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Journal articles on the topic 'Discrimination in justice administration'
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Nguyen, Duc. "The Development of Four Leading Principles of the Convention on the Rights of the Child in Vietnam´s Juvenile Justice." Bergen Journal of Criminal Law & Criminal Justice 4, no. 2 (January 9, 2017): 267. http://dx.doi.org/10.15845/bjclcj.v4i2.1074.
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The paper sheds light on the latest development of four CRC principles in the administration of Vietnam’s juvenile justice after the recent amendment of the Penal Code and Criminal Procedural Code of Vietnam. It also assesses the compatibility of the Vietnamese juvenile justice system compared to international standards elaborated by the CRC Committee. At the same time, certain issues are raised regarding the implementation of such principles in practice. Finally, concluding remarks will be provided together with recommendations on how to develop the juvenile justice system in Vietnam.Keywords: Vietnam’s juvenile justice; Children’s rights; CRC leading principles; juvenile offenders; the rights of the child; non-discrimination; best interests of the child; children’s right to life; survival and development; children’s right to be heard.
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Hakeem, Ijaiya Olasunkanmi. "Law as a Means of Serving Justice in Nigeria." Pandecta: Research Law Journal 13, no. 1 (August 2, 2018): 1–9. http://dx.doi.org/10.15294/pandecta.v13i1.14262.
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Right from the ancient times, the relationship between law and justice constantly appears to be one of the most stimulating as well as penetrating controversial ideas. The paper will discuss the fundamental concept of law and justice by assessing the ideas of a few justice thinkers, some key theories of law and justice, and some cardinal indicators of law and justice with a practical example from Nigeria. The study adopted qualitative research which comprises doctrinal and non-doctrinal methods. The research draws information from primary and secondary sources. The information obtained was subjected to content analysis. The paper found that justice is an inherent component of the law and not separate or distinct from it. The paper also found that the idea of justice has been trapped by political ideologies, religions, cultural intolerance, poverty, deprivation, gender discrimination, violation of human rights and inequality in Nigeria. In quintessence, the paper concludes that law is justice. The paper recommends that the courts should lean on the side of justice in any case of conflict between law and justice for effective administration of justice.
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Marochkin, Sergei Iu. "Do Discrimination and Inequality Exist in the Russian Legal System? International Law, National Legislation and Judicial Practice." Review of Central and East European Law 34, no. 3 (2009): 211–38. http://dx.doi.org/10.1163/157303509x406322.
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AbstractIn this article, the author discusses the problem of ensuring equality and non-discrimination in a legal system. Equality and non-discrimination constitute universally recognized standards in the protection of human rights. At the same time, one can hardly assert that the universal community has put an end to discrimination. The author considers the problem as applied to the Russian legal system. The standard is incorporated in the Russian Constitution still remains topical in Russia. Based on his analysis of legislation and judicial practice, the author concludes that the problem reveals itself on the levels of both law-making and law application, the latter including administration of justice. As one of the conclusion, the author raises a question: is legal discrimination inherent in a legal system like other negative phenomena, such as delinquency, incoherencies, lacunas, defects, conflicts of legal norms and breaches of law-making procedural rules?
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FOGG-DAVIS, HAWLEY. "Understanding Affirmative Action: Politics, Discrimination, and the Search for Justice ? by J. Edward Kellough." Governance 20, no. 3 (July 2007): 545–47. http://dx.doi.org/10.1111/j.1468-0491.2007.00370_1.x.
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Fx Hastowo Broto Laksito. "Policy discrimination against the minority group of flows of believers citizens in Indonesia: an administrative justice perspective." Journal of Law, Environmental and Justice 1, no. 1 (November 27, 2023): 36–49. http://dx.doi.org/10.62264/jlej.v1i1.5.
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This study examines discrimination against aliran kepercayaan adherents in Indonesia, despite the Constitutional Court Decision Number 97/PUU-XIV/2016 recognizing their existence. This study found that human rights are inherent in humans and essential to life. Constitutional Court considerations include religious rights, particularly the right to believe in God Almighty, and affirmation that the rights are constitutional rights of citizens, not state gifts. The Constitutional Court also considered the definition of'religion' and 'belief' In conclusion, the Constitutional Court carefully and gradually applied Indonesian cultural values to the issue. The Constitutional Court believes the state should respect, preserve, and fulfill religious rights including the right to believe. The Constitutional Court Decision No. 97/PUU-XIV/2016 states that adherents of the faith have constitutional rights to embrace their beliefs and allows their status to be included in population administration documents, such as the electronic identity card. However, administrative service practices in Indonesia seem to still not be well implemented, which harms a sense of justice, especially administrative justice, which requires openness, confidentiality, transparency, justice, efficiency, accountability, consistency, participation, rationality, equality, and equal treatment.
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Jamal, Jasri. "Administration of the Islamic Judicial System: An Overview." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 22, no. 3 (February 22, 2012): 409. http://dx.doi.org/10.22146/jmh.16233.
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Justice in Islam is all-embracing, free from restriction, and universal. Islam governs private and public life, denies deviation from justice, non-discriminative, and holds that all humans are equal before the law and are accountable for their deeds. It is universal because it is applicable to all who accepts its authority. Islam memandang keadilan sebagai sistem yang utuh, bebas dari pembatasan, dan universal. Islam mengatur kehidupan pribadi dan umum, mengajarkan untuk tidak menyimpang dari keadilan, tidak diskriminatif, dan memandang manusia sama di hadapan hukum serta bertanggungjawab atas perbuatannya. Keadilan dalam Islam universal karena berlaku bagi semua manusia yang menundukkan diri padanya.
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Gupta, Vanita. "Keynote Remarks." Michigan Journal of Race & Law, no. 21.2 (2016): 187. http://dx.doi.org/10.36643/mjrl.21.2.keynote.
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In communities across America today, from Ferguson, Missouri, to Flint, Michigan, too many people—especially young people and people of color—live trapped by the weight of poverty and injustice. They suffer the disparate impact of policies driven by, at best, benign neglect, and at worst, deliberate indifference. And they see how discrimination stacks the deck against them. So today, as we discuss the inequality that pervades our criminal justice system—a defining civil rights challenge of the 21st century—we must also acknowledge the broader inequalities we face in other segments of society. Because discrimination in so many areas—from the classroom, to the workforce, to the marketplace—perpetuates the inequality we see in our justice system. And for those already living paycheck-to-paycheck, a single incident—whether an arrest by the police or a fine by the court—can set off a downward spiral. It can lead to a cycle of profound problems that ruin lives and tear apart families. Problems like losing your health care, your job, your children, or your home. As someone who focuses on civil rights work and criminal justice reform, I see these problems every day. But today in America, I also see a country on the cusp of change. Across a wide range of political perspectives, policymakers and advocates have come together to bridge divides and support meaningful criminal justice reform. And I’m proud to say that this administration—and this Department of Justice—has made criminal justice reform a top priority. We believe that our country needs, and deserves, a criminal justice system that more effectively protects our communities, more fairly treats our people, and more prudently spends our resources. And we believe that no matter how deeply rooted and long-standing the injustices that underlie inequality in our criminal justice system—with clear thinking, hard work and collaboration—we can make real progress.
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Morello-Frosch, Rachel A. "Discrimination and the Political Economy of Environmental Inequality." Environment and Planning C: Government and Policy 20, no. 4 (August 2002): 477–96. http://dx.doi.org/10.1068/c03r.
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Over the last decade there has been a surge in academic and scientific inquiry into disparities in environmental hazards among diverse communities. Much of the evidence points to a general pattern of disproportionate exposures to toxics among communities of color and the poor, with racial differences often persisting across economic strata. Although results have implications for the politics of environmental decisionmaking, most of these analyses are limited to illustrating how inequities in exposures and health risks are spread across the landscape, while shedding little light on their origins or the reasons for their persistence. Previous attempts to theorize the causes of environmental inequality have focused on procedural justice in the regulatory arena, emphasizing civil rights jurisprudence and social theories on individual and institutional discrimination. Although these approaches offer insights into the epistemology of environmental inequality, they fail adequately to account for the political economy of discrimination relating to industrial location behavior and racialized labor markets. By integrating relevant social and legal theories with a spatialized economic critique, this paper formulates a more supple theory of environmental discrimination. How the political economy of place shapes distributions of people and pollution and ultimately gives rise to environmental inequality are revealed by exploring the following factors: historical patterns of industrial development and racialized labor markets; suburbanization and segregation; and economic restructuring. This multidisciplinary approach to theorizing the dynamic of environmental discrimination provides a new framework for future policymaking and community organizing to address environmental and economic justice. Implications of this broader framework for policy and politics are discussed in the conclusion.
