, proper justice and protection of human rights simultaneously. The rule of law is not applicable until any social and political order raises by the Government. The current debate about the effectiveness of the rule of law in deteriorating the terrorism identifies an interesting viewpoint on the necessary requirements of a legal framework to resist the terrorist activity in the present digital world.
Legal approaches were taken to mitigate terrorism issues
This evidence highlights that digital world in present scenario is getting affected by several terrorist activities. In order to counter these, the rule of law is illustrating its evidence to mitigate threats. In reference to the opinion of the concluding government five levels of threat has been addressed. These five levels are low, moderate, substantial, severe and critical. To further understand the role of the available rules this section explores the idea of the taken approaches by several governments against this terrorism. France and UK have taken a collaborative approach to isolate any issues in digital world and cyber security. This joint venture has started to unite people in the digital world. In addition to this, equality is trying to establish in this approach to make the web secure and peaceful for the people. On another hand, security report of 2017 illustrated to identify new approaches taken for the cyber terrorism in the US. The report showed that new initiatives have been taken by the cybercriminals to disrupt the electoral process of this country. There is a general agreement about the counter-terrorism strategy by different nations as UN has employed four pillars as their counter-terrorism strategy. These pillars contain different steps to build and execute an action plan related to this issue.
One aspect that illustrates the effectiveness of the rule of law can be identified as the laws taken by governments across the world. It might be presented that laws of the European Union and other countries are different from each another as countries like Australia, India, US and much more contains common law. Another line of thought on the strategies of the UN to counter terrorism demonstrates about the directives provided by the European Parliament about terrorism issues. Amongst many directives, respect for the human can be considered as the major one. Values, dignity, equality, and freedom are vulnerable to terrorist activities. Moreover to support the human rights against terrorism issues the case it can be found. This case reflects on the human rights as she was alleged in conducting suspicious activities that held her in conviction. It is evidenced that, in the month of the April 1977 she became arrested as she was charged with the abduction of a member of Swedish Government. During the session, the Court has found that the arrested lady contained no prior connection with terrorist activities. It was Norbert Kracher, a terrorist misguided people to arrest her. However, it is decided last by the European Court of Human council. Prior to this judgment, the court has made decisions on the basis of the Aliens Act 1954. Section 29, 30 and 31 were implied against her and she was about to expel from that country. In this context, the Human Rights Committee has decided to set Anna Maroufidou free as state party of the Sweden took the wrong advantage of their position. Hence, under article 5(4) of the Optional Protocol, the judgment was given in favor of her. This case might be intercepted form different perspective as it focuses on the effectiveness of the rule of law. As per the OSCE, the rule of law might not be termed as any form of legality rather it focuses on the different aspects that support human value. Therefore, the effectiveness of this law was reflected in this case as the human rights commission became able to create a bulwark against the terrorist activities and supported the accused to retain her freedom and dignity. To further illustrate it, legislation and causes related to different parts of the globe might be cited.
In Australia, Australian anti-terrorism legislation (2004) and anti-terrorism act 2005 has been applied. As per the Anti legislation bill 2014 of this country, multiple provisions have been included. Subsection 23B (1) of the crimes act states about the period of law, that have set the guideline of the time period in a jail of a terrorist. The case of Zeky Mallah illustrated the effectiveness of the anti-terrorism legislation in this country. Legislation of 2002 was charged against the first person that found him guilty of planning a terrorist activity. The Court gave judgment in the opposite of the accused and he was sentenced to a twelve-year jail. In addition, counterterrorism strategy of this country is praiseworthy. In many cases of terrorist activity, a rescue team has always been ready to respond in any situation. A proper link between the states and territories has been established in this country. It is evidenced that states and territories are liable to respond any terrorist activities in the domestic circuit. In order to provide a strong evidence of the taken legal approaches Terrorist and Disruptive Activities (Prevention) Act 1985, prevention of terrorist activities prevention act 2002 might be included.
TADA (Terrorist and Disruptive activities) was effective in India from 1985 to 1995 due to the Punjab insurgency, which made the economic growth of this country stagnant. Meanwhile, some disadvantages of the anti-terrorist legislation can also be found. Critics have illustrated negative view on the reformation of the counter-terrorism laws. Most of them have agreed about the political fear that restrains them to effective step against the terrorist activities in these countries. This fear can be named as the knee-jerk reaction by critics in Australia. Incapability to address issues regarding terrorist activities emerged this reaction and people of this country are getting frustrated for this political incapability.
