Tag Archives: United States

[In the Web] Credibility vs. legalism

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Supreme Court Spokesman Midas Marquez announced that the High Court voted 8-5 reiterating the temporary restraining order on the Watch List Order of Justice Secretary Leila de Lima issued against former President Gloria Arroyo. Photo from http://ph.news.yahoo.com

Framework

By Efren Sicangco Cruz

It seems to me that this whole Arroyo controversy, for non-lawyers like me, is more an issue of credibility rather than a question of legalism, which means the tendency to observe the letter rather than the spirit of the law.

This reinforces the thesis that all Supreme Courts, in the Philippines or the United States or any other country, are political institutions and justices are influenced by their political beliefs. We should not, therefore, accept their decisions as legally infallible.

In the issue of whether the TRO legally invalidated the hold order and, therefore, GMA should have been allowed to leave, is one clear example of my statement that this is an issue of credibility. I have listened to so-called brilliant lawyers debating both sides of the question.

On one side of the issue is Associate Justice Ma. Lourdes Sereno, who made copies of her nine-page dissent available to the public last Friday. According to her, the TRO issued on Nov. 15 remained ineffective because the Arroyo couple had failed to comply with Condition No. 2 — that the “petitioners shall appoint a legal representative common to both of them who will receive subpoenas, orders, and others legal processes on their behalf during their absence.”

On the other side of the issue is Court Administrator and spokesperson Midas Marquez, who held a press conference last Friday to announce that the Supreme Court had rejected the appeal of the Executive Branch to reconsider the issuance of the TRO and said that the TRO remained in full force and effect.

Justice Sereno said that Court spokesperson Marquez was wrong when he told reporters that the TRO remained in effect. She said: “The Court Administrator cum Acting Chief of the PIO is hereby advised to be careful not to go beyond his role in such offices and that he has no authority to interpret any of our judicial issuances, including the present resolution, a function he never had from the beginning.”

Marquez, on the other hand, refused to budge and said : “As much as we should all respect the dissenting opinion of the good Justice, I announced the majority opinion which prevails and should be complied with.”

My lawyer friends are all feverishly debating the legalisms of these pronouncements. Who am I to believe? There is no doubt in my mind that I simply believe that Associate Justice Sereno has more credibility than Court Administrator Midas Marquez. In a court case when there are two contradicting testimonies, the final judgment is based on credibility. Therefore, I am not proposing anything incredulous or even illegal.

I leave it to my readers to examine the background of each contending person, as they would do in a court of law, and decide who is more credible. I feel comfortable in saying that I believe most of my readers will come to share my conclusion.

It has been the contention that, in order to escape from politicized decisions, citizens must resort to litigation. I share the conclusions of many other political observers that the law, especially constitutional law, is simply politics by other means. Judges decide cases on the basis of the results they favor and then select the legal criteria or precedents to justify and make persuasive the results they have already chosen.

Read full article at http://www.bworldonline.com/content.php?section=Opinion&title=Credibility-vs.-legalism&id=41979

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[Videos] YOU ARE THE JUDGE! ~ The Government VS The Right To Travel! – youtube

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Freedom of movement, mobility rights or the right to travel is a human right concept that the constitutions of numerous states respect. It asserts that a citizen of a state in which that citizen is present has the liberty to travel, reside in, and/or work in any part of the state where one pleases within the limits of respect for the liberty and rights of others,[1] and to leave that state and return at any time. Some immigrants’ rights advocates assert that human beings have a fundamental human right to mobility not only within a state but between states.

- http://en.wikipedia.org/wiki/Freedom_of_movement

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[In the Web] We’re on it, Malacanang on killings

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MALACANANG presidential office on Saturday reassured the United States the Aquino administration is acting to solve extra-legal killings, especially of journalists.

Presidential spokesman Edwin Lacierda stressed this after US Ambassador to the Philippines Harry Thomas Jr. said the US will still withhold a part of assistance to the military over the matter.

Lacierda said on radio this weekend government has been addressing the killings in the country, especially with regard to reporters.

He said President Benigno Aquino III himself would call the attention of Interior Secretary Jesse Robredo and Justice Secretary Leila de Lima when he hears of an extra-legal killing.

Earlier, Thomas said the US Congress will continue to withhold a part of US assistance to the Armed Forces of the Philippines until the government meets conditions on solving and prosecuting cases of unexplained killings.

News reports said Thomas informed human rights advocates in the country about the withholding of such US aid to the Philippines during a roundtable discussion at the US Embassy last Oct. 21.

 

Read full article at http://www.cathnewsphil.com/2011/11/07/were-on-it-malacanang-on-killings/.

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[Book] Legalization of Human Rights

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Of the many concepts employed in law and politics, the concept 
of human rights is the most obvious expression of a moral ideal. 
As such, it is also a view about, at least, the minimal social 
conditions necessary for the existence of a healthy political 
order. Yet, the specification, implementation and interpretation 
of that ideal has, since the Universal Declaration of Human Rights, 
been dominated by international law.


This fact should be striking for three reasons, all of them implied 
in the above description of the ideal. The first is that a moral 
ideal would seem to imply that the specification, definition and 
interpretation of these rights is not a necessarily legal process—
the ideal is not a legal ideal, that is, unless one believes legal 
codification is the only, or principal, way to express these moral 
aims, and that legal interpretation is merely the working out of 
these aims on a case-by-case basis. 