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Killen, Melanie, and Adam Rutland. "Promoting Fair and Just School Environments: Developing Inclusive Youth." Policy Insights from the Behavioral and Brain Sciences 9, no. 1 (February 23, 2022): 81–89. http://dx.doi.org/10.1177/23727322211073795.
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Incidents of prejudice and discrimination in K–12 schools have increased over the past decade around the world, including the United States. In 2018, more than two-thirds of the 2,776 U.S. educators surveyed reported witnessing a hate or bias incident in their school. Children and adolescents who experience prejudice, social exclusion, and discrimination are subject to compromised well-being and low academic achievement. Few educators feel prepared to incorporate this topic into the education curriculum. Given the long-term harm related to experiencing social exclusion and discrimination, school districts need to create positive school environments and directly address prejudice and bias. Several factors are currently undermining progress in this area. First, national debates in the United States and other countries have politicized the topic of creating fair and just school environments. Second, the COVID-19 pandemic has interrupted children's and adolescents’ education by halting academic progress which has particularly negatively affected students from marginalized and ethnic/racial minority backgrounds. Third, teachers have experienced significant stress during COVID-19 with an increase in anxiety around virtual instruction and communication with parents. Three strategies recommended to address these converging problems include creating inclusive and nondiscriminatory policies for schools, promoting opportunities for intergroup contact and mutual respect, and implementing evidence-based, developmentally appropriate education programs. It is anticipated that these strategies will help to reduce prejudice, increase ethnic and racial identity (ERI), and promote equity, fairness, and justice in school environments.
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Mirhamad, Farman, and Baqer Shamsulddin. "The Principles of Justice in the Quranic Perspectives and Administrative Laws." Islamic Sciences Journal 14, no. 4 (April 11, 2023): 319–48. http://dx.doi.org/10.25130/jis.23.14.4.1.13.
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The research begins with the definition of Justice principle, which is about giving everyone’s rights and placing everything in its rightful position, appreciating each matter according what it is worth, and refrain from injustice, discrimination, and racism in managing affairs.
In the first chapter, the research deals with the meaning of Justice in The Holly Quran, with mentioning its types, and followed by explaining the difference between justice and equity in Islamic law(Sharia) and laws.
Then, in the second chapter, the research defines the implications of the principle of justice in administration and mentions practical instances in the Holy Quran as well as the Sunnah of the Prophet concerning this matter, as indicated that the Holy Quran commanded justice even with enemies, and thus it surpasses all human laws and systems in spreading justice and applying it in human society.
In the third chapter, this paper further describes the constitutional and legal foundation of the principle of justice, where it encompasses the insistence of the Iraqi legislations concerning the embodiment of the constitutional laws, and its general principles of justice that the state follows. It also emphasized the principle of justice before the law, and this emphasis occurs in many constitutional provisions and clauses as well as laws in different forms.
What is related to the conclusion, the reasercher presented the most important findings concluded by the research.
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Landsberg, Brian K. "The Federal Government and the Promise of Brown." Teachers College Record: The Voice of Scholarship in Education 96, no. 4 (June 1995): 627–36. http://dx.doi.org/10.1177/016146819509600408.
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The U.S. Department of Justice has played an important role in the development and enforcement of school desegregation law, by participating in Brown and later cases. From the Truman administration to the present, the thrust of government policy has been to promote unity and vindicate the unmet promise of the equal protection clause. The ambiguity of the Supreme Court's decision in Brown has allowed considerable flexibility in defining and remedying discrimination. Whether Brown failed or succeeded depends on which possible meaning of Brown one accepts. The department now should protect the gains under Brown from retrogressive attacks and should oppose resegregation.
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Sharp, Steven. "Discussion of Black Language Within the Context of Bilingual Pedagogy." Journal of School Administration Research and Development 9, no. 1 (April 18, 2024): 31–38. http://dx.doi.org/10.32674/jsard.v9i1.4824.
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The author examines some of the critical issues raised by Baker-Bell (2020a) about language education in the United States. The challenges associated with linguistic justice are related to a history of linguistic discrimination in the United States, which many sources have documented and affected many different linguistic backgrounds and peoples. This research inspired her to develop an antiracist Black language pedagogy that assists students in understanding their position in white linguistic hegemony. The author evaluates some of the ideas of Black language pedagogy, explicitly focusing on the requirements of administrators in K-12 education. Additionally, the author contrasts Baker-Bell’s ideas to translanguaging and how heteroglossic pedagogies are used to develop bilingual and bicultural students similar to the concepts of García (2009). The author then discusses how the ideas of heteroglossic language pedagogies, Black language pedagogy, and translanguaging could inform each other.
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McLaughlin, Eithne, and Marina Monteith. "Ten best practices, eight social rights: creating social justice for children and families standards and benchmarks for Social Justice Community Action Plans (SJCAPs)." Benefits: A Journal of Poverty and Social Justice 14, no. 2 (June 2006): 115–37. http://dx.doi.org/10.51952/quve2935.
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This article uses a number of the outcomes of the United Nations Decade for the Elimination of Poverty (1997-2006) to make the case for the development of Social Justice Community Action Plans by national and subnational public authorities. SJCAPs would encompass the promotion of equality and equity, the reduction of poverty, the reduction of non-economic inequalities, the eradication of discrimination in all its forms and the enjoyment of all fundamental human rights and freedoms by all citizens. The article provides 10 practices or benchmarks with which to guide and/or evaluate such planning processes and the content of plans that may be developed. The article sets out the UN Office of the High Commissioner for Human Rights draft guidelines on what constitutes poverty and the eight core social rights which governments should be obligated to ensure are enjoyed by all citizens. The article is intended to contribute constructively to the growing internationalisation of social policy analysis and practice in the UK. Together with the United Nations Convention on the Rights of the Child this has the potential to make a base of social justice for the fifth of children in the UK who have been and are being raised in poverty. Government child poverty targets for 2005 have not been met. The UK’s track record on child poverty and the implications of child poverty remains poor and is inconsistent with the rhetoric of equality of opportunity promoted by New Labour.
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Farrelly, Colin. "How should we theorize about justice in the genomic era?" Politics and the Life Sciences 40, no. 1 (2021): 106–25. http://dx.doi.org/10.1017/pls.2021.3.
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AbstractThe sequencing of the human genome and advances in gene therapy and genomic editing, coupled with embryo selection techniques and a potential gerontological intervention, are some examples of the rapid technological advances of the “genetic revolution.” This article addresses the methodological issue of how we should theorize about justice in the genomic era. Invoking the methodology of non-ideal theory, I argue that theorizing about justice in the genomic era entails theorizing about (1) the new inequalities that the genetic revolution could exacerbate (e.g., genetic discrimination, disability-related injustices, and gender inequality), and (2) those inequalities that the genetic revolution could help us mitigate (e.g., the risks of disease in early and late life). By doing so, normative theorists can ensure that we develop an account of justice that takes seriously not only individual rights, equality of opportunity, the cultural and sociopolitical aspects of disability, and equality between the sexes, but also the potential health benefits (to both individuals and populations) of attending to the evolutionary causes of morbidity and disability.
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Whitting, Gill. "John Edwards, Positive Discrimination: Social Justice in Social Policy, Tavistock, London, 1986. 243 pp. £8.50." Journal of Social Policy 16, no. 4 (October 1987): 586–88. http://dx.doi.org/10.1017/s0047279400016251.
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Korže, Branko, and Ivana Tucak. "Justification of the Citizens’ Right of Access to Public Passenger Transport Services by the Human Rights to Mobility and Equality Before the Law." Lex localis - Journal of Local Self-Government 19, no. 1 (January 27, 2021): 149174. http://dx.doi.org/10.4335/19.1.149-174(2021).