From this discussion it can be said that different legal activities have taken in the entire world mitigate the issues of terrorism. It is experienced that anti-terrorist legislation and acts of European Union helped to mitigate the issue in Sweden. The same has been found in case of the Australia and India simultaneously. Henceforth, a change in the approaches of terrorists has been founded. Digitalization has changed the lifestyle of common citizen that contributed a better opportunity to terrorists. However, an importance of this applied anti-terrorist legislation can be properly interpreted by considering the rule of law
The rule of law: Essential principles
This section provides a general discussion on the rule of law by focusing on its principles and contrasting principles. It is known that rule of law became effective in a democratic environment. The rule of law plays capricious role in saving the rights of the normal people of a democracy. In addition, it can be said that absence of law might decline the entire law system of a country that might nullify any chance for survival. Significance of the rule of law might be cited in absence of it. This might activate a dictatorship rule in a country. Meanwhile, many literary scholars have praised a dictator rule. Hence, a different viewpoint differs with these perspectives. In many cases, violence and political chaos have been cited under a dictator law. Human values and ethics contained no value under this dictator law. Moreover, five major principles of the rule of law might be discussed. These principles are major parameters to identify any challenges to the dignity and freedom of human rights. This rule of law helps to bind a government by the proper help of law so that any government cannot implement harm of the common individuals of any society. Constitution in any democracy is the major factor to limit the functions of a government. This law also addresses equality issues in the institutions of law. Because of this law The Equality Act 2010 had been applied to the UK to avoid any issues of inequality. Apart from that other principles of a common law focuses on the proper formation of a law and order system in any country. Establishment of this law and order advances forward to apply different laws in favours of the common people. Apart from this protection of human rights are also applicable under the principles of this law.
Focusing on the validity of these principles it is evidenced that protection of human rights is the major principle of this law as without it no democracy should be developed in a proper manner. However, this law might not describe any rule related to the religious. However, another angle on this debate illustrates about a contradictory principle of this rule of law. The rule of law creates a difference in legal systems of many counties. Historical tradition plays a crucial role for such dissimilarities in many margins. As per the American people, this law has been derived from the traditional activities of the Anglo Saxon people. However, variation cited in legal and social approaches of different countries. In addition, the difference in perceptions has also noticed in different countries. Generally, the perception about the rule of law focuses until any individual proven guilty. Therefore, he/she can apply for its freedom and innocence during that time. This perception is mostly cited in the legal system of the UK and American law. Meanwhile, a perception of the rule of law gets changed in other parts of the Europe. It is evidenced that most of the countries in the Europe follow the orthodox Roman law. On another hand, the French legal system follows the perception of guilt over the innocence that allows multiple incarcerations. From this difference in legal system, varied perspective view has cited in the legal system in different countries. Building on from the idea of different perspectives of the rule of law, the importance of democratic institutions might be discussed.
Three requirements need to be matched by any government to create a better democratic institution. These contain a chunk of comprehensive laws, proper judicial system and well-trained officials to maintain the smoothness of the work. It can be cited that absence from any of them isolates the entire legal system in a country. It has been experienced that an illegitimate constitution disallows people to respect the legal system of any country. The absence of constitutional check might manipulate the legal system of any country. In this context, it can be said that judiciary and police force of any country needs to be loyal to the legal system. Negative instances related to democratic institutions of any country might be cited in the case of United States v Nixon . Nixton were accused of conducting illegal activities to ensure his reselection process. Democratic institutions of that country have taken effective decision to protect its principles. Moreover, media and common people played a crucial role as it pressurised Nixton to admit about his illegal activities. At the end of the case, the Supreme Court has found Nixton accused and directed to give resignation from his post. This judgment critically illustrated the first principle of the rule of law. From this, it can be introduced that even the president of any country needs to follow and obey the rule of law. Will of people of any society plays a pivotal role in achieving the rule of properly. In case of the UK, British abolitionist movement plays the important part in introducing rule of law in this country. On another hand, civil war in the US helped to bring rule of law by isolating issues of inequality in this country.
