Regulation of Contracts According to ‘Public Policy or Good Morals’ in Japan: Focusing on the Relationship Between the General Provision in the Civil Code and the Fundamental Rights in the Constitution

2019 ◽  
pp. 67-92
Author(s):  
Hiroyuki Kihara
Keyword(s):  
Public Policy ◽  
Civil Code ◽  
Fundamental Rights ◽  
General Provision ◽  
The Relationship

Compliance and Conflict of Value in Public Policy Implementation: Comparison between the New Order and the Reformation Era

2018 ◽  
Vol 2 (2) ◽  
pp. 99 ◽  
Author(s):  
Dwiyanto Indiahono ◽  
Erwan Purwanto ◽  
Agus Pramusinto
Keyword(s):  
Public Policy ◽  
Policy Implementation ◽  
Local Level ◽  
Group Discussion ◽  
New Order ◽  
The Reformation ◽  
Public Policy Implementation ◽  
Definition Of ◽  
Conflict Of Value ◽  
The Relationship

This research aims to examine differences in the relationship of bureaucratic and political officials during the New Order (Soeharto’s era) and the Reformation (post-Soeharto) era within the arena of public policy implementation. This is a matter of importance given that there is a change in relations between the two from integration in the New Order to bureaucratic impartiality in the Reformation Era. This study attempts to answer the question: How were the relations of bureaucratic and political officials in the implementation of local level public policy during the New Order and the Reformation Era? A qualitative research has been conducted in Tegal Municipality using the following data collection techniques: interview, focus group discussion, documentation, and observation. Tegal Municipality was selected as the study location because of the unique relationship shown between the mayor and the bureaucracy. Its uniqueness lies in the emergence of bureaucratic officials who dare to oppose political officials, based on their convictions that bureaucratic/public values should be maintained even if it means having to be in direct conflict with political officials. This research indicates that the relationship between bureaucratic and political officials in the arena of local level policy implementation during the New Order was characterized as being full of pressure and compliance, whereas during the Reformation Era bureaucrats have the audacity to hinder policy implementation. Such audacity to thwart policies is considered to have developed from a stance that aims to protect public budget and values in policies. The occurring conflict of values here demonstrates a dichotomy of political and bureaucratic officials that is different from the prevailing definition of politics-administration dichotomy introduced at the onset of Public Administration studies.

Time’s Up! Shorter Hours, Public Policy, and Time Flexibility as an Antidote to Youth Unemployment

2018 ◽  
Author(s):  
Katherine Eva Maich ◽  
Jamie K. McCallum ◽  
Ari Grant-Sasson
Keyword(s):  
United States ◽  
Public Policy ◽  
Labor Market ◽  
Youth Unemployment ◽  
The United States ◽  
Employment Relationships ◽  
Gig Economy ◽  
Hours Of Work ◽  
The Relationship ◽  
Work Scheduling

This chapter explores the relationship between hours of work and unemployment. When it comes to time spent working in the United States at present, two problems immediately come to light. First, an asymmetrical distribution of working time persists, with some people overworked and others underemployed. Second, hours are increasingly unstable; precarious on-call work scheduling and gig economy–style employment relationships are the canaries in the coal mine of a labor market that produces fewer and fewer stable jobs. It is possible that some kind of shorter hours movement, especially one that places an emphasis on young workers, has the potential to address these problems. Some policies and processes are already in place to transition into a shorter hours economy right now even if those possibilities are mediated by an anti-worker political administration.

The Content of Parental Rights

2017 ◽  
Author(s):  
Joseph Millum
Keyword(s):  
Religious Freedom ◽  
Fundamental Rights ◽  
Child Rearing ◽  
Parental Rights ◽  
Significant Extent ◽  
The Relationship

This chapter develops an account of the content of parental rights—that is, what they are rights to do and against whom they are held. It distinguishes between fundamental parental rights, which are grounded in the interests of the parents, and derivative parental rights, which are grounded in other considerations. It argues that parents have fundamental rights to realize the goods that they have made possible through their work in raising their child. The content of derivative parental rights will depend to a significant extent on how a society or community organizes child-rearing. To illustrate this view the chapter considers putative parental rights to physically punish one’s child and to exercise religious freedom with respect to one’s child. Finally, there is a discussion of the relationship between parental rights and various justice-related considerations. The chapter closes by summarizing a framework for evaluating whether a putative parental right is justified.