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As opposed to authors who strive to justify the right of access to public passenger transport services of citizens predominantly on the principles of justice deriving from social ethics, the authors of this article justify the right of such access on the human rights to mobility and equality before the law, as the rights based on international legal acts, whereas the principles of fairness are used to upgrade the human right to equality and prohibition of discrimination. Based on the rights to mobility and equality before the law, the authors justify an obligation of democratic states to introduce a law to provide for people an adequate access to public passenger transport services at the interurban and urban level. The theoretical findings established herein will serve as a basis to evaluate legal regulations in the selected states (the Republic of Slovenia and the Republic of Croatia), and create proposals to change the same.
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Kandeel, Moustafa Elmetwaly, Ibrahim Suleiman Alqatawneh, Ahmad Fekry Moussa, and Zeyad Mohammad Jaffal. "Judicial governance and its role in achieving justice effectiveness." Journal of Governance and Regulation 12, no. 3 (2023): 139–46. http://dx.doi.org/10.22495/jgrv12i3art15.
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Using the analytical method, the purpose of this paper is to emphasize some constitutional and legal principles, whose application and implementation will lead to UAE judiciary governance. Six major principles can be summarized as a result of these principles (Khalil, 2022). A few of these principles serve as a foundation for the UAE judicial governance; others serve as a guarantee for judicial governance. Further, the principles of openness of the judiciary, a confrontation between litigants, and appeals against court rulings ensure judicial governance (Alsubaie, 2022). At the end of this paper, a number of results shall be confirmed. The UAE judiciary will definitely preserve the right to litigation as a result of its governance. Additionally, all citizens and residents shall have the right to initiate legal proceedings without discrimination, provided that the following rights are satisfied: the right to legal counsel, the right to confrontation between litigants, and the right to appeal against court rulings.
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ALMQVIST, JESSICA. "A Human Rights Appraisal of the Limits to Judicial Independence for International Criminal Justice." Leiden Journal of International Law 28, no. 1 (January 27, 2015): 91–112. http://dx.doi.org/10.1017/s0922156514000557.
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AbstractThe UN Security Council's involvement in the area of international criminal justice raises concerns about judicial independence. Of primary concern in this study is the degree to which this political organ has come to determine and restrict jurisdiction of international criminal tribunals, with the effect of excluding cases involving alleged grave crimes by actors whose presence in situations of which the Council is seized is supported by its permanent members. This control, it will be argued, undermines the basic conditions for a sound administration of justice, as it impedes these tribunals from selecting the cases that may come before them in accordance with respect for human rights and the rule of law. More specifically, restrictions imposed by political organs, leading to unjustified unequal treatment before the law and the courts of perpetrators and victims of grave crime in a given situation, are contrary to principles of equality and non-discrimination. A theory of international judicial independence should therefore extend to a consideration of the legality of such restrictions and acknowledge it as an essential requirement of independence.
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Victoria, Ong Argo, M. Aji Luhur Pambudi, and Ratna K. Dewi. "THE RECONSTRUCTION OF INDONESIAN SHIPPING LAW IN THE SEA TRANSPORTATION SYSTEM FOR A SUCCESSFUL SEA TOLL PROGRAM AND IMPROVEMENT OF SHIPPING ADMINISTRATION." International Journal of Law Reconstruction 6, no. 2 (September 11, 2022): 156. http://dx.doi.org/10.26532/ijlr.v6i2.23837.
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Indonesia uses Pancasila Democracy as the main foundation as well as a source of law in the nation and state (staatfundamentalnorm). One of the sounds of the 5th principle of Pancasila is, "Social Justice for All Indonesian People" which means fair to fellow human beings, fair to oneself and fair to God (Pancasila Justice Value). The purpose of this justice in particular must cover the growing system of exploitation of authority and ambiguity in the shipping world from the strong to the weak and must also narrow the socio-economic gap in the lives of seafarers, so that prosperity is achieved that reflects that Indonesia deserves to be called a World Maritime Axis Country as in history. Srivijaya & Majapahit. However, the fair principle has not been fully enforced and there is discrimination, especially the application of several articles in Act No. 17 of 2008 concerning Shipping. This research is a qualitative research with constructivism paradigm and sociological juridical approach. The formulation of the problem in this thesis are; 1) Why is Act No.17 of 2008 concerning Shipping in the Indonesian Sea Transportation System Not Fairly Pancasila?, 2) What are the Weaknesses of Act No.17 of 2008 concerning Shipping that Affects the Suboptimal Sea Transportation System in the Success of the Toll Program Sea and Shipping Administration in Indonesia?, and 3) How to Reconstruct Act No. 17 of 2008 concerning Shipping in the Sea Transportation System for the Success of the Sea Toll Program and Improvement of Indonesian Shipping Administration based on Pancasila Justice Value? The purpose of writing this thesis is to reconstruct several articles in Act No. 17 of 2008 concerning Shipping which contain weaknesses in the Sea Transportation System for the Success of the Sea Toll Program and the Improvement of Indonesian Shipping Administration Based on Pancasila Justice Value. The results of this research are that there are several reconstructions of articles, namely Article 28 paragraph (6) in terms of granting ship operating permits held by the Directorate General, Syahbandar and specifically ASDP by the Land Transportation Management Center (BPTD), Article 59 is reconstructed with the addition of revocation of one's authority to become a crew member in the event of a serious criminal offense. Article 61, paragraph (3) is reconstructed with the addition of ship requirements and specifications. Article 151 (1) is reconstructed with the addition of a paragraph that regulates the affirmation of the welfare of seafarers and Article 169 (1) is reconstructed by giving criminal sanctions not only administrative sanctions. It is hoped that with this reconstruction the Sea Transportation system in the Sea Toll Program will be able to improve the Shipping Administration System in Pancasila Justice Value.
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Othman, Amani, and William W. Darrow. "The Wall, the Ban, and the Objectification of Women." International Journal of Social Quality 9, no. 2 (December 1, 2019): 1–18. http://dx.doi.org/10.3167/ijsq.2019.090202.
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Discrimination against women and other vulnerable groups prevailed throughout the twentieth century; it persists today. This historical case study analyzes the life and times of “Typhoid Mary,” an unmarried, Irish Catholic, immigrant woman who was persecuted as an intransigent carrier of a deadly infectious disease. Being a Mexican immigrant, Muslim, or unattractive woman could condemn someone for similar mistreatment today. The failure to overcome prejudice impedes the effectiveness of public health to protect infected patients and susceptible persons from harm and to interrupt disease transmission in communities; it jeopardizes the realization of social quality. Social justice, solidarity, equal valuation, and human dignity will be achieved through resistance to the human rights violations of the Trump administration and the resilience of strong women like Mary Mallon.
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Rautenbach, Christa. "Moseneke v The Master 2001 2 Sa 18 (Cc): Racial discrimination laws and the interests of Justice." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 6, no. 2 (July 10, 2017): 134. http://dx.doi.org/10.17159/1727-3781/2003/v6i2a2871.
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In 2002 the faculty of law of the Potchefstroom University for Christian Higher Education in collaboration with the Konrad-Adenauer-Stifttung embarked on a study on Politics, Socio-Economic Issues and Culture in Constitutional Adjudication. The project is aimed at analysing the influence of the Bill of Rights1 in order to develop practical guidelines for South African courts confronted with issues of a political, socio-economic and cultural nature. It is against this background that Moseneke v The Master2 will be analysed.3 In this paper a general introduction of the facts of the case will be given. Thereafter the principles applied by die court in evaluating racial discrimination laws and the interests of justice will be highlighted. The case deals with certain provisions of the Black Administration Act,4 which applies to Africans living under a system of customary law, and emphasis will be on the development of practical guidelines for South African courts confronted with issues of a political, socio-economic and cultural nature. Finally, the relevant changes proposed by the minister as a result of the decision reached in the Moseneke case will briefly be referred to.
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Owusu-Bempah, Akwasi, and Paul Millar. "Research Note: Revisiting the Collection of “Justice Statistics by Race” in Canada." Canadian journal of law and society 25, no. 1 (April 2010): 97–104. http://dx.doi.org/10.1017/s0829320100010231.
