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Popular Versus Elite Democracies And Human Rights: Inclusion Makes A Difference, Devin K. Joshi, J. S. Maloy, Timothy M. Peterson
Popular Versus Elite Democracies And Human Rights: Inclusion Makes A Difference, Devin K. Joshi, J. S. Maloy, Timothy M. Peterson
Research Collection School of Social Sciences
Scholarly research generally finds that democratic governments are more likely to respect human rights than other types of regimes. Different human rights practices among long-standing and affluent democracies therefore present a puzzle. Drawing from democratic theory and comparative institutional studies, we argue more inclusive or "popular" democracies should enforce human rights better than more exclusive or "elite" democracies, even in the face of security threats from armed conflict. Instead of relying on the Freedom House or Polity indexes to distinguish levels of democracy, we adopt a more focused approach to measuring structures of inclusion, the Institutional Democracy Index (IDI), which …
According To The Spirit And Not To The Letter: Proportionality And The Singapore Constitution, Jack Tsen-Ta Lee
According To The Spirit And Not To The Letter: Proportionality And The Singapore Constitution, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
When interpreting the fundamental liberties in the Singapore Constitution, courts presently do not engage in a proportionality analysis – that is, a consideration of whether limitations on rights imposed by executive or legislative action bear a rational relation with the object of the action, and, if so, whether the limitations restrict rights as minimally as possible. The main reason for this appears to be the expansive manner in which exceptions to the fundamental liberties are phrased, and the courts’ deferential attitude towards the political branches of government. This paper considers how the rejection of proportionality has affected the rights to …
Google’S China Problem: A Case Study On Trade, Technology And Human Rights Under The Gats, Henry S. Gao
Google’S China Problem: A Case Study On Trade, Technology And Human Rights Under The Gats, Henry S. Gao
Research Collection Yong Pung How School Of Law
Trade and human rights have long had a troubled relationship. The advent of new technologies such as internet further complicates the relationship. This article reviews the relationship between trade, technology and human rights in light of the recent dispute between Google and China from both theoretical and practical perspectives. Starting with an overview of the internet censorship regime in China, the article goes on to assess the legal merits of a WTO challenge in this case. First, the article discusses which service sector or subsectors might be at issue. Second, the article analyzes whether and to what extent China has …