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Due Process Argument Analysis

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Due process is one of the basic legal concepts, which ensures a fair treatment and guarantees all the human and civil rights of a person. According to the Fifth and Fourteenth Amendments to the Constitution of the US, a government cannot neglect one’s rights and freedoms unless it is acting in accordance with the rule of law. Nonetheless, despite its virtuous purpose and moral basis, the concept of due process is considered to have a number of limitations and controversies, and Devika Hovell in the article “Due Process in the United Nations” attempts to analyze and estimate three major models of it.
To begin with, the author admits that quite often the power of due process is abused in order to justify those crimes that should have been brought …show more content…

Besides, there are three models of due process, namely the instrumentalist approach, which is based on accuracy, the dignitaries approach, which focuses on the interest representation, and the public interest approach, which is oriented towards public accountability (Hovell, 2016). All those models, even though working for the same purpose, are different in terms of their central values, participants, and legal theories. Therefore, Devika Hovell provides an explicit analysis of each of those frameworks in order to define the most appropriate one in the United Nations context since it would enable the UNO to accelerate the implementation of the justice system …show more content…

In fact, the organization states that “it is crucial that recourse to judicial mechanisms is always available” for all the subjects of a legal process (CTITF Working Group, 2015, p.11). This is a statement that fully corresponds the ombudsperson framework, and the UN declares itself to always follow this principle. Moreover, the organization claims itself to be equally subjective to the international law. “The UN Security Council being a principal organ of the United Nations for the benefit of individuals and “entities” presupposes that the United Nations, as a subject of international law, is bound by respective rules of international law” (Fassbender, 2006, p.6). That is why one should not blame the United Nations for avoiding a fair judgment and a legal responsibility for their

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