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The debate over the collection of justice statistics by race continues to hinge on the same key issues that were central to the debate when it arose in the early 1990s. There has been one major change, however: whereas racial minority groups were once vehemently opposed to the collection of justice statistics by race, for fear that such statistics would be used to justify discriminatory policies, many minority groups are now advocating for the collection and publication of this data as a means to redress racial discrimination in the administration of justice. Having discussed the lack of available data on racial and ethnic statistics in the Canadian justice system, the authors sought support from the Canadian Law and Society Association (CLSA). At the 2009 annual general meeting of the CLSA, a motion for the association to take an official position in support of the collection of justice statistics by race was put forth by the authors and accepted by the association. At this time it was also decided that a committee would be established to conduct relevant research and to lobby for the collection of pertinent data. At present we are asking interested individuals or organizations who fall into one or more of the following categories to contact the first author:(1) Those with arguments relating to the collection of justice statistics by race that have not been articulated in the debate that has taken place over the past two decades.(2) Those with information pertaining to the collection of justice statistics by race that is not readily available or that has not been documented in the academic work referenced herein.(3) Those who are interested in participating in the work of the committee outlined at the end of this paper.
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Gohr, Michelle, and Vitalina A. Nova. "Student trauma experiences, library instruction and existence under the 45th." Reference Services Review 48, no. 1 (January 8, 2020): 183–99. http://dx.doi.org/10.1108/rsr-09-2019-0062.
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Purpose By historicizing the broader system of education contextualized under the 45th presidential administration, this paper aims to provide a nuanced discussion regarding the condition of information literacy and librarianship as capitalist institutions in service to the state. In response, tools to oppose systemic racism and minimize harm in the classroom as well as recommendations for change and resistance are addressed. Design/methodology/approach The paper focuses on historical analysis of libraries as institutions within larger educational systems and draws heavily on critical theories as a method of critique. Findings This paper demonstrates that the 45th presidential administration is a logical progression of neoliberalism and institutionalized discrimination, which has had adverse effects on the health and safety of (primarily marginalized) students, library workers and library practice, but that critical reflection and information seeking on part of librarians may provide solutions. Practical implications This paper can be used as a guide for librarians seeking to contextualize the educational environment and apply a critical praxis to information literacy programs. Social implications The reflection presented in this paper can aid in expanding awareness in LIS surrounding issues of equity and justice, and impart urgency and need for institutional change. Originality/value Given the lack of diversity in library and information science, this paper provides critical interventions for information literacy practice. The authors’ unique practical and theoretical backgrounds allow for nuanced discussion and pedagogical creation which directly impacts and addresses key issues of justice and equity in the classroom.
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Sugiharto, Hari, and Bagus Oktafian Abrianto. "PERLINDUNGAN HUKUM NON YUDISIAL TERHADAP PERBUATAN HUKUM PUBLIK OLEH PEMERINTAH." Yuridika 33, no. 1 (February 8, 2018): 41. http://dx.doi.org/10.20473/ydk.v33i1.7280.
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The enactment of Law Number 30 of 2014 on Government Administration had given the changes to the authority of the State Administrative Court. There are two mechanism of the case investigation in the State Administrative Court in providing legal protection against a lawsuit or petition filed by the public. The first mechanism is to file a lawsuit directly to the State Administrative Court. The second mechanism is to resolve internal disputes within the government before filing a lawsuit to the Administrative Courts. There are two mechanisms of the case investigation prove that the existence of discrimination for people who seek justice in the case investigation system in the State Administrative Court. This research focus on an issues first the nature of public legal action by the government in government administration and second Ratio legis non-judicial legal protection against public legal acts by the government. The results which have to be achieved are to provide the prescription of essential truth. There are several problems approach used in this study, such as statute approach, conceptual approach, and case approach.
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Reddy, P. S., and R. B. G. Choudree. "Public Service Transformation and Affirmative Action Perspectives in South Africa." Public Personnel Management 25, no. 1 (March 1996): 25–39. http://dx.doi.org/10.1177/009102609602500103.
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Affirmative action is on the agenda in South Africa. It is generally accepted that the new constitution will include a bill of rights which will contain a clause ensuring equality of all persons. It is this clause which will outlaw discrimination and which will sanction affirmative action. However, it is probably that the bill of rights will have to be supplemented by legislation on discrimination, affirmative action and employment equity, which will determine, for example whether and how the Public Service (and the private sector) are compelled or permitted to implement affirmative action. While approaches and strategies to affirmative action vary considerably, there is general acceptance that it may be an effective mechanism of ensuring social justice in the public service. It can play a pivotal role in equalizing and democratizing public instirutions in South Africa.
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Kurer, Oskar. "Corruption: An Alternative Approach to its Definition and Measurement." Political Studies 53, no. 1 (March 2005): 222–39. http://dx.doi.org/10.1111/j.1467-9248.2005.00525.x.
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Discussion of the definition of corruption has progressed little since Heidenheimer's groundbreaking distinction between definitions centred on public opinion, public office and public interest. All these definitions have been severely criticised. I suggest that underneath these traditional concepts of corruption lurks a much older one based on distributive justice – namely the ‘impartiality principle’, whereby a state ought to treat equally those who deserve equally. This principle provides a much more plausible reason for why the public condemns corruption than alternative approaches, and, moreover, it is recognised fairly universally: the implicit distinction between ‘public’ and ‘private’ is certainly neither as ‘modern’ nor as ‘Western’ as many have claimed. The universality of the principle of impartiality does not imply universality of its content: who deserves equally, or, alternatively, on which grounds discrimination is ruled out, will be answered differently at different periods in time and will vary from society to society. The impartiality principle provides a starting point for the discussion of both corruption in ‘traditional’ societies and contemporary political corruption – corruption involving violations of specific non-discrimination norms governing the access to the political process and the allocation of rights and resources. The impartiality principle calls for rule-bound administration and thus underpins the public office definition of corruption. A central element of the analysis of corruption is the study of specific non-discrimination norms and their comparison across time and place. This approach leads to a significant enrichment of the concept of corruption.
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Arifin, Ridwan. "Justice and Equality: The Endless Question." Lex Scientia Law Review 6, no. 2 (December 20, 2022): i—vi. http://dx.doi.org/10.15294/lesrev.v6i2.63799.
Full textAbstract:
The discourse on justice and equality is not only a concern for Indonesia but also for the global context. Justice and equality are understood in various contexts, both in relation to where justice and equality are applied, when and to whom. But basically, justice and equality have the same goal, which is to ensure that everyone feels safe and gets the same treatment without discriminating against anything.
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Martin, David C., Kathryn M. Bartol, and Patrick E. Kehoe. "The Legal Ramifications of Performance Appraisal: The Growing Significance." Public Personnel Management 29, no. 3 (September 2000): 379–406. http://dx.doi.org/10.1177/009102600002900307.
Full textAbstract:
The recent turmoil in the business environment brought on by the numerous mergers, acquisitions, reorganizations, downsizings, and spinoffs has provided impetus to the growing number of cases involving discrimination litigation. Performance appraisal is frequently a part of this litigation, most notably included in cases addressing layoffs, promotions, discharge, merit pay, or a combination of these actions. The critical human resource decisions affecting these actions are normally judgments regarding the performance of the employee. Evaluations of that performance should be based on the results of performance appraisal processes that incorporated concerns for organizational justice and fairness.
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Frinaldi, Aldri, and Muhamad Ali Embi. "Pengaruh Budaya Kerja Etnik Terhadap Budaya Kerja Keadilan dan Keterbukaan Pns dalam Membangun Masyarakat Madani dan Demokrasi (Studi pada Pemerintah Kabupaten Pasaman Barat)." Humanus 10, no. 1 (July 30, 2012): 52. http://dx.doi.org/10.24036/jh.v10i1.486.
Full textAbstract:
Justice and openness are among the values of working culture needed to support the development of civil society and democracy. Justice means that the works done by civil servants should be free from discrimination in any aspects, while openness means everyone who deals with the government offices should get transparent informations about things they deal with. This research aims to analyse the effects of the ethnical working culture to justice and openness in working culture of the civil servants in the Pasaman Barat Administrations. The research finds that ethnical culture tend to influence the civil servants in working justly and openly. To solve the problem, civil servants’ working culture in the government offices needs to change, which can be done by integrating the working culture set by the government with the positive ethnical culture and religious teachings in order to build democratic civil society. Kata kunci : budaya kerja etnik, Pegawai Negeri Sipil, masyarakat madani, demokrasi
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Nazira, Hijraton, Ikhsan Ikhsan, Nodi Marefanda, and Vellayati Hajad. "EFFECTIVENESS OF PUBLIC SERVICES AT THE POPULATION AND CIVIL REGISTRASION OFFICE OF WEST ACEH REGENCY." dia 19, no. 2 (December 1, 2021): 411–20. http://dx.doi.org/10.30996/dia.v19i2.5505.