This section helped to understand basic principles of rule of law that might be considered as the fundamental of all laws across the globe. Five principles have been discussed in order to maintain a better environment in any society. Firm discussion on perspective views from different countries helped to understand about different aspects of the rule of law. Implementation of this rule of law helps to set guidelines of international law. Moreover, in a current dynamic scenario, terrorist activities have started to provide a negative influence on the international and national laws of different countries.
Effectiveness of the Rule of Law
In the current situational crisis in the world, the effectiveness of this law might be assessed by focusing on the work procedure of ODIHR. Three pillars are required to realize about the proper application of the rule of law. These pillars need to be maintained by any individual to avail benefits inside the courtroom. Works of ODIHR is currently expanded more in the OSCE region. In this section, different aspects of work procedure of ODIHR have been discussed. Eastern Europe, Central Asia, and South Caucasus are three important areas that have been recommended by the ODIHR to ensure proper judicial independence. These three essential; recommendations primarily focuses on the judicial administration, selection procedure and criteria for the judges and accountability on them. However, this organisation also offers assists to any government that might help these countries to make effective reformation about their judicial process. Based on this judicial independence, criminal justice activities of countries are also maintained by the ODIHR by considering the rule of law. This organisation becomes able to promote a varied number of reformation processes to help countries to enhance their criminal justice chain. Rectification in the criminal justice chain might become more effective by focusing on available obligations of human rights. By the help of the rule of law, ODIHR delivers experts help to these countries so that they become able to learn about this criminal justice and freedom and dignity of individuals. For instance, an expert forum has been situated by this organisation to help officials and practitioners to discuss different critical issues related to law.
In addition, trial monitoring sessions are also conducted by ODIHR as it helps other countries to maintain their commitments by obeying law related to this issue. Like previous objectives, this organization also promotes reformation procedure related to the safeguarding issue of the people.
NGOs are also get help from this institution as trial monitoring activities assist them to maintain a proper work procedure. War Crimes justice projects have been formed by considering different principles and factors of the rule of law. These projects have initiated by the joint venture of ODIHR, International Criminal Tribunal former Yugoslavia. In this context, different filed operations are conducted by this ODIHR. It is evidenced that in case of national jurisdictions in the south-eastern Europe have been consolidated by this war crimes project. In addition, these projects help different demographic institutions to enhance their responsibilities in delivering a better understanding of the prosecution of criminal cases. In this domain the rule of law helps other justice actors to make effective changes by sharing their experience with the members of the ICTY. It also assists to foster a proper co-operational channel between professionals across the world. The rule of law helps to aid the legal system of any judicial system as fragile contexts can be developed if an effective justice and rule of law works collaboratively. In order to provide an evidence-based research, the World Bank along with other influential actors performed many development programs in a specific area. On another hand it helped to develop different justice sectors of many countries. Academic researchers in a recent study have notified distinctiveness in economic and political factors. However, another idea can be raised from the effectiveness of this law. In this context, a case study on India can be named. The rule of law in India can be interpreted by focusing on the general aspects and the procedural aspect. It is evidenced that procedures in this country takes important activities to establish a proper legal system. Another instance of this procedural aspect can be compared to sport system. In competitive games like basketball procedures are important to set a healthy tone during the match. The same might be expected in case of legal systems to maintain a better order of flow. Substance and form also plays major role in making the rule of law effective in the India. Meanwhile, the effectiveness of rule of law might be different in western countries like UK, US and much more.
A judicial review can be included to provide proper justification about the effectiveness of the rule of law in the UK. From the paragraph 21 of the review, two theories can batter provide the meanings of the rule of law such are formalist theory and substantive theory. As per the review, laws need to maintain proper rules which must be formal in nature to retain validity of the legal system. On another hand, substantive theory reflects on different judgments of the laws and its contents neutrally. Another perspective of the effectiveness of law in this country legal empowerment is also cited. Legal empowerment can be defined as a systematic change or rectification to maintain a proper exposure to assist poor people to become safeguarded. This issue has been discussed previously as the ODIHR plays the same role in the different region of this globe. A major reason for safeguarding common people is to ensure the resources of any country as they are they are main drivers of the economic and social development. As per the General Assembly of the United Nations, demand size of any population determines major deficits of the rule of law. These things are interrelated to the terrorism issues as terrorists always try to reduce the security level of the people by committing heinous activities. Principles of the rule of law as guided by the European Court, do not allow these activities, hence different legislations and actions have taken in previous years. However, the major matter of concern in this current situation reflects on the terrorism in the digital life of people. The lifestyle of the 21st century has changed a lot and people have become more internets oriented. This actually helped terrorist organisations to affect people and Government sectors across the world. Several cyber attacks have been reported and governments are introducing new legislation to mitigate this issue. However, the significance of legal framework is highly effective.