The Democratic Costs of Constitutionalization— The European Case

2017 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
At Risk ◽  
Economic Integration ◽  
Fundamental Rights ◽  
European Law ◽  
European Court ◽  
Political Implications ◽  
The Impact ◽  
The Relationship ◽  
The Eu

This chapter examines the democratic costs of constitutionalization by focusing on the European case. It first considers the interdependence of democracy and constitutionalism before discussing how constitutionalization can put democracy at risk. It then explores the tension between democracy and fundamental rights, the constitutionalization of the European treaties, and the European Court of Justice’s (ECJ) two separate judgments regarding the relationship between European law and national law. It also assesses the impact of the ECJ’s jurisprudence on democracy, especially in the area of economic integration. The chapter argues that the legitimacy problem the EU faces is caused in part by over-constitutionalization and that the remedy to this problem is re-politicization of decisions with significant political implications.

scholarly journals Soft Law Engagements and Hard Law Preferences: Comparing EU Lobbying Positions between UN Global Compact Signatory Firms and Other Interest Group Types

2021 ◽  
pp. 1-23
Author(s):  
Onna van den Broek
Keyword(s):  
Public Policy ◽  
Political Representation ◽  
Policy Preferences ◽  
Soft Law ◽  
The European Union ◽  
Global Compact ◽  
Un Global Compact ◽  
Political Activities ◽  
Policy Issues ◽  
The Relationship

Abstract Although corporate social responsibility (CSR) has gone “mainstream,” the relationship between CSR and corporate political activities (CPA) has received little scholarly attention. This is problematic because firms potentially have a more sizable impact through their lobbying activities for socially and environmentally beneficial (or unbeneficial) public policies than through their own operations. This paper investigates if, and how, UN Global Compact signatory firms differ in their policy preferences on key EU proposals compared to other interest groups. To capture state-of-the-art data on firms’ policy preferences, I draw from the INTEREURO database, which includes firms’ lobbying positions on forty-three directives and twenty-seven regulations covering 112 public policy issues in the European Union. Statistical results show that Global Compact signatory firms significantly lobby for stricter regulation than non-signatory firms and industry associations, however, their positions are still lower than nonbusiness groups. These results are similar across various public policy issues and suggest that the regulatory preferences of firms’ participating in soft law CSR initiatives are more aligned with stakeholders' interests. This paper contributes to public policy literature exploring the relationship between hard and soft law as well as literature studying the political representation of divergent interest.

Corporate Social Responsibility and Government: The Role of Discretion for Engagement with Public Policy

2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon
Keyword(s):  
Public Policy ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Integrated Framework ◽  
The Law ◽  
Corporate Social ◽  
Relationship Of ◽  
The Relationship

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.

Introduction

2016 ◽  
pp. xvi-22
Author(s):  
Linda Kalof
Keyword(s):  
Public Policy ◽  
Political Theory ◽  
Animal Studies ◽  
Cultural Representations ◽  
Key Issues ◽  
The Relationship ◽  
Animal Question

This chapter introduces the field of animal studies as an interdisciplinary scholarly endeavor to understand the relationship humans have with other animals. That relationship is mapped into five major categories, reflected in the titles of each of the handbook’s five parts: “Animals in the Landscape of Law, Politics and Public Policy”; “Animal Intentionality, Agency, and Reflexive Thinking”; “Animals as Objects in Science, Food, Spectacle and Sport”; “Animals in Cultural Representations”; and “Animals in Ecosystems.” The chapters in each part are summarized and key issues in the “animal question” are explicated. Chapter topics include animals in research, entertainment, law, political theory, public policy, agency, tourism and ecology. Concluding remarks include an appeal for altruistic coexistence for all beings in the earth’s ecosystem.

Instrument of Mobilization or a Bridge towards Understanding? Religion and Values in the Reform Process of the European Union

2009 ◽  
Vol 2 (3) ◽  
pp. 257-284 ◽  
Author(s):  
Christof Mandry
Keyword(s):  
European Union ◽  
Political Identity ◽  
Fundamental Question ◽  
Fundamental Rights ◽  
The Self ◽  
Reform Process ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Relationship ◽  
The Eu

AbstractThe self-understanding of the Europeans has been profoundly put into question since 1989, and during the EU reform process, 'Europe' was confronted by the task of describing itself anew. In this context, the debate about the significance of the religious patrimony took on a key position in the discourse. The broad public discussions of the preambles to the European Charter of Fundamental Rights and the Treaty establishing a Constitution for the European Union (ECT) indicate that the relationship between religion and political remains a controversial issue. The article argues that the 'preamble disputes' are part and parcel of the European Union's quest for a political identity and that the outcome of the identity debate—the self-description as a 'community of values'—deals in a specific way with this fundamental question.

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