Full textAbstract:
The aim of this paper is to assess the effectiveness of the public service provided to the community by the Department of Population and Civil Registry of West Aceh Regency. Department of Population and Civil Registry of West Aceh Regency is one of the elements of the implementation of the Local Government based on the Qanun above which is a regional technical institution that performs duties and functions of a corresponding authority which has already been established, namely by helping the Regent to carry out certain tasks in the field of administration. The qualitative method used in this research is the case study approach. The findings of this study are that the Western Aceh Disdukcapil government apparatus has been able to provide services to people in need of their services. This can be seen from the level of achievement of good results from the services provided to the community, which has saved time in the service delivery process and saved the cost of managing the community, Responding to needs and satisfaction, providing fair services without discrimination or discrimination on the basis of the principle of justice, maintaining good responsiveness to the community and providing services and completing services on time as promised by Disdukcapil officers.
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Court, Timinepere Ogele. "Demographic Characteristics and Job Satisfaction: The Mediation Role of Organisational Justice Perceptions in Public and Private Sector Health Organisations in Nigeria." Health Economics and Management Review 3, no. 4 (2022): 1–14. http://dx.doi.org/10.21272/hem.2022.4-01.
Full textAbstract:
The health sector is of critical importance to the wellbeing of the labour force, dependent demographic structure and life expectancy for economic development. Effective and efficient health care delivery is of a prime focus among stakeholders in the health sector in Nigeria. The current status of the health sector is fraught with industrial unrest and picketing following the failure of the government to meet the expectation of workers. Employee work-related attitude of job satisfaction, distributive, procedural and interactional justice perceptions of health workers in part play a key role to attaining quality health care. However, a large number of factors are responsible for job satisfaction of health professionals. In this paper, the nexus between demographics and job satisfaction is examined as well as the mediating role of organisational justice perceptions of workers in public and private healthcare institutions in Nigeria. Demographics of age, gender, education, job experience were considered with respect to overall job satisfaction and organisational justice. The study is grounded in the equity theoretical foundation of Adams in 1965. An analytical descriptive survey design was adopted in this study. A sample of 300 employees from private (150 workers) and public (150 workers) health care institutions were selected for the study through the use of a stratified random sampling procedure. The data were collected from self-report of workers via the administration of a structured questionnaire to employees. The numeric scores were determined from the summated scales of job satisfaction and organisational justice. The data were analysed with multivariate regression and structural equation modelling. From the analysed data, the study found that gender and job tenure were significant predictors of distributive justice, procedural justice and extrinsic job satisfaction while organisational justice had a significant effect on job satisfaction. In terms of the indirect effects, organisational justice mediated the relationships between gender, job tenure and overall job satisfaction. Consistent with the findings of the study, all health professionals should be treated on the basis of fairness without discrimination irrespective of status and professional dichotomy. Accordingly, the study recommended that the health care workforce who play managerial roles should ensure fairness and consider job tenure and gender in the formulation of policy frameworks for the overall job satisfaction of employees.
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Madden, Margaret E. "2004 Division 35 Presidential Address: Gender and Leadership in Higher Education." Psychology of Women Quarterly 29, no. 1 (March 2005): 3–14. http://dx.doi.org/10.1111/j.1471-6402.2005.00162.x.
Full textAbstract:
Literature on gender, higher education administration, and leadership is reviewed using the framework of five principles derived from feminist psychology ( Worell & Johnson, 1997 ): (a) sociocultural context influences leadership situations, (b) power dynamics impact sociocultural structures, (c) people are active agents of coping and environmental change, (d) multiple perspectives are useful, and (e) collaboration is an important technique for changing organizations. Within this framework are discussions of the effects of historical context, gender discrimination and stereotyping, hierarchical organization, masculinized context, the interconnection between gender and status, and leadership as empowerment. Examples of administrative strategies that may promote feminist leadership behavior by college administrators are given, such as understanding behavior in context, promoting structural change, using active survival strategies, changing behavioral incentives, striving for activism and social justice, fostering interdisciplinary perspectives, and encouraging collaboration. Difficulties encountered by women attempting to change the higher education context and assume feminist leadership styles are discussed.
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Hartmann, Kathrin, and Georg Wenzelburger. "Uncertainty, risk and the use of algorithms in policy decisions: a case study on criminal justice in the USA." Policy Sciences 54, no. 2 (January 29, 2021): 269–87. http://dx.doi.org/10.1007/s11077-020-09414-y.
Full textAbstract:
AbstractAlgorithms are increasingly used in different domains of public policy. They help humans to profile unemployed, support administrations to detect tax fraud and give recidivism risk scores that judges or criminal justice managers take into account when they make bail decisions. In recent years, critics have increasingly pointed to ethical challenges of these tools and emphasized problems of discrimination, opaqueness or accountability, and computer scientists have proposed technical solutions to these issues. In contrast to these important debates, the literature on how these tools are implemented in the actual everyday decision-making process has remained cursory. This is problematic because the consequences of ADM systems are at least as dependent on the implementation in an actual decision-making context as on their technical features. In this study, we show how the introduction of risk assessment tools in the criminal justice sector on the local level in the USA has deeply transformed the decision-making process. We argue that this is mainly due to the fact that the evidence generated by the algorithm introduces a notion of statistical prediction to a situation which was dominated by fundamental uncertainty about the outcome before. While this expectation is supported by the case study evidence, the possibility to shift blame to the algorithm does seem much less important to the criminal justice actors.
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Druckrey, Cathy. "Book Review: Kellough, J. E. (2006). Understanding Affirmative Action: Politics, Discrimination, and the Search for Justice. Washington, DC: Georgetown University Press." Review of Public Personnel Administration 27, no. 4 (December 2007): 421–22. http://dx.doi.org/10.1177/0734371x07307075.
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SANCHEZ-GRAELLS, Albert. "Assessing the Public Administration’s Intention in EU Economic Law: Chasing Ghosts or Dressing Windows?" Cambridge Yearbook of European Legal Studies 18 (May 16, 2016): 93–121. http://dx.doi.org/10.1017/cel.2016.4.
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AbstractHere I reflect on the role of subjective or intentional elements in EU economic law prohibitions, particularly in relation to rules concerning public administration. From a normative perspective, it is desirable to suppress the need for an assessment of subjective intent and to proceed with an objectified enforcement of such prohibitions. With this in view, I consider public procurement and Member State aid rules as two examples of areas of EU economic law subjected to interpretative and enforcement difficulties due to the introduction – sometimes veiled – of subjective elements in their main prohibitions. I establish parallels with other areas of EU economic law – such as antitrust, non-discrimination law and the common agricultural policy – and seek benchmarks to support the main thesis that such intentional elements need to be ‘objectified’, so that EU economic law can be enforced against the public administration to an adequate standard of legal certainty. This mirrors the development of the doctrine of abuse of EU law, where a similar ‘objectification’ in the assessment of subjective elements has taken place.I draw on the case law of the Court of Justice of the European Union to support such ‘objectification’ and highlight how the Court has been engaging in such interpretative strategy for some time. The paper explores the interplay between this approach and more general protections against behaviour of the public administration in breach of EU law: the right to good administration in Article 41 of the Charter of Fundamental Rights of the European Union and the doctrine of State liability for infringement of EU law. I conclude with the normative recommendation that the main prohibitions of EU economic law should be free from subjective elements focused on the intention of the public administration.
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Melin, Pauline. "Overview of recent cases before the Court of Justice of the European Union (November 2020-March 2021)." European Journal of Social Security 23, no. 2 (April 22, 2021): 172–78. http://dx.doi.org/10.1177/13882627211009230.
Full textAbstract:
In this reporting period (November 2020-March 2021), five cases will be presented. The first case is INPS v WS (C-302/19), dealing with the Italian legislation that excludes Single Permit holders from receiving family benefits for their family members residing in a third country. In the second report, two cases rendered on the same day by the Grand Chamber of the Court are discussed. In D.J. v Radiotelevizija Slovenija (C-344/19) and RJ v Stadt Offenbach am Main (C-580/19), the Court clarified the circumstances under which periods of stand-by time could be considered as ‘working time’ or, alternatively, ‘rest periods’ under Directive 2003/88. XI v Caisse pour l’avenir des enfants (C-129/20) is the third case reported. It concerns an interpretation of the Framework Agreement on parental leave in the light of the Luxembourg legislation, which requires parents to be employed at the time of their child’s birth to benefit from parental leave. Finally, the case report ends with VL v Szpital Kliniczny im. dra J. Babińskiego Samodzielny Publiczny Zakład Opieki Zdrowotnej w Krakowie (C-16/19), a case of discrimination on grounds of disability.