Threat in the digital world and importance of legal framework to mitigate terrorism
This final section provides a general discussion on the modern day terrorism and the importance of a legal framework to restrict this issue by considering the rule of law. Hybrids threats and war are two major faces of the modern day terrorism. Recent terrorist activities are enriched with armed and informational mechanisms that make these powerful than previous. Different activities might be cited in case of digital terrorism. As per the BBC, five negative results have been extracted to understand the impact of digital terrorism in last few years. Cyber warfare can be termed as the first threat as it affected the oil facilities of the Iran. Different critics placed their thoughts in this context, as many of them have warned the respective Government as future attacks might also be taken place. Manipulation of the social networks might be considered as another threat as it is easy to manipulate the behaviour of a particular community. Protests during the Arab Spring might be accounted as an instance of mass manipulation. Terrorists have placed their step further as smart phones are also getting attacked by different hacking tools. For this reason, most of the people chose to buy electronic gadgets from Apple Inc, as it is used to be a safe option for buyers. A survey report in last year illustrates that almost 600000 desktops have been affected due to Trojan Attack. Privacy is also getting breached by such issues in recent times. This in a way reduces the obligations of different acts like The data protection Act 1998 of the UK that states about the protection of highly confidential data to respect the privacy of the people. However, chances are there as Government sites and databases are also vulnerable to this digital attacks. Meanwhile, cybercrime and cyber terrorism might also be cited in case of rails and metros of different countries. In the past one year cybercrime has been cited metros of San Francisco, railways of China and much more. These threats have successfully risen about the question of cyber security as many of countries do not contain any legislation to deliver the cyber security of individuals. This issue points to different activities that might be mitigated only by the help of proper legal framework. The numerous number of cyber attack has done in many countries of this world. Out of them, major cyber attacks by terrorists were Google China in 2009, Heart bleed (2012-2014), PlayStation network (2011), Yahoo (2012-2014).
Operation Aurora, a malware attack on the Google of China has made a massive impact on the economy of this country. Reports have been filed from different companies as lots intellectual properties have been stolen during this attack. Due to this attack, governments of Australia France and Germany directed people to use alternative browser. On another hand, Heartbleed was a bug that became activated by SSL performers. This allowed terrorists to form a gateway to manipulate in different databases. In-depth arguments have been made by critics as many of them declared it as the most heinous cyber attacks of the history. As per a report, almost 17% of the entire websites have affected. Followed by this, 500 million users of Yahoo have reported that their data have been stolen by hackers. This pressurised the company to ask people to change their passwords for more safety. In these recent years, ransomware attack was biggest of all as it paralysed an entire digital system of many countries. These things require a proper legal framework to ensure the safety of people and government. A proper legislative framework helps to respect values and freedoms of individuals, which is one of the prime principles of the rule of law. In case of R. v. Zafar, Butt, Iqbal, Raja and Malik, it is evidenced that defendants were accused to retain articles related to terrorism. Under the section 57 of the Terrorism Act 2010, the UK police arrested Raja and others for possessing CDs that were enriched with jihadist materials. Hereafter, prosecution created a different story and named them as terrorists. Nevertheless, The Court of Appeal asked the prosecution to prove this allegation first by linking these three videos to term them terrorist. From this case it can be said that proper legal framework helps to safeguard innocent people.
One aspect that illustrates the importance of rule of law in mitigating various issues might be identified by focusing on the existing literature available to assess the significance of proper legislation. Criminalisation in the UK might be catered into different sections. It is essential to eliminate different internet based acts that support or trigger any agenda of terrorism. Terrorism act 2000 is available in this country to charge individuals who use internet for different criminal activities. On another hand, section 58 of this act determines by intervening to understand any link between the accused individual that might be associated with terrorism. In case of R. v. K , the effectiveness of section 58 might be cited as it helped to settle down the case in which no further charges were imposed upon him. As stated earlier, legislation and acts vary by focusing on different countries.