Secondly, the ideal of human rights describes a social order in which 
persons have social guarantees against certain abusive forms of behaviour, 
or types of usage of state power. Law would normally be thought of as 
just one element of such an order, and in fact the efficient operation of 
law itself presupposes many other social practices and guarantees, for 
example, a certain degree of social stability and confidence in the 
legal system. 


Thirdly, there is no obvious reason why all human rights, or all aspects
of human rights, are most appropriately advanced through legal means, 
unless that is one thinks that human rights ideals have an efficient 
and functioning human rights law as their primary aim.


An additional complication for this simple image of a transference of 
human rights aims or ideals into human rights legal aims and practice, 
is the kind of laws that are involved. The legal codification of universal 
human rights has taken place in international law which, by its nature, 
has distinctive features we should be wary of when looking at what it 
codifies and how. The way international law codifies human rights is 
likely to be sensitive to a number of non-neutral influences, such 
as inter-state negotiations, compromise, and the accommodation of 
other goals and values than human rights themselves. 


Furthermore, it is a significant feature of international human rights 
law that, once ratification of international treaties has been achieved, 
the process of implementation is state-driven.


Human rights legalized—defining, interpreting, and implementing an ideal

- Başak Çali and Saladin Meckled-García
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[Book] Elements of a theory of human rights

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Article Abstract:

The conceptual understanding of human rights is benefited by considering the reasoning that moves the activists and the range and effectiveness of practical actions they undertake, including recognition, monitoring and agitation. It is argued that the richness of practice is critically relevant for understanding the concept and reach of human rights.

Author: Sen, Amartya
Publisher: Blackwell Publishers Ltd.
Publication Name: Philosophy & Public Affairs
Subject: Political science
ISSN: 0048-3915
Year: 2004

United States, International Affairs, Human Rights, Evaluation

Read more: http://www.faqs.org/abstracts/Political-science/Objectivity-and-truth-youd-better-believe-it-Elements-of-a-theory-of-human-rights.html#ixzz1aXUy17Gc

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[Video] Malcolm X: We demand our rights – youtube

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“We declare our right on this earth to be a human being, to

be respected as a human being, to be given the rights of a

human being in this society, on this earth, in this day, which

we intend to bring into existence by any means necessary.”

 

                                                                                                                                                                                                                                       - Malcolm X

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[Video] Occupy Youtube 11:11 – youtube

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Brief Note:

Let me make it clear that I am no member of this group called the ’11/11 Movement’ who as I have read believe that the number 11 along with the date 11/11 hold a special significance. I don’t know if they are religious cult or part of the doomsday conspiracy. I hope they are not a messenger of some sort of prophesy about the end of the world. but i would gladly embrace it if they are calling for the end of capitalism and the rise of a new era of humanism…

According to blogger, Hazel Bear, the 11:11 Movement is an invitation to change the way in which we live our lives. Instead of being victims and being manipulated by our corrupt governments, we can choose to empower ourselves to take the annitiative and make the changes we want to see happening ourselves. Through using the internet as our communication centre for this project we can, ideally, reach out to as many willing people as possible.

If this is the real message of the cryptic code, then there is nothing to fear about but our readiness to face ourselves…

Just enjoy watching… because that’s the only reason I re-posted this video.

- Carpe Diem

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[In the Web] ‘Occupy Wall Street’ protests inspire PALEA

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Ground crew workers of Philippine Airlines shout slogans during a rally on the last day of their work on Sept. 30, 2011 in suburban Paranaque, south of Manila, Philippines. Some 2,600 airline workers are expected to loose their job affected by outsourcing plan by PAL management.

 

MANILA, Philippines — Members of the Philippine Airlines Employees Association (PALEA) picketing outside the gates of the Philippine Airlines’ (PAL) In-Flight Center (IFC) are being inspired in their struggle by the spreading Occupy Wall Street protests in the United States as well as the ongoing general strike in Greece.

“Our members are emboldened as they can easily identify themselves with the Wall St. protesters because of the similarities of our issues. Corporate greed and a failed economic model were moving people across the US into taking different forms of direct action,” said PALEA president Gerry Rivera in a statement.

The leaderless Wall St. protests have already spread across the United States and the number of people taking part keeps on growing despite attempts by the police to disperse the crowd. Dozens of trade union groups, including the Transport Workers Union (TWU), have also joined the protest.

“We Filipinos can also make our voices heard by doing similar actions against corporate greed and government neglect,” said Rivera.

Rivera, who is also the vice president of Partido ng Manggagawa (PM), said defenders of the outsourcing or contractualization scheme should see how this economic model failed the Americans, the Greeks, the Spanish, the Irish, and more and more people around the world.

Read full story at http://www.interaksyon.com/article/14604/occupy-wall-street-protests-inspire-palea

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[Video] Asian Decent Work Decade – youtube

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Decent work sums up the aspirations of people in their working lives. It involves opportunities for work that is productive and delivers a fair income, security in the workplace and social protection for families, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity and treatment for all women and men.

 

Productive employment and Decent Work are key elements to achieving a fair globalization and the reduction of poverty. The ILO has developed an agenda for the community of work. Putting the Decent Work Agenda into practice is achieved through four strategic pillars: job creation, rights at work, social protection and social dialogue, with gender equality as a crosscutting objective.

 

- International Labour Organization

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[Video] Dropkick Murphys – Worker’s Song (with lyrics) – youtube

Posted on by dars0357

Working people everywhere have certain basic legal rights to security, health and fair wage.

But many employers violate these basic rights because they value their profits more than their workers.

It is up to every worker to ensure that he or she is being treated fairly, and to look out for abuses in the workplace

that affect the rights of others.

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