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Makuve, Nyasha. "Contemporary Issues in Higher Education: Diversity, Inclusion, Management and Governance." African Journal of Education and Practice 10, no. 1 (April 11, 2024): 56–65. http://dx.doi.org/10.47604/ajep.2487.
Full textAbstract:
Purpose: Teachers, students, and the administration of higher education institutions face a variety of opportunities and challenges as a result of diversity and inclusion. This study looks at diversity and inclusion as a current concern in postsecondary education from the perspectives of instructors, students, and institutional administration. It aims to offer suggestions for dealing with these problems in universities. Higher education institutions are independent and not subject to government oversight in the same manner as public sector organizations, despite receiving significant public funding. The governance, management, and autonomous status of higher education institutions are other topics covered in this work.
Methodology: This review draws from inclusion theory which has transformed the view on diversity management from preventing discrimination, which suits the moral view on equality as procedural or individual justice, to ensuring inclusion, which fits the moral view on equality as recognition of diversity. The information is based on literature from various sources.
Findings: This study highlights that diversity and inclusion creates a better workplace for everyone while creating an inclusive learning environment. Good governance assures the quality of decision-making hence promotes effective delivery of educational services in a higher learning institution.
Unique Contribution to Theory, Practice and Policy: This review article discusses various initiatives, strategies and challenges on diversity and inclusion in higher education as a contemporary issue. The paper also discusses the differences in management and governance as applied in higher education.
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Çelik, Hafit. "Öğretmenlerin Eğitim Yönetiminde Karşılaştıkları Ayrımcı Tutum ve Davranış Algılarının Anlaşılmasına Yönelik Araştırma Bulgularının Değerlendirilmesi." International Journal of Social Sciences 7, no. 31 (September 14, 2023): 278–92. http://dx.doi.org/10.52096/usbd.7.31.14.
Full textAbstract:
In this research, it is aimed to evaluate the research findings aimed at understanding the perceptions of discriminatory attitudes and behaviors encountered by teachers in educational administration. This study was conducted in schools in Bağcılar district of Istanbul Province under the Ministry of National Education. The method of this qualitative study is case science (phenomenology) and the data were interpreted by descriptive analysis. The participants of the study consist of 16 teachers from different branches at kindergarten, elementary, middle and high school levels. A semi-structured interview form was applied with 4 open-ended questions delivered to teachers via Google Forms. The aim of the project is to damage the sense of justice of the teacher who is exposed / witnessed discriminatory behavior and to determine the negative reflection of this on his inner world from the primary mouth. The questions directed to the teachers were planned in the form of a semi-structured interview form, and the data collection tools were determined in this way. In the analysis of the qualitatively collected data, the data obtained were divided into codes and categories and classified using certain themes. Key Words: Teacher, Education Management, Discrimination, Research Finding
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Islam, Rabiul. "Access to Justice through Legal Aid: A Study in Bangladesh." American International Journal of Social Science Research 1, no. 1 (August 5, 2017): 22–32. http://dx.doi.org/10.46281/aijssr.v1i1.159.
Full textAbstract:
Equal access to justice for the rich and poor alike is prerequisite to the maintenance of the rule of law. But the justice system through judicial administration is very costly in Bangladesh and that cost has been the most difficult factor for the poor and vulnerable sectors of people in case of getting justice. Thus an adequate legal aid system is one of the effective ways to ensure access to justice as well as to establish rule of law. In this paper attempts have been made to examine the present condition of the legal aid services in Bangladesh, the establishment and functions of the different legal aid committees but, importance is especially given to the local govt. level where legal aid services are provided by the District, Upazila and Union Legal Aid Committees. The study compares the role of the govt. and non- govt. organizations in dissemination of legal aid services among the people who do not manage themselves to get proper remedy due to various limitations and discriminations. After reviewing the collected data and analysis of these, it has observed that the cases to which legal aid services are provided include both the civil and criminal matters and the cases relating to family affairs. Finally conclusion is drawn after evaluating the activities of the aforesaid organizations and by making substantial recommendations to the concerned authority.
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Wendel, W. "Sally Yates, Ronald Dworkin, and the Best View of the Law." Michigan Law Review Online, no. 115 (2017): 78. http://dx.doi.org/10.36644/mlr.online.115.sally.
Full textAbstract:
What interests me, as a scholar of legal ethics and jurisprudence, is whether Yates got it right when she said the responsibility of a lawyer for the government is to seek justice and stand for what is right, and that the position of the Department of Justice should be informed by the lawyer’s best view of the law. Yates’s claim that legal advice should be informed by the best view of the law sounds very much like the position of Ronald Dworkin. Dworkin argued that a judge should determine the legal rights and duties of the litigants by constructing the best possible interpretation of the principles of justice, fairness, and procedural due process, all considered from the standpoint of the community’s political morality. The judge’s interpretation must fit with past legal decisions, but its aim is also to show the community’s legal practices in their best moral light. I do not know whether Yates was thinking about Dworkin when she wrote her letter, but I wish to use this Essay to seek to persuade legal advisors—whether for the government or a private client— that their role is not to construct an interpretation of the law that represents the best constructive interpretation of political morality but rather to serve as agents of their client. There are several reasons that lawyers should not be Dworkinian interpreters, but this Essay will concentrate on two. First, Dworkin’s jurisprudential vision has always sat uncomfortably with moral pluralism. Dworkin denies that his imaginary Judge Hercules merely imposes his own moral preferences under the guise of offering a legal interpretation. He insists that Hercules instead provides the best account of the community’s political morality. But he has very little to say about the possibility that a faithful reconstruction of the community’s moral principles will potentially establish multiple moral narratives bearing on the same question of legal interpretation. The American experience with immigration shows that, as a political com-munity, we have a remarkable capacity for tolerating both expansive executive power and discrimination on the basis of nationality (and, as demonstrated by the George W. Bush Administration, possibly discrimination on the basis of religion). As a community we also have become increasingly tolerant of strong executive power, but in the immigration context the president’s plenary power goes back more than a century, to the Chinese Exclusion Case. Litigation after the September 11 attacks set some limits on the president’s power, but left in place the deference given to the executive branch by the other branches on matters pertaining to national security. A program called the National Security Entry Exit Registration System (NSEERS), established by the Bush Administration, required the registration, fingerprinting, and questioning of aliens present in the United States from Muslim-majority countries, who were males over the age of sixteen. Courts sustained the registry features of the NSEERS program against due process and equal protection challenges, claims that the program amounted to racial profiling, and arguments regarding lack of statutory authorization for the program. That is not the only story, but it is certainly an aspect of our political morality that sits alongside the antidiscrimination norms articulated in the Constitution and numerous judicial opinions. What is a lawyer modeling herself on Judge Hercules to do when seeking the best view of the law?
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Wendel, W. "Sally Yates, Ronald Dworkin, and the Best View of the Law." Michigan Law Review Online, no. 115 (2017): 78. http://dx.doi.org/10.36644/mlr.online.115.sally.