In Australia, a Cybercrime Bill has introduced by the former Government in 2001. As per this Cybercrime bill, hacking, propagation of virus and much more can be termed as a significant threat that might hamper to reduce the security level of any computer. This bill also illustrates that almost $ 3 trillion economic loss can be cited in a year by this cyber attacks. Unlike the UK, few provisions have cited in case of this country. The Cybercrime act is not much effective to handle the issues of cyber terrorism. It is cited that no terrorism offense is recorded under the legislation of Australia. In case of R v Sultan Mohammed .Rather, several offenses are recorded under the legislation of Commonwealth legislation. After some rectification in the legislation in this country, it has been evidenced a formation of the ASIO to mitigate such issues related to the cybercrime or cyber terrorism. New Reformation in the Cybercrime act allowed the democratic institutions to make effective decisions to retrieve the stolen data by terrorists or group of hackers. As per the section 3LA of the Crimes Act, 1914 and section 201A of the Customs Act 2001, an individual who has the knowledge to break codes and passwords is liable to help the criminal investigators and failing to do so might impose that individual in prison for six months. In addition, some other legislation or acts have been impoverished by the government of this country as the Spam Act 2003, Crimes legislation amendment 2004 have been fore grounded. These acts helped to develop a new Commonwealth Criminal Code that enhanced the legislative framework for better and safe environment.
However, another angle on this debate suggests that implication of antiterrorist law made a negative impact on the Muslim community of the Australia. The upper division of ASIO issued fourteen warrants regarding Muslim individuals that triggered a religious issue in this country. Different comments have made by Muslim institutions like Islamic Council of New South Wales and The Australian Muslim Civil Rights Advocacy Network. From a detailed discussion on these statements have able to illustrate different issues related to the negative sides of Antiterrorism laws in this country. It might be cited as an apprehension towards the Muslim community and these laws do not contain much information related to the terrorism issues. These issues are having an impact on the civil liberties along with democratic rights of a target population. A different point of view can be discussed in this context that illustrates the positive side of having a proper legal framework to counter terrorism. Terrorism affects the human nature and value to a deeper extent. Therefore, to mitigate the issues of terrorism from society, anti-terrorist legislation need to be employed. However, it is important to treat each community equally to increase the effectiveness of the different legislation. In this way, proper legislation might become able to nullify different issues related to the cyber terrorism.
As a result of this discussion, it can be said that rule of law might be stated as the mother of all laws because of its capability to set guidelines for different laws. During the course of this essay, it has been found that terrorism was a major agenda at the beginning of the century. Meanwhile, differences in approach by terrorists have might be cited in case of modern-day terrorism that generally targets people and legislative bodies of any country. The implications of new technologies along with hacking tools have made the cyber terrorism effective. This statement consequently helped to look back at the basic principles of the rule of law that illustrated the human rights of the people, equality and much more. In that respect, it can be concluded that democratic institutions in different countries like the UK and much more. The equality act 2010 has been applied to the judiciary system in the UK to mitigate any issues related to racism, gender discrimination and much more. Different case examples have taken to understand different aspects of the rule of the law. The effectiveness of this law has been provided by focusing on different democratic institutions like ODIHR, different legislative bodies and much more. From, this perspective it can be said that legislation of the UK, US, and Australia are different that allowed to understand the meanings of rule of law. Based on this current discussion it can be stated that anti-terrorism laws are important to retain the safety of the surroundings. Simultaneously, it is important to apply this legislation by focusing on different aspects. If no considerations are made by the respective government, then a chance of negative perception might emerge. This noticed in case of Australia as Muslim communities are negatively influenced by the present anti-terrorism legislation. By focusing on the digital terrorism it is evidenced that massive destruction happened due to the emergence of cyber terrorism in the world. In order to nullify this issue, democratic institutions need to focus on their defence mechanisms as they need to focus on three stages of prevention, incident management, and consequence management. Therefore, it can be concluded that rule of law plays a crucial role in developing a defence against terrorism. In another hand, a proper legal framework is needed to isolate the modern day hybrid terrorism effectively.
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