HUMAN RIGHTS AND NATIONAL SECURITY: A CRITICAL APPRAISAL OF THE NIGERIAN PERSPECTIVE.
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SUMMARY OF THE IMPACT
Human Right has made significant impact on both national and international law. In the National level, the following impacts are evident.
- The modification of court rules to specifically cover the enforcement of human rights. An example in point is the Fundamental Human Right Enforcement Procedure Rules 1979.
- The formation of Human right organizations and commissions.
- The transition of Government from Military to Civil rule was engineered by Human Rights promotion and protection.
- Human right has influenced the bench of the judiciary by evincing in some judges radical and pragmatic drives in deciding matters between the state and citizens interse.
In the International arena, focus is not restricted on the state as the sole subject of international law as hitherto contended, but individuals are now seen as subject of international law.
Equally, claims of title to territory cannot be made without some consideration to the right of the inhabitants of that territory (self determination).
Human right influence limits the sovereignty of states, since the treatment of an individual by a state is seen as a matter of international concern and not to be left exclusively for national or domestic jurisdiction especially during military and autocratic regimes
SUMMARY OF THE IMPACT
Human Right has made significant impact on both national and international law. In the National level, the following impacts are evident.
- The modification of court rules to specifically cover the enforcement of human rights. An example in point is the Fundamental Human Right Enforcement Procedure Rules 1979.
- The formation of Human right organizations and commissions.
- The transition of Government from Military to Civil rule was engineered by Human Rights promotion and protection.
- Human right has influenced the bench of the judiciary by evincing in some judges radical and pragmatic drives in deciding matters between the state and citizens interse.
In the International arena, focus is not restricted on the state as the sole subject of international law as hitherto contended, but individuals are now seen as subject of international law.
Equally, claims of title to territory cannot be made without some consideration to the right of the inhabitants of that territory (self determination).
Human right influence limits the sovereignty of states, since the treatment of an individual by a state is seen as a matter of international concern and not to be left exclusively for national or domestic jurisdiction especially during military and autocratic regimes
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