Full textAbstract:
What interests me, as a scholar of legal ethics and jurisprudence, is whether Yates got it right when she said the responsibility of a lawyer for the government is to seek justice and stand for what is right, and that the position of the Department of Justice should be informed by the lawyer’s best view of the law. Yates’s claim that legal advice should be informed by the best view of the law sounds very much like the position of Ronald Dworkin. Dworkin argued that a judge should determine the legal rights and duties of the litigants by constructing the best possible interpretation of the principles of justice, fairness, and procedural due process, all considered from the standpoint of the community’s political morality. The judge’s interpretation must fit with past legal decisions, but its aim is also to show the community’s legal practices in their best moral light. I do not know whether Yates was thinking about Dworkin when she wrote her letter, but I wish to use this Essay to seek to persuade legal advisors—whether for the government or a private client— that their role is not to construct an interpretation of the law that represents the best constructive interpretation of political morality but rather to serve as agents of their client. There are several reasons that lawyers should not be Dworkinian interpreters, but this Essay will concentrate on two. First, Dworkin’s jurisprudential vision has always sat uncomfortably with moral pluralism. Dworkin denies that his imaginary Judge Hercules merely imposes his own moral preferences under the guise of offering a legal interpretation. He insists that Hercules instead provides the best account of the community’s political morality. But he has very little to say about the possibility that a faithful reconstruction of the community’s moral principles will potentially establish multiple moral narratives bearing on the same question of legal interpretation. The American experience with immigration shows that, as a political com-munity, we have a remarkable capacity for tolerating both expansive executive power and discrimination on the basis of nationality (and, as demonstrated by the George W. Bush Administration, possibly discrimination on the basis of religion). As a community we also have become increasingly tolerant of strong executive power, but in the immigration context the president’s plenary power goes back more than a century, to the Chinese Exclusion Case. Litigation after the September 11 attacks set some limits on the president’s power, but left in place the deference given to the executive branch by the other branches on matters pertaining to national security. A program called the National Security Entry Exit Registration System (NSEERS), established by the Bush Administration, required the registration, fingerprinting, and questioning of aliens present in the United States from Muslim-majority countries, who were males over the age of sixteen. Courts sustained the registry features of the NSEERS program against due process and equal protection challenges, claims that the program amounted to racial profiling, and arguments regarding lack of statutory authorization for the program. That is not the only story, but it is certainly an aspect of our political morality that sits alongside the antidiscrimination norms articulated in the Constitution and numerous judicial opinions. What is a lawyer modeling herself on Judge Hercules to do when seeking the best view of the law?
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Wendel, W. "Sally Yates, Ronald Dworkin, and the Best View of the Law." Michigan Law Review Online, no. 115 (2017): 78. http://dx.doi.org/10.36644/mlr.online.115.sally.
Full textAbstract:
What interests me, as a scholar of legal ethics and jurisprudence, is whether Yates got it right when she said the responsibility of a lawyer for the government is to seek justice and stand for what is right, and that the position of the Department of Justice should be informed by the lawyer’s best view of the law. Yates’s claim that legal advice should be informed by the best view of the law sounds very much like the position of Ronald Dworkin. Dworkin argued that a judge should determine the legal rights and duties of the litigants by constructing the best possible interpretation of the principles of justice, fairness, and procedural due process, all considered from the standpoint of the community’s political morality. The judge’s interpretation must fit with past legal decisions, but its aim is also to show the community’s legal practices in their best moral light. I do not know whether Yates was thinking about Dworkin when she wrote her letter, but I wish to use this Essay to seek to persuade legal advisors—whether for the government or a private client— that their role is not to construct an interpretation of the law that represents the best constructive interpretation of political morality but rather to serve as agents of their client. There are several reasons that lawyers should not be Dworkinian interpreters, but this Essay will concentrate on two. First, Dworkin’s jurisprudential vision has always sat uncomfortably with moral pluralism. Dworkin denies that his imaginary Judge Hercules merely imposes his own moral preferences under the guise of offering a legal interpretation. He insists that Hercules instead provides the best account of the community’s political morality. But he has very little to say about the possibility that a faithful reconstruction of the community’s moral principles will potentially establish multiple moral narratives bearing on the same question of legal interpretation. The American experience with immigration shows that, as a political com-munity, we have a remarkable capacity for tolerating both expansive executive power and discrimination on the basis of nationality (and, as demonstrated by the George W. Bush Administration, possibly discrimination on the basis of religion). As a community we also have become increasingly tolerant of strong executive power, but in the immigration context the president’s plenary power goes back more than a century, to the Chinese Exclusion Case. Litigation after the September 11 attacks set some limits on the president’s power, but left in place the deference given to the executive branch by the other branches on matters pertaining to national security. A program called the National Security Entry Exit Registration System (NSEERS), established by the Bush Administration, required the registration, fingerprinting, and questioning of aliens present in the United States from Muslim-majority countries, who were males over the age of sixteen. Courts sustained the registry features of the NSEERS program against due process and equal protection challenges, claims that the program amounted to racial profiling, and arguments regarding lack of statutory authorization for the program. That is not the only story, but it is certainly an aspect of our political morality that sits alongside the antidiscrimination norms articulated in the Constitution and numerous judicial opinions. What is a lawyer modeling herself on Judge Hercules to do when seeking the best view of the law?
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Barbash, Daria. "Stereotype as an Obstruction to Justice and Its Influence on a Judge While Consideration of a Criminal Proceeding." Theory and Practice of Forensic Science and Criminalistics 32, no. 3 (September 29, 2023): 132–47. http://dx.doi.org/10.32353/khrife.3.2023.08.
Full textAbstract:
Consideration by a judge of criminal cases is closely related to the formation of internal conviction, which, in turn, is influenced by numerous factors, including internal psychological ones. One of them is the phenomenon of stereotyping, inherent to every person as a component of human social nature. The Article Purpose is to analyze the phenomenon of stereotype, its historical development, and study into the influence of the stereotyping process on the judge while consideration of criminal cases. To fulfil the specified goal, a systematic approach was chosen out of general scientific and special scientific methods, among which the most widely used are: historical-legal, formal-legal, and systemic-structural. Significance of the stereotyping phenomenon for society as a whole and for an individual in particular has been also analyzed, its influence on a judge’s internal perception of the defendant and case circumstances, as well as its impact on evidence evaluation in a criminal proceeding. The influence of various types of stereotypes on perception by a judge of a person brought to criminal responsibility (depending on his/her gender, race, or nationality) has been studied, along with racial bias during consideration of criminal cases (depending on crime type). It has been proven that a deeply-rooted stereotype can influence the development of a judge’s internal conviction, and therefore, evaluation of evidence in a case, the decision on a person’s guilt (innocence), determination of punishment, etc. It has been highlighted that stereotyping during administration of criminal cases by a judge negatively affects the judge’s impartiality and may provoke discrimination against parties in a criminal proceeding, which is inadmissible.
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De Assis, Luiz Eduardo Altenburg. "Arbitrabilidade dos litígios com empresas estatais à luz da jurisprudência do TCU e do STJ." Revista Brasileira de Arbitragem 18, Issue 71 (December 1, 2021): 39–64. http://dx.doi.org/10.54648/rba2021029.
Full textAbstract:
The objective of this paper is to provide an analysis concerning some criteria adopted by Brazilian courts in matters of arbitrability of disputes involving state-owned companies. To this end, I initially examine the characteristics of the legal regime of state-owned companies. Then, the evolution of the jurisprudence of the Federal Court of Accounts and the Superior Court of Justice is examined, with the aim of identifying the main controversial issues regarding the use of arbitration by public agencies. In the last part, the article focuses on three criteria adopted by Brazilian case law to deny the arbitrability of disputes with state-owned companies: a) the distinction between state-owned companies providing public services and those exploiting economic activities; b) the discrimination between main and support activities of the state-owned companies; and c) the extension of the statutory arbitration clause to the controlling shareholder of the state-owned company. In the end, it is concluded that arbitration is an adequate and necessary instrument for the persecution of public interests that legitimizes the State’s entrepreneurship, although its consolidation still demands the overcoming of traditional dogmas of the Brazilian administrative law that are incompatible with the business ends of the state-owned companies. Arbitration; Public Administration; state-owned companies; arbitrability.
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Das, Rolla. "Un‘casting’ Universities: Examining the Intersections of Inclusive Curriculum and Dalit Pedagogies in a Private University in Bangalore, India." CASTE / A Global Journal on Social Exclusion 4, no. 1 (May 15, 2023): 154–66. http://dx.doi.org/10.26812/caste.v4i1.428.
Full textAbstract:
Despite India’s constitutional dream to achieve equity and justice, caste still remains an issue of concern. Especially in the context of education, reports indicate a disparity in access and participation across gender, caste and other parameters (Hickey & Stratton, 2007). The prevalence of caste-based discrimination across universities and Dalit student suicides continue to be widely reported (Anderson, 2016; Niazi, 2022; Shantha, 2023; Nair, 2023). While the University Grants Commission, especially Mandal Commission and the Thorat Committee have placed certain recommendations, many universities fall short of implementing the same and even if they do, they don’t percolate to an informed student/ faculty/ administration policy (Sitlhou, 2017). Lack of a well-defined policy, its implementation and the disconnect between curriculum and pedagogy has resulted in an erasure of the discourse on caste within higher education institutions. Furthermore, the disconnect has promoted a sense of alienation in educational institutions wherein some students graduate from school or universities without any exposure to caste as a social problem and some students face humiliation routinely. This project is an autoethnographic study of classrooms in a private university in Bangalore to understand the gaps that emerge from the disconnect between curriculum, pedagogy and comprehension of students about caste and present an alternative pedagogical paradigm that is situated, participatory, historical and critical.
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Leite, Carlos Henrique Bezerra, and Humberto Lima de Lucena Filho. "Resolution Nº 351/2020 of the National Council of Justice and the conventionalization of Law: the conceptual revisitation of moral harassment and the safe and healthy working environment right." OBSERVATÓRIO DE LA ECONOMÍA LATINOAMERICANA 22, no. 5 (May 23, 2024): e4840. http://dx.doi.org/10.55905/oelv22n5-158.
Full textAbstract:
Violence in the working environment is a phenomenon that challenges workers, employers and the Public Administration in combating and eliminating it. Among the multiple types of hostile acts is moral harassment, which, although it appears as a psychosocial risk in Brazilian labor relations, has not been autonomously disciplined by any federal law of private law, relegating the adequate implementation of the fundamental human right to a safe and healthy work environment. In this context, since 2019, the International Labor Organization (ILO) has included Convention No. 190 in its normative list, which deals with the elimination of violence and harassment in the world of work. In Brazil, the theme, within the scope of work relationships occurring in the Judiciary, is guided by Resolution No. 351/2020 (and its subsequent amendments) of the National Council of Justice, which established the Policy for the Prevention and Confrontation of Moral Harassment, of Sexual Harassment and Discrimination. This article aims to identify and trace evolutionarily the position of the National Council of Justice regarding the material aspect of the ILO's conventional law, notably regarding the concept of moral harassment, taking into account the minimum duty of conventionalization of the Law, even in the face of non-ratification of the commented international treaty. It concludes that, originally, the text of Resolution No. 351/2020 chose a criterion for identifying moral harassment adopted by classical doctrine and Brazilian majority jurisprudence. However, in 2023, imbued with the duty to conventionalize the law and inspired by the guiding nature of the material legal source of treaties on human rights not yet ratified, it aligned itself with the concept of moral harassment enshrined in Convention No. 190, positioning itself on the flank axiological approach to realizing the fundamental human right to a safe and healthy working environment in the sphere of public servants of the Judiciary.
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Syroid, T. L., L. О. Fomina, and P. V. Fomin. "Protection of labor rights of employees of international intergovernmental organizations: theory and practice." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 446–52. http://dx.doi.org/10.24144/2788-6018.2022.05.82.
Full textAbstract:
The article examines the issue of protection of labor rights of employees of international intergovernmental organizations by means of internal judicial mechanisms. It was noted that rights related to labor relations, including international civil servants, are guaranteed by the provisions of a number of international agreements in the field of human rights, in particular, the Universal Declaration of Human Rights of 1948 (Article 23), the International Covenant on Economic, Social and Cultural rights of 1966 (Art. 7-9). Institutional bodies, in particular, the United Nations Human Rights Committee, and the United Nations Committee on Economic, Social and Cultural Rights paid significant attention to them.
It is emphasized that the protection of labor rights correlates with the right to social security and covers the right to access benefits, whether in cash or in kind, and enjoy them without discrimination in order to ensure protection.
The practice of the Dispute Tribunal of the United Nations, the Administrative Tribunal of the International Labor Organization, the Administrative Tribunal of the Organization for Economic Cooperation and Development regarding consideration of labor disputes between the staff and the administration of the organization was studied.
It is emphasized that the functioning of internal mechanisms and ensuring access to them is a guarantee of the protection of fundamental rights provided by international acts in the field of human rights. It is indicated that in order to establish the compliance of the internal justice systems of international intergovernmental organizations with international human rights law, the Index of Legitimacy of the Internal Justice Systems of International Organizations was created, since the internal mechanisms for resolving labor disputes may have differences due to the nature and directions of activities of an IGO, which in turn, may have an impact on compliance with the labor rights of its employees.
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Agwor, Desmond O. N., Empire Hechime Nyekwere, and Innocent C. S. Okogbule. "A Legal Assessment of the Protection of the Human Rights of Women and Children under the United Nations 2030 Agenda for Sustainable Development Goals (SDGs) in the Light of Some Selected Human Rights Instruments." Global Journal of Politics and Law Research 10, no. 8 (August 15, 2022): 55–80. http://dx.doi.org/10.37745/gjplr.2013/vol10n85580.
Full textAbstract:
The violations and abuses of the rights of women and children has been a source of global concern for decades. The United Nations (UN) has made several international efforts to protect the rights and freedoms of women and children starting with the adoption of the Universal Declaration of Human Rights (UDHRs) by its General Assembly in Paris on 10 December 1948, which sets out, for the first time, fundamental human rights to be internationally safeguarded. Other efforts which the UN has made to protect the rights of women include the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others 1949, Equal Remuneration Convention 1951, Convention on the Political Rights of Women 1952, Convention on the Nationality of Married Women 1957, Discrimination (Employment and Occupation) Convention 1958, Convention against Discrimination in Education 1960, Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages 1962, Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1979. Similarly, efforts which the UN has made to protect the rights of children include the UN General Assembly Declaration of the Rights of the Child 1959, the UN Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) 1985, the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children 1986, the UN Convention on the Rights of the Child 1989, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime 2003. However, despite these global efforts made by the UN to protect the rights of women and children, there still exist rampant cases of the violations of the rights of women and children globally. Therefore, the UN, in 2015, made further efforts to protect the rights of women and children through its 2030 Agenda for Sustainable Development Goals (SDGs). This article, which adopted the doctrinal research methodology, assesses the protection of the human rights of women and children under the United Nations 2030 Agenda for SDGs in the light of some selected human rights instruments.
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Fountoulakis, Konstantinos N., Ioannis Diakogiannis, and Ioannis Nimatoudis. "Racial discrimination in combination with stigma for mental illness and dysfunctional Greek police and justice: A case report which summarizes the problems in Greek society and public administration." International Journal of Social Psychiatry 65, no. 2 (December 22, 2018): 180. http://dx.doi.org/10.1177/0020764018820055.
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Smirnov, Alexander, and Andrey Santashov. "Extrajudicial Forms of Protecting Rights and Freedoms of a Person in the Field of Criminal Law Relations: Conceptual Aspects and Improvement of State Response." Russian Journal of Criminology 15, no. 2 (April 30, 2021): 210–19. http://dx.doi.org/10.17150/2500-4255.2021.15(2).210-219.
Full textAbstract:
The article describes the conceptual basis for a new special research theory — extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations. The authors introduce the concept of these forms and their system consisting of legal and non-legal forms of such protection. It is concluded that the reaction of the state to the implementation of legal extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations should be improved with the purpose of ensuring greater justice when making decisions on criminal prosecution for the self-defense of the legal status of a person in the analyzed sphere of relations. The authors offer a number of suggestions on changes and amendments to the Criminal Code of the Russian Federation that would improve the effectiveness of this reaction. On the other hand, non-legal forms of self-defense in the field of criminal law relations should be prevented. The authors present a list of factors determining the existence of these forms in the Russian society, some of which, due to certain circumstances both in the past and present period of the development of Russian state and society, have an «excusable» character. These factors include both global (the spread of various discrimination practices, ideas of extremism and religious radicalism; the escalation of violence) and national factors (historical predetermination of state and public development; features of cultural development of the Russian society; specifics of the implementation of state policy and public administration activities; drawbacks of criminal law regulation of social processes and law enforcement activities; destructive practices of social relations; moral and psychological state of the society; influence of propaganda; defective educational and pedagogical influences, etc.). The authors also present a system of preventive measures aimed at eradicating non-legal forms of the analyzed extrajudicial protection. This system includes measures of developing a state reaction to crimes that would correspond to social expectations, ensuring a greater strictness of criminal law, unavoidability of prosecution, as well as measures of moral rehabilitation of the Russian society, raising the level of its legal conscience and culture. The authors suggest the introduction of a norm that establishes criminal liability for usurping the power of the court connected with the administration